Prohibits the writing, sending or reading of text messages on a mobile telephone while driving

Provides that the term hand-held mobile telephone shall not include vehicle-integrated voice-activated devices.

Section 3 amends section 502 of the vehicle and traffic law by adding new paragraph (c-3) prescribing that the Commissioner of Motor Vehicles designate a portion of the pre-licensing course to educating new drivers about the hazards of cell phone use while driving and the potential penalties of violating this provision of the law.

Section 4 amends section 502(a), (b), and (d) of the vehicle and traffic law to require that at least one question on the licensing written examination relates to cell phone safety. Also, this section provides the Commissioner with the ability to provide for the additional training of pre-licensing course instructors to insure competency in cell phone safety instruction.

Section 5 amends section 2336 of the Insurance Law to include a cell phone safety component as part of the national safety council's defensive driving course.

Justification

Talking on cell phones isn't the only distractions that causes inattentive driving. The explosion of the popularity of texting has created a new driver distraction that can lead to tragedy.

Texting while driving increases the chance of getting into an accident. A person simply cannot drive attentively when searching for the needed letters or symbols for texting. Concentration on a text message rather than the road leads to swerving or lane drifting, tailgating, cutting off another driver or hitting another car.

According to studies done by AAA, any activity that takes a driver's attention off the road for more than two seconds can double a driver's risk of a crash. According to Zogby Poll, 66% of people between 18-24 send text messages while behind the wheel. A 2007 Harris Interactive poll found that 91% of Americans think that driving while texting is as dangerous as drunk driving and 89% of those polled support a ban.

Therefore, this legislation not only prohibits text messaging while driving, but also requires an educational component to increase awareness of the hazards of distracted driving. The bill directs the Commissioner of the Department of Motor Vehicles to include a component on cell phone safety in the pre-licensing course and a question on this issue in the written licensing exam. By educating our young drivers on the possible fatal consequences of distracted driving, this legislation may in fact save lives. LEGISLATIVE HISTORY : S.3195-C of 2008 (Passed Senate)

Fiscal implications

None.

Effective date

This act shall take effect on the one hundredth eightieth day after it shall have become a law, provided that the amendments to subsection (a) of section 2336 of the insurance law made by section five of this act shall be subject to the expiration and reversion of such subsection as provided in section five of chapter 751 of the laws of 2005, as amended, when upon such date section six of this act shall take effect.