Prohibits the use of mobile telephones or wireless devices by certain persons while operating a vehicle

Title of bill

An act to amend the vehicle and traffic law, in relation to prohibiting the use of mobile telephones or wireless devices by certain persons while operating a vehicle

Purpose

To amend the vehicle and traffic law to prohibit drivers under the age of eighteen (1 8) years from using a hand-held or hands-free mobile telephone or wireless device while operating a motor vehicle.

Summary of provisions

Section 1 of the bill would amend §501-a of the vehicle and traffic law to add definitions for the terms "mobile telephone," "wireless device," "text messaging," "digital imaging," "hand-held," and "hands-free."

Section 2 of the bill would amend subdivision (1) of §501-b of the vehicle and traffic law to prohibit the holder of a class DJ or class M1 learner's permit from using a hand-held or hands-free mobile telephone or wireless device while operating a vehicle, unless in case or an emergency where medical or emergency personnel are being contacted.

Section 3 of the bill would amend subdivision (2) of §501-b of the vehicle and traffic law to prohibit the holder of a class DJ or class MJ learner's permit from using a hand-held or hands-free mobile telephone or wireless device while operating a vehicle, unless in case or an emergency where medical or emergency personnel are being contacted.

Justification

According to auto industry research, teen drivers are four times more distracted than adult drivers by cell phone use. In a recent study, Ford Motor Company put teens and adults in a simulator to measure the effect of age on cell phone distraction. Without any distractions, both the teens and adults studied had a three percent miss rate in identifying potentially dangerous events. However, when the same test was run again with the participants using a cell phone, the adult miss rate rose to 13% and the teen miss rate to more than 50%.

While § 1225-c of the vehicle and traffic law currently prohibits all drivers from using a hand-held cell phone while operating a motor vehicle, the myriad of wireless devices developed since the passage of that law, in combination with the lack of driving experience by those under eighteen years of age, have created many new and dangerous distractions that can lead to accidents, injury and death. By prohibiting permit holders and young licensees from using mobile phone and other wireless devices while operating a vehicle, this legislation will reduce the incidence of distracted driving, improve safety on our roadways, put drivers on notice as to prohibited behavior, and encourage good driving habits that will last a lifetime.

Further, this legislation recognizes that mobile phones and wireless devices can be helpful in case of emergency. It is for this reason that the use of a mobile phone or wireless device by a young driver during an emergency, for the purpose of contacting an operator, police, fire, emergency or medical personnel, is not prohibited.

Legislative history

2008 - S5332 - Referred to Transportation

Fiscal implications

None. EFFECTIVE DATE : This act shall take effect sixty days from the date on which it shall have become a law.