Makes a chapter amendment to A. 8568-B relating to the use of portable electronic devices

Title of bill

An act to amend the vehicle and traffic law, in relation to the use of portable electronic devices

Purpose

This is a chapter amendment to A.8568-B relating to the prohibition on texting while driving. The chapter amendment removes the restriction on police and peace officers ability to issue a summons to an individual who they have reasonable cause to believe are texting while driving.

Summary of provisions

Subdivision six of section 1225-d of the vehicle and traffic law as proposed in A.8568-B, which has passed both houses, is amended to remove a restriction on law enforcement's ability to issue a summons for a person the police have reasonable cause to believe are texting while driving.

Existing law

Section 1225-c of the vehicle and traffic law currently prohibits the operation of a motor vehicle on a public highway while using a mobile phone to engage in a call while the vehicle is in motion. Violation of this provision of law is a traffic infraction punishable by a fine of not more than one hundred dollars. Under Section 1225-c of the vehicle and traffic law if law enforcement has reasonable cause to believe an individual is operating a motor vehicle while using a cell phone to engage in a call, the vehicle may be stopped and a summons issued for the driver to appear in court.

Assembly Bill 8568-B, which has passed both houses and is awaiting action by the Governor enacts a similar prohibition on texting while driving. Section 1225-d of the vehicle and traffic law will prohibit the operation of a motor vehicle while using any portable electronic device while the vehicle is in motion. Violation of this new provision will also be a traffic infraction punishable by a fine of not more than one hundred and fifty dollars.

However, unlike using a mobile phone while driving, the prohibition on texting while driving prohibits police and other law enforcement personnel from issuing a summons for such activity unless they can show a court they had reasonable cause to believe the person operating the motor vehicle has committed some other violation of law. Law enforcement officials are unaware of any other vehicle and traffic violation which restricts their ability to enforce the law in such a manner.

Justification

There is no rational basis for preventing police and law enforcement from issuing a summons to individuals they have reasonable cause to suspect are texting while driving. According to a recent study by the Virginia Tech Transportation Institute (VTTI), drivers who send text messages run a crash risk of over 20 times higher than that of drivers not using phones. Text messaging on a cell phone was associated with the highest risk of all cell phone related tasks according to VTTI, in a study that purports to be one of the clearest studies yet of driver distraction and cell phone use under real-world driving conditions. The VTTI study shows sending text messages while driving involves the longest duration of time with eyes off the road, the equivalent of traveling the length of a football field at 55 mph without looking at the roadway. Treating texting while driving less seriously than using a cell phone while driving is the wrong message to send the motoring public, especially teens.

Legislative history

Chapter amendment to A.8568-B

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Same date as a chapter of the laws of 2009 as proposed in A.8568-B.