PUBLIC HEARING TO EXAMINE WHAT STEPS NEW YORK STATE CAN TAKE TO MAKE ROADS SAFER AND TO KEEP PEOPLE PROTECTED FROM DISTRACTED-DRIVING CRASHES

NYS Driver Education Traffic 24 Safety Association 25 ---oOo--- 1 SENATOR FUSCHILLO: Thank you very much for 2 being here today. 3 I'm going to try to attempt to read this 4 without my glasses, so, if I say something the DMV 5 may not like, it's just because I don't have my 6 glasses on. 7 Before we begin today, let me just take this 8 opportunity, first of all, to thank everybody who's 9 attending; and, also, those who appear before the 10 Committee and offer their expertise and testimony. 11 We're here today to discuss a very real and 12 dangerous problem that's facing everyone on our 13 roadways, and that's distracted driving. 14 Evolving technology has greatly enhanced our 15 ability to communicate. Smartphones, BlackBerries, 16 and other wireless electronic devices allow us to 17 connect to people and information almost 18 instantaneously. However, using these devices 19 behind the wheel of a car possesses a serious safety 20 risk. 21 Drivers using cell phones fail to see up to 22 50 percent of information in their driving 23 environment, according to the National Safety 24 Council. 25 Other research has indicated that impairment 1 of using a cell phone while driving can be as 2 profound as driving drunk with a .08 blood-alcohol 3 level. 4 Texting or e-mailing while driving creates a 5 risk -- crash risk 23 times worse than driving while 6 not distracted. Research has shown that sending or 7 receiving text messages takes the driver's eyes off 8 the roads for an average of 4.6 seconds. That's the 9 equivalent of driving 55 miles per hour down the 10 length of an entire football field, blindfolded. 11 We've seen all cars -- we've all seen cars 12 swerving and driving erratically because the driver 13 was paying more attention to a phone call, text 14 message, or an e-mail instead of the road. This can 15 have deadly consequences as we know. 16 One of today's speakers was seriously 17 injured, and lost her parents, in a crash caused by 18 a distracted driving. 19 For too many other families -- far too many 20 other families know her pain. Every day, more than 21 15 people are killed, and over 1,200 people are 22 injured in distracted-driving crashes, according to 23 the Center for Disease Control. 24 The National Highway Traffic Safety 25 Administration states that, in 2009 alone, over 1 5,400 people were killed, and an estimate of over 2 440,000 were injured, nationwide, in 3 distracted-driving crashes. 4 New York State has made great strides over 5 the years in combating distracted driving. 6 Both, texting while driving, and talking on a 7 cell phone without a hands-free device, are illegal, 8 and carry penalties that include 3 points on the 9 offender's driver's license. 10 Last year, we also took an important step of 11 making texting while driving a primary offense, 12 giving police a greater ability to enforce the state 13 texting ban -- texting-while-driving ban. 14 Following the enactment of that law, the 15 New York State Police issued at least 1,000 tickets 16 a month between July and November of 2011. 17 These are all steps in the right direction 18 but they have not completely solved the problem. 19 That's why we need to explore what else should be 20 done. 21 The National Transportation Safety Board 22 released the recommendations last December on how 23 states could better combat distracted driving. 24 Driving -- during the course of today's 25 hearing, we will gather the input on these 1 recommendations and potential steps New York State 2 can take to prevent distracted driving. 3 I would like to introduce my colleagues. 4 To my left is Assemblyman Dave McDonough, 5 the ranking member of the Transportation Committee 6 in the Assembly; 7 To my right is Senator Owen Johnson, and 8 Senator Lee Zeldin. 9 Gentlemen, thank you very much for being 10 here. 11 Our first speaker is Christopher Hart, who's 12 the vice chairman of the National Transportation 13 Safety Board. 14 Thank you very much for being here. 15 CHRISTOPHER A. HART: Thank you. 16 Good morning, Chairman Fuschillo, and members 17 of the Senate Committee on Transportation. 18 My name, as you heard, is Christopher Hart. 19 I'm the vice chairman of the 20 National Transportation Safety Board. 21 And with me today, accompanying me, is 22 Danielle Robert, to answer the really hard questions 23 you might have. She's from our Office of Advocacy. 24 Thank you for inviting the NTSB to Albany to 25 discuss the recommendation that we issued last 1 December regarding the use by drivers of 2 cellular telephones and other portable electronic 3 devices while driving. 4 This recommendation represents the latest in 5 a progression of recommendations that we have issued 6 since 2002 about PED distractions. 7 By way of introduction, the NTSB is an 8 independent federal agency that investigates 9 transportation accidents, determines what caused the 10 accidents, and then makes recommendations to try to 11 prevent recurrences. 12 The recommendations that arise from these 13 investigations and our safety studies are the NTSB's 14 most important tools for bringing about lifesaving 15 improvements. 16 Before discussing this recommendation, I 17 would like to applaud New York for your leadership 18 on this issue, because New York was the first state 19 to ban the use of hand-held phones by drivers, and, 20 you have also prohibited texting while driving, 21 joining almost 40 other states who have also 22 prohibited texting while driving. 23 Distractions have been a problem for drivers 24 ever since the first driver drove the first car. 25 So between, landscape and billboards; and, 1 the rear-view mirror; and, the street sign, "Is this 2 where I turn?"; and, "Wow, look at the 3 '56 Thunderbird," distractions have been a problem 4 for drivers ever since driving started. 5 But we're becoming increasingly concerned 6 about distractions from PEDs because of the 7 growing number of highway crashes that involve 8 driver distraction, combined with, the increasing 9 use by the general population of cell phones and 10 PEDs, and then combined, also, with the research 11 that shows the adverse effects of distraction on 12 driving. 13 Our first recommendation regarding 14 cell phones resulted from an accident in 2002, when 15 a Ford Explorer veered off the left side of an 16 interstate, crossed over the median, flipped over a 17 guardrail, and caused a collision that resulted in 18 five fatalities. 19 Through our investigation, the NTSB 20 determined that the inexperienced driver of the 21 Ford Explorer was distracted by the use of a 22 cell phone at the time of the accident. 23 Based on this investigation, the NTSB 24 recommended that states prohibit the use of 25 interactive wireless-communication devices by young, 1 novice drivers. 2 Two years later, in 2004, an experienced 3 motor-coach driver was distracted by talking on his 4 hands-free cell phone. 5 He was in a two-bus team, and he failed -- he 6 was the second bus of a two-bus team, and he failed 7 to notice three things: 8 First, that the bus in front of him changed 9 lanes; 10 Second, that there were -- that there were 11 signs that indicate that he's about to come under a 12 stone arch bridge, and that the edge lane had a 13 lower clearance than the middle lane; 14 And, third, that there were signs on the 15 bridge that showed what the clearance was on the 16 edge lane versus the center lane. 17 So, he was on his hands-free cell phone, 18 failed to notice those three things; and, as a 19 result, he struck the bridge, and injured 11 of the 20 27 high school students on the bus. 21 As a result of that, the NTSB recommended 22 that states ban the use of cell phones by commercial 23 driver's-license holders with passenger-carrying or 24 school bus endorsement. 25 In 2010, a tractor-trailer and its -- a 1 tractor -- truck, tractor, and its trailer went off 2 the left side of an interstate highway, crossed the 3 median, and collided with a 15-passenger van 4 traveling in the opposite direction. 5 When we arrived at that accident, we saw what 6 we considered the usual signatures of a "fatigue" 7 accident: falling asleep. 8 We saw the shallow angle of departure from 9 the roadway, the absence of braking, 5:00 in the 10 morning; these are all signatures of "fatigue" 11 accidents, and that's what we anticipated when we 12 went there. 13 In the course of the investigation, we 14 discovered that the driver of the truck was actively 15 on his cell phone. There was no fatigue at all. He 16 was very awake and very much on his cell phone the 17 entire time, which caused him to lose attention 18 to -- focus to his driving, and cross the road into 19 the oncoming van, and killed 11 people in the 20 oncoming van, and himself. 21 As a result of that, we expanded our previous 22 recommendation, that was limited to 23 passenger-carrying- or school bus-endorsement 24 commercial drivers. We expanded that to 25 recommending a ban against cell phone use by all 1 commercial motor-vehicle drivers. 2 The accident that resulted in our most recent 3 recommendation regarding PEDs also occurred in 4 2010, when a pickup truck ran into the back of a 5 truck tractor that had slowed for construction. 6 The pickup truck, in turn, was struck from 7 behind by two school buses; and, as a result, 8 2 people died, and 38 people were injured. 9 The pickup-truck driver sent and received 10 11 text messages in the 11 minutes immediately prior 11 to the accident. 12 Given the accelerating pace of these 13 accidents, in conjunction with our awareness of the 14 increasing use of cell phones and PEDs by the 15 general population, as well as the research on 16 distraction, the NTSB recommended a complete ban 17 against the non-emergency use of all portable 18 electronic devices, other than those designed to 19 support the driving task for all drivers, at all 20 times. 21 As I said, this recommendation is not just 22 based on accident investigations. It's based on the 23 research, and it's based on the increasing use of 24 PEDs in the population. 25 This is not unique to highways. We've seen 1 PED distractions in other transportation modes. 2 In 2008, PED use led to 25 fatalities, when 3 the driver of a commuter train in Chatsworth, 4 California, was texting; and while texting, passed a 5 red signal. 6 And a "red," of course, means "stop." 7 And the reason he's supposed to stop, is 8 because, it's a single track; there was an oncoming 9 freight train. And, he's supposed to wait there 10 until the freight train goes on the siding so he can 11 pass. 12 Well, he did not stop because he was texting; 13 ran into the freight train, and that resulted in 14 25 fatalities. 15 In 2010, a barge/tug-boat combination running 16 over an amphibious "duck" in the Delaware River 17 killed two Hungarian tourists. 18 Now, in that case, that driver was very, very 19 distracted -- the tug-boat operator was very 20 distracted, because, just before he started this 21 run, which was not time-critical -- 22 It was a garbage run; taking an empty barge 23 to pick up garbage from one side of Philadelphia to 24 deposit it at another side of Philadelphia, so, it 25 was not time-critical. 1 -- just before he embarked on that mission, 2 he learned that his 9-year-old son, in the hospital, 3 having around operation, had suffered an 4 anesthesiological mistake, which resulted in him 5 going 8 minutes without brain -- without oxygen to 6 his brain. 7 So, this driver was -- truly, he should have 8 asked for a replacement driver. 9 So, he's on the cell phone continuously 10 during this mission, and the -- because he was 11 distracted, and because he was on his cell phone, he 12 ended up not seeing a boat in the middle of the 13 Delaware River, on a beautiful clear day, and ran 14 over the boat, resulting in two fatalities. 15 And, we're all aware of the Minneapolis 16 overflight in 2009, in which the flight crew went 17 more than 100 miles beyond their destination, 18 because they were distracted by their laptops. 19 So, there's no doubt that obtaining PED-free 20 safe-driving behavior will require a cultural shift. 21 Past safety campaigns have shown that laws 22 aimed at changing behavior are much more likely to 23 enjoy long-term success if they are combined with 24 two other critical elements: 25 One is, high visibility enforcement; and 1 two is, an intense public-information and education 2 campaign. 3 This three-part model involving good laws, 4 good enforcement, and good education has helped with 5 such issues as, increasing seat-belt use, and 6 decreasing impaired driving. 7 And there's evidence that it can work to 8 decrease driver distractions from cell phones and 9 PEDs too, because, as you may know, last year, the 10 National Highway Traffic Safety Administration 11 initiated demonstration programs to determine the 12 effectiveness of high-visibility enforcement on 13 cell-phone use. 14 They did it in two cities: one in Hartford, 15 Connecticut; and one here in New York, in Syracuse. 16 The programs focused on talking or texting 17 using a hand-held device. 18 Hand-held use dropped 56 percent in Hartford, 19 and 38 percent in Syracuse; and texting dropped 20 68 percent and 42 percent, respectively. 21 Recognizing that highway-safety improvements 22 are much more likely to occur with this 23 multi-pronged approach, the NTSB recommendation 24 includes provisions for high-visibility enforcement, 25 as well as education. 1 We know that there are many questions about 2 how to address this issue, and that there are other 3 driving distractions that may also need to be 4 addressed. 5 Accordingly, we will be convening a forum on 6 March 27th to explore this issue further. 7 At this forum, we will be taking a look at 8 this three-pronged process. 9 We will want to hear from those who are 10 involved in the education process and other 11 traffic-safety-improvement programs, to see how it 12 can help with respect to distracted driving. 13 Likewise, we know that a ban on using 14 cell phones presents huge enforcement challenges, 15 so, we will be -- we will want to hear from those 16 who helped with the enforcement aspects of other 17 traffic-safety-improvement programs. 18 In conclusion: The NTSB is especially 19 concerned about distractions from PED use because 20 our accident investigations, the research, and the 21 increasing use of PEDs indicate that this is a 22 growing trend. 23 With more and more drivers using PEDs 24 instead of focusing on that their driving, everyone 25 on the road is at risk. 1 I mentioned the leadership that New York 2 demonstrated by being the first state to ban 3 hand-held cell-phone use. 4 We hope that New York will continue to 5 demonstrate this leadership by expanding its law to 6 include all non-emergency use of PEDs. 7 It's not just about the distracted drivers, 8 it's about the safety of everyone on the road: you 9 and me. 10 Thank you for your consideration of this 11 important issue, and, I'll be happy, with Danielle's 12 help, to take any questions you might have. 13 Thank you. 14 SENATOR FUSCHILLO: Mr. Hart, thank you very 15 much. 16 And, we've been joined by Senator Diaz. 17 Thank you for being here. 18 And, Senator Larkin as well. 19 You know, I talked to you briefly. 20 And, after reading your report, it was really 21 one of the reasons why I wanted to convene this 22 hearing, in seeing the seriousness of this issue in 23 New York State. 24 But I also mentioned to that you, that, 25 during the holidays, you know, when I was stopped at 1 a red light in my district, there was a gentleman to 2 my left who had sort of a glow on him, at night. 3 And I knew it wasn't from above. 4 And when he raised his hand, he was on an 5 iPad. 6 And it was quite shocking that, you know, 7 we've gone from a cell phone or an iPhone now, to 8 an iPad in a car. 9 How would you rate New York State, overall, 10 in their laws, compared to other states in this 11 nation? 12 CHRISTOPHER A. HART: As I mentioned, 13 New York was the leader in being the first to ban 14 cell-phone use. 15 We're hoping that it will continue to be a 16 leader with respect to use of hands-free devices. 17 Also, as I mentioned, you banned texting. 18 So, in that respect, New York is doing quite 19 well, nationally, relative to the other states. 20 SENATOR FUSCHILLO: You know, one of the 21 comments you made, is that, in order to change this, 22 we need a cultural shift, where people don't 23 automatically get on their cell phones or iPhones, 24 or whatever other devices they're using. 25 The question always comes up of enforcement. 1 How do you foresee, you know, if we 2 strengthen our education laws for first-time 3 drivers, or penalties? 4 And I think, New York State, as you stated, 5 is a leader in many avenues like this, to give our 6 law enforcement and district attorneys and DMV the 7 right tools necessary to go after those, but, 8 enforcement is always a concern. 9 Wouldn't you agree? 10 CHRISTOPHER A. HART: Enforcement is a big 11 issue, and that's why it's one of the areas we'll be 12 talking about in our upcoming forum on March 27th, 13 because we recognize the difficulty of enforcing the 14 cell-phone ban. 15 First of all, it's difficult to determine 16 that it happens, without the records. 17 When we do it after an accident, we have to 18 summon the records in order to determine, as we did 19 with that accident where we thought it was a 20 fatigue; 5 a.m., fell asleep, drove off the road. 21 It was not fatigue. 22 We got the records, and that's how -- that's 23 why we needed to find that out. 24 SENATOR FUSCHILLO: It seems that every -- 25 you know, and my Assemblyman, to our left, share the 1 same district, and we always say, that, you know, we 2 could stand on the corner and watch ten cars goes 3 by, and nine them are on the cell phone, picking it 4 up. 5 And it's become such a matter of convenience, 6 and urgency, that every phone call and text message 7 is received at that moment. 8 I wanted to ask you, since you are a national 9 board: Do you foresee the federal government 10 requiring states to implement some of your 11 recommendations? 12 CHRISTOPHER A. HART: The National Highway 13 Traffic Safety Administration would have a better 14 handle on that. 15 Historically, what they -- what has often 16 happened, is there have been incentives tied with, 17 say, highway money, for example. 18 If you have motorcycle-helmet laws, if you 19 have seat-belt laws, that entitles you to more 20 highway money. 21 So, there are several means by which the 22 federal government can intervene; but, essentially, 23 the bottom line is, it appears to be a state issue. 24 SENATOR FUSCHILLO: All right. Okay. 25 Senator Larkin. 1 SENATOR LARKIN: Thank you very much for 2 being here, Mr. Hart. 3 I heard what you just said. 4 You know, a football team went out at -- two 5 weeks ago, and people laughed at them and said they 6 couldn't do anything. 7 They put their heart together and they did 8 it. 9 I can't understand why National Traffic 10 Safety Board, and all of the national boards on 11 traffic, can't sit down and come to a conclusion. 12 We've done it here in New York. We're still 13 moving forward. 14 But you know, what? To get this message 15 across, and you just gave an excellent presentation 16 on what we need to do -- 17 CHRISTOPHER A. HART: Thank you. 18 SENATOR LARKIN: -- the question is: Why 19 aren't we doing it at the national level? 20 Is it a dis- -- is it something that the 21 automobile industry says: You're hurting us. 22 People want to be able to do this, and have this? 23 CHRISTOPHER A. HART: There are a lot of 24 reasons behind it, but it -- I described it as a 25 "cultural shift," because it's" very much like 1 drinking-and-driving. 2 I can remember, when I was a kid, you'd see 3 TV shows, and, the drunk person was the life of the 4 party, and everybody laughed at him. And, boy, that 5 was really funny. 6 That's not the culture today. 7 Same way with seat-belt use. It used to be, 8 originally, car makers were afraid to put seatbelts 9 in their cars because they were afraid people would 10 think: Oh, your car is less safe than this car if 11 you put a seat belt in it. 12 But, that was cultural shift as well. 13 And we're still struggling with -- on both of 14 those, with the enforcement and the education. 15 And we need, not only the laws, but the 16 enforcement and the education as well. 17 SENATOR LARKIN: But -- but this is more than 18 that. 19 You know, I am 84 years old. I'm the senior 20 in age. That's all. 21 He's the junior next to me, over there. 22 But here's the point: When do we put 23 something in for parental responsibility? 24 You know, we're saying: You know, John won't 25 like that. 1 And mother says: Well, Ann just needs it, 2 just in case she has to talk to somebody. 3 Come on, get with it! 4 CHRISTOPHER A. HART: From what we -- 5 SENATOR LARKIN: You know, the trouble is, 6 too many parents today want to be friends with their 7 children. 8 Come to my house and see my 17 grandchildren. 9 Sometimes they really don't like the old man, 10 but they respect him, because, I don't use it. 11 And, my oldest one, whose car I bought, I 12 ever catch her using it, I will take it back. And 13 that's in the agreement. 14 But, we need to do this. 15 This is about safety. This is about lives. 16 This weekend, I saw where three people have 17 been killed in an accident in my district. 18 The police stated, that, in the one case, the 19 girl was texting. 20 And in another case, they were looking for 21 something else. 22 You know, we can talk all of this niceties 23 here. 24 The Chairman of this Committee has gone out 25 of his way to cooperate with every effort. 1 I think it behooves you folks at the national 2 level -- 3 It says "National." It doesn't say 4 "New York," "Midwest," "Northeast." 5 -- I think it's going to take some of you 6 folks to sit down, and say: This is a must, so that 7 we can ensure that we don't lose kids. 8 We're losing young men and women on the 9 battlefields, because they decided that they were 10 going to defend this country. 11 But driving a car, using a cell phone, and 12 texting, is a privilege that shouldn't be used in a 13 car. 14 And if we don't take steps at the national 15 level to address this, shame on us, because the next 16 obituary we read may be about one of our own family. 17 And I thank you very much for your comments. 18 I think they're most appropriate, but I want you to 19 you to go that step further. 20 CHRISTOPHER A. HART: Thank you, and I 21 appreciate that. 22 The issue that we're facing, is that, so many 23 people, the vast majority of people, think it's 24 okay. Think, "I can drive okay while I'm talking on 25 the phone." "I can drive okay while I'm texting." 1 That's -- the challenge is, to make people 2 know it's not okay. 3 SENATOR LARKIN: But it -- [unintelligible] 4 influence on the automobile industry? 5 CHRISTOPHER A. HART: I think the entire 6 situation needs to be addressed. That's why we're 7 looking at the big picture -- 8 SENATOR LARKIN: I look, with open arms, 9 hopefully before my next birthday, when I'll pick it 10 up and see, we, as a nation, have come together, to 11 protect those who don't want to be protected by 12 themselves. 13 CHRISTOPHER A. HART: I hope we can see that 14 as well. 15 Thank you very much for your comments. 16 SENATOR FUSCHILLO: Thank you, Senator. 17 Assemblyman McDonough. 18 ASSEMBLYMAN MCDONOUGH: Thank you. 19 And thank you for your testimony, Mr. Hart. 20 You know, these things are part of people's 21 lives now, and they're an appendage, practically. 22 I noticed, in the 20 minutes or so that we've 23 been talking, I looked out into the audience, and I 24 see several people, even as I'm speaking now. 25 Of course, this is something you can't be 1 without. 2 And the law now -- 3 SENATOR FUSCHILLO: Everybody looks kind of 4 guilty now. They just put all their BlackBerries -- 5 ASSEMBLYMAN MCDONOUGH: Right, that's why I 6 figured I'd point them out. 7 Some of them I know. 8 [Laughter.] 9 ASSEMBLYMAN MCDONOUGH: Excuse me, I have a 10 call. 11 [Laughter.] 12 ASSEMBLYMAN MCDONOUGH: But, you know, 13 there's also the bluetooth, because, you'll see 14 signs on the highways in New York State, now, 15 because of laws passed, sponsored by 16 Senator Fuschillo, that says "Hands-Free Only." 17 And, now, when you see those big traffic 18 signs, sometimes it says "Hands-Free Only," it's 19 almost an encouragement: Okay, if you can do 20 hands-free. 21 Now, I can do hands-free on this. And, 22 sometimes, I can just put it in my pocket, and I can 23 still talk and be heard. 24 The problem is, I think, that it's not like 25 talking to a passenger next to you; that, you've got 1 unlimited time to talk. You do get distracted. 2 People with that, or bluetooth, which was the 3 solution to hands-free, they figure: Well, you can 4 do it. 5 I don't know what the solution is, other than 6 education. 7 And, the National Transportation 8 Safety Board, I know you're doing that. And your 9 testimony shows the results of people, and some of 10 those people may have been on hands-free, but, you 11 are distracted. 12 Unless we can -- and this is a radical, 13 radical solution, but, unless automobile 14 manufacturers could put some device in the car that 15 blocks any signals, that would be the only total 16 enforcement you could do. You know the technology 17 is there, they could do it. 18 Then people would have to pull over to make a 19 call. 20 I think the thing that you have to do, and I 21 guess you're doing it, in reading some of the 22 material here, is education. 23 And we have to start in the schools; in 24 meetings in the schools. And we have to show the 25 very dangers of talking on the phone. 1 I've participated in many forums in schools, 2 where we talk about, with law-enforcement officers, 3 district attorneys, showing them some videos of 4 drinking-and-driving accidents, and the lives they 5 cost. 6 I think maybe that's one of the things we 7 have to do. 8 But, it's very difficult, when you're 9 driving, for somebody not to be, as the Senator 10 said, even on an iPad, looking at that. 11 It's so convenient, it's so easy, and all of 12 that; and, you stop at a light, or -- how many times 13 have you been at a traffic light, and the guy in 14 front of you, the light turns green, and you have to 15 blow the horn to get him off the phone, or 16 something, so he sees that the light is green? 17 So, whatever suggestions you can come up 18 with, I guess, short of the automobile manufacturers 19 equipping their cars with such a device, which would 20 be, you know, total. 21 Education; I think you agreed that education 22 is the most important part? 23 CHRISTOPHER A. HART: Well, it's one of 24 three. I don't know if I'd say "most important," 25 but it certainly is crucial, along with enforcement 1 and the laws themselves, yes. 2 ASSEMBLYMAN MCDONOUGH: Okay, but the law, to 3 make -- we can increase the law to say that, 4 hands-free also. But, the enforcement is the thing, 5 as Senator Fuschillo mentioned, it's very difficult, 6 and it costs lives. 7 Well, thank you. 8 SENATOR FUSCHILLO: Thank you very much. 9 Senator Diaz. 10 SENATOR DIAZ: Thank you, Mr. Chairman. 11 Good morning, Mr. Hart. 12 To talk in a cell phone is against the law, 13 so, there are laws that say I cannot speak while 14 driving. 15 When I'm driving, my cell phone rings, I go, 16 "Hello," while I'm driving. So, that is 17 distracting. 18 Sometimes I go to the coffee shop, and I buy 19 me a sandwich, and a coffee. Hot coffee. Real hot 20 coffee. 21 So, I put my sandwich, here; and my hot 22 coffee, here; and I'm driving. 23 And I go, getting my sandwich, getting a 24 bite, putting it back, while driving. 25 Then I try to find my hot coffee; and I go: 1 [Demonstration: Picks up a cup, blows on 2 cup, drinks from cup, makes scrunching facial 3 expression]. 4 So that is okay. Nothing is done against 5 that. 6 So, I'm asking you, what will be -- to your 7 knowledge, and according to you, what is more 8 distractive: 9 Just to say, Hello, how are you doing? 10 Or to go through all those motions that I 11 just did? 12 CHRISTOPHER A. HART: First, and foremost, we 13 are an agency that investigates accidents, so, we go 14 to where the accidents take us. 15 Where the accidents are taking us now, is 16 that we're seeing a lot of distraction from PEDs. 17 If we saw a lot of distraction from people 18 drinking hot coffee, we would address that 19 accordingly. 20 But, right now, we're seeing, not only the 21 distraction, but also the increasing penetration of 22 PEDs into the population. 23 Plus, the research that shows that it's very 24 common, as Senator Fuschillo mentioned, that you can 25 be looking at your cell phone for four or 1 five seconds without giving it a second thought. 2 You didn't look at your coffee for four or 3 five seconds, but you're looking at your cell phone 4 for four or five seconds. 5 SENATOR DIAZ: I think that if you really 6 look at what I'm telling you, I take more time in 7 looking at my coffee and my sandwich -- 8 CHRISTOPHER A. HART: If we see more 9 accidents on that, we'll go right after it. 10 SENATOR DIAZ: -- [unintelligible] than 11 getting my phone. 12 I mean, it took, to look at the sandwich, to 13 take a bite, and to put it back; and then look at 14 the coffee, and start sipping the coffee, I believe 15 that it's dangerous, not only to speak on the phone, 16 but I think that you compare the two of them. 17 CHRISTOPHER A. HART: I agree, completely, 18 that any distraction is dangerous. 19 We're focusing on this one, because it's an 20 emerging trend that is worrisome, and we're trying 21 to stop the trend before it gets worse. 22 But, any distraction is bad. 23 SENATOR DIAZ: Just trying to comment on what 24 I think that we are -- that we have been 25 overlooking. 1 And, if you're talking about safetiness [sic] 2 while driving, you got to look into every single 3 issue that could be there. 4 And I know that, people that eat -- and who 5 are eat and drink while driving will get angry at 6 me. 7 But I think that you are the 8 National Transportation Safety Board advisers. You, 9 the chairman, should look into that thing. 10 So, I appreciate you coming to 11 New York State. 12 Thank you. 13 CHRISTOPHER A. HART: Thank you for having 14 me. 15 SENATOR FUSCHILLO: Mr. Hart, thank you very 16 much. 17 And, my colleagues bring up some very serious 18 issues and comments, but I think what's lost here, 19 is that: The car has become the home. The car has 20 become the office. The car has become the 21 playground. The car has become everything. 22 And as Senator Diaz had said, people are 23 eating in their car. 24 And as Assemblyman McDonough talked about, 25 distractions in cars, and other things that came up. 1 People use it for their office. They're 2 traveling salesmen or saleswomen -- salespersons. 3 Driving -- and the commissioner of DMV will 4 be testifying next. 5 Driving in New York City is a privilege. 6 It's not a given right here in New York State, as it 7 is in other states as well. 8 And you had mentioned these -- you know, 9 these words in your statement, when you concluded: 10 It's a cultural change, to focus. 11 Essentially, what you're saying, it would be 12 a cultural change to focus on the sole 13 responsibility that you have behind -- when you get 14 in that car, and that's driving, and following the 15 laws here in New York State. 16 And, you know, it almost sounds like an 17 absurd comment when you make this -- I make these 18 statement, you make these statements, that it's a 19 cultural challenge to focus on what we should be 20 doing behind the wheel, rather than eating or 21 drinking or talking on the phone or doing our work 22 at red lights, or whatever it is. 23 There's a responsibility to follow the laws 24 here in New York State. 25 And the real question is: Are they strong 1 enough? 2 Do they give law enforcement the necessary 3 tools that are necessary? 4 Is the education requirement strong enough? 5 And it's not just for young individuals. For 6 young and middle-aged and older alike. 7 I mean, do we really have to take a look at 8 that, as we educate individuals here in 9 New York State? 10 So, I want to take this opportunity to thank 11 you for coming to New York, and thank you for your 12 testimony. 13 CHRISTOPHER A. HART: Thank you very much for 14 having me, and we look forward to working with you. 15 If we can help in any way, as you go through 16 the legislative process, we'd be happy to do that. 17 SENATOR FUSCHILLO: Thank you very much. 18 CHRISTOPHER A. HART: Thank you. 19 SENATOR FUSCHILLO: Commissioner Fiala, 20 New York State Department of Motor Vehicles; and, 21 also, Chair of the Governor's Traffic Safety 22 Committee. 23 Good morning, Commissioner. 24 COMMISSIONER BARBARA FIALA: Good morning. 25 Thank you very much. 1 Thank you, Senator Fuschillo, for inviting me 2 here today, and for conducting this hearing on such 3 an important topic. 4 My name is Barbara Fiala. 5 And, in addition to serving as the 6 Commissioner of Motor Vehicles, I also chair the 7 Governor's Traffic Safety Committee, which is 8 comprised of 12 state agencies with missions related 9 to highway safety. 10 Under Governor Cuomo's leadership, 11 New York State has been at the forefront of 12 combating distracted driving. 13 I am pleased to discuss the issue of 14 distracted driving, and share what the Department of 15 Motor Vehicles and the Governor's Traffic Safety 16 Committee are doing to address this serious 17 highway-safety issue. 18 In New York State, at least one out of 19 five crashes has driver in-attention listed as a 20 contributing factor. 21 Distractions have been a part of driving 22 since the beginning of time. 23 Drivers can be overwhelmed with visual, 24 manual, and cognitive distractions which cause them 25 to take their eyes, hands, or minds away from the 1 driving task at hand. 2 So, why are so many of us now focusing on 3 electronic devices, such as cell phones? 4 The reason is, that cell-phone use in the 5 United States has exploded. 6 According to the Cellular Telecommunication 7 and Internet Association, minutes of use surged, 8 from 195 billion in June of 2000, to more than 9 1.1 trillion in June of 2008, and the numbers 10 continue to grow. 11 The cellular telephone or smartphone use is 12 certainly the biggest challenge in our fight to curb 13 distracted driving, and is why U.S. DOT 14 Secretary LaHood refers to this as a 15 "deadly epidemic." 16 We know that public education, coupled with 17 law enforcements, are effective ways to help combat 18 this dangerous driving behavior. 19 I want to commend the Governor for 20 strengthening the efforts of law enforcement by 21 making texting while driving a primary offense. 22 In addition, the Department of Motor Vehicles 23 now assigns 3 points to a motorist's license record 24 for violations involving the improper use of 25 cell phones and other portable electronic devices. 1 In announcing these changes, Governor Cuomo 2 said, "It's plain and simple: Distracted driving 3 leads to tragedies that have affected families all 4 across New York. 5 "This new law will help ensure that drivers 6 help keep their eyes on the road and their hands on 7 the wheel." 8 Because of these changes, we currently have 9 one of the strongest anti-distracted-driving laws in 10 the country. 11 This is no surprise, as being first in the 12 nation is nothing new to New York. 13 New York was the first in the country to 14 adopt a statewide ban on hand-held cell phone use 15 while driving, and has the nation's strongest 16 "driving while intoxicating" [sic] laws. 17 Because of our record of being first in the 18 nation in traffic safety, the GTSC applied for, and 19 received, a federal administration project grant 20 from the National Highway Traffic Safety 21 Administration, to test the High Visibility 22 Enforcement Model in a project targeted to -- at 23 distracted driving. 24 The project, which was conducted in Syracuse, 25 lasted for one year, and consisted of four targeted 1 enforcement waves, combined with an aggressive 2 public-awareness campaign. 3 Syracuse was one of only two cities in the 4 country to take part in the project, which was 5 conducted under the theme, "Phone in One Hand, 6 Ticket in the Other." 7 During the project, more than 9,500 tickets 8 were issued in Syracuse, and cell phone use and 9 texting while driving decreased by 32 percent. 10 GTSC is prepared to respond to the 11 availability of another NHTSA grant that will allow 12 us to expand this type of project to additional 13 geographic areas. 14 The effort in Syracuse was modeled after 15 previous successful campaigns aimed at curbing 16 impaired driving and increasing seat-belt use among 17 drivers. 18 As an example: In the fall of 1985, just 19 before the seat-belt law took effect, seat-belt 20 usage in New York State was about 46 percent. 21 Through education and enforcement, our 22 compliance rate is now 90 percent. 23 Achieving similar compliance results and 24 decreasing the incidents of illegal distracted 25 driving required increased education, as well as 1 stepped-up enforcement. 2 With regards to our efforts in education, the 3 Department recognizes the particular need to prepare 4 our young drivers for a lifetime of safe driving. 5 As part of our effort in that area, we 6 launched a website, and dedicated it entirely to 7 issues facing teen drivers and their parents. 8 It contains information on the 9 Graduated Driving laws, and how to apply for a 10 license; sections on education and safety, including 11 distracted-driving issues; and even a practice 12 exams. 13 The Governor's Traffic Safety Committee also 14 hosts a Young Driver's Traffic Safety Tool Kit on 15 their website, which contains resources for parents, 16 teens, educators, and law-enforcement officers, 17 including multiple resources on distracted driving. 18 In October of 2010, we released a series of 19 videos for teens that were filmed at a local 20 high school, and featured teen drivers. 21 The video addresses several relevant topics, 22 including distracted driving. 23 We have found that teens listen to their 24 peers more than they listen to adults, and this 25 avenue is just one way that we are trying to raise 1 awareness about good traffic-safety behavior. 2 The videos have been distributed to schools 3 across the state, and are also posted on the 4 "Younger Driver" website and the Department's 5 YouTube site. 6 The Governor's Traffic Safety Committee also 7 partnered with the Ford Driving Skills for Life 8 Program in 2011, at three New York high schools. 9 These day-long programs allowed students to 10 navigate a special test course in a safe and 11 structured environment, while being distracted by 12 peers, phones, or other items other than the 13 vehicle. 14 More than 2,000 students took part in these 15 activities. 16 GTSC also providing a grant to fund 17 25 speaking engagements at high schools this year, 18 by a victim of a tragic distracted-driving crash. 19 In addition, the Governor's Traffic Safety 20 Committee awards grants of millions of dollars 21 annually to law enforcement agencies, to enforce 22 distracted-driving laws as a part of 23 Selective Traffic Enforcement Program. 24 We believe these enforcement grants, coupled 25 with grants awarded to traffic-safety boards and 1 other highway-safety organizations, are the key 2 ingredients to driving down the distracted-driving 3 crash and injury numbers. 4 With more than 5,500 deaths, and more than 5 440,000 injuries, nationwide, each year, we know we 6 have a long way to go, in not only educating the 7 motoring public, but in changing their driving 8 behaviors. 9 The Department of Motor Vehicles and the 10 Governor's Traffic Safety Committee remain committed 11 to the mission of lowering deaths and injuries 12 caused by cell-phone use, texting while driving, and 13 other distracted-driving behaviors. 14 And we look forward to working with the 15 Governor, members of the Legislature, the 16 National Highway Traffic Safety Administration, law 17 enforcement, and others, to make that happen. 18 Again, thank you for the opportunity to speak 19 with you on this very important topic. 20 [Senator Diaz leaves the hearing room.] 21 SENATOR FUSCHILLO: Commissioner, thank you 22 very much. 23 We appreciate you taking the time, and your 24 leadership on this issue. 25 Are we peaking? 1 And what I mean by that is, when I look at 2 DMV's statistics of accident-contributing factors, 3 it shows cell-phone use and driver-distraction 4 statistics at about, 50,000 crashes, total 5 accidents, in 2010. 6 Are we at a peak level, where we're coming 7 down, based on previous years? 8 Or, do you see this as an issue that is 9 continuing, and problematic? 10 COMMISSIONER BARBARA FIALA: With the 11 distracted-driving issue? 12 SENATOR FUSCHILLO: Yes. 13 COMMISSIONER BARBARA FIALA: Well, you know, 14 as previous testimony said, a lot has to do with 15 education. And I think that's been a main focus of 16 our projects, and GTSE. 17 The pilot program that was the grant, with 18 Syracuse being only one of two cities, was very 19 effective. 20 Enforcement, and I know 21 Superintendent D'Amico is going to speak after us. 22 In educating the young people, there's all 23 types of distracted driving, as Senator Diaz spoke 24 to, but I think, educating. 25 And it's now, also, we're putting them on the 1 five-hour course for pre-licensing education. 2 Education and enforcement; and, hopefully, 3 that will help us to bring those numbers down. 4 David, I don't know if you have any 5 particular statistics that you would like to add. 6 SENATOR FUSCHILLO: I mean, in 2010, it 7 looked, distracted driving and cell phone, what was 8 reported, accident-contributing factors was over 9 50,000, just in 2010. 10 Are we on a -- I mean, I'm sure 2011 11 statistics aren't completed yet, but, previous 12 years, are we still rising and rising and rising, 13 with, as the Commissioner talked about, the number 14 of minutes? 15 I mean, it's staggering in the use of 16 cell phones. 17 Are the numbers still climbing, as 18 contributing factors? 19 DAVID: I don't think the statistics, at this 20 point, have allowed us to conclude as to whether or 21 not -- 22 ASSEMBLYMAN MCDONOUGH: It's on. 23 SENATOR FUSCHILLO: I can hear you. 24 DAVID: Can you hear me? 25 SENATOR FUSCHILLO: It's not a bright light, 1 so you just need push it once. 2 COMMISSIONER BARBARA FIALA: It's on. 3 Here, you can use this. 4 DAVID: I don't think the statistics, to this 5 point, have told us whether we have reached a peak 6 or not. 7 SENATOR FUSCHILLO: Okay. 8 DAVID: There's uncertainty in -- on this. 9 The number of cell phones being used, 10 statewide, continue to increase. 11 SENATOR FUSCHILLO: Right? 12 DAVID: I'm not sure that we could say, at 13 this point, that we've reached that peak. 14 And as the Commissioner indicated, our 15 primary concern is -- is education, in order that we 16 can begin to change behaviors, and to help people to 17 recognize that it is a danger to be distracted by 18 using a cell phone in the car. 19 SENATOR FUSCHILLO: And that was one of the 20 components of the recommendations from the 21 National Transportation Safety Board, about, 22 elevating educational requirements and awareness 23 here. 24 And, Commissioner, you're doing it. 25 Obviously, it's on a limited basis. 1 And, since this is not a budget hearing, we 2 could talk about budgetary issues, if more manpower 3 is needed to get this across. 4 But, I appreciate your testimony. It's very 5 important to us, as we go forward. 6 Any of my colleagues have any, questions, 7 comments? 8 SENATOR LARKIN: I have one. 9 SENATOR FUSCHILLO: Senator Larkin. 10 SENATOR LARKIN: First of all, I bring you 11 warm regards from two of your former colleagues -- 12 SENATOR FUSCHILLO: And who is that? 13 SENATOR LARKIN: -- Donna Benson, in 14 Orange County, clerk; and Nina Postapec [ph.]. 15 I got that spelling right. 16 COMMISSIONER BARBARA FIALA: Thank you. 17 SENATOR LARKIN: One thing you said here, is 18 that, the Governor's Traffic Safety Committee is -- 19 is, what -- 20 Cataract surgery, don't get it. 21 -- you're going to provide grants to fund 22 25 speaking engagements in high school this year. 23 How, where, and when, can we find out the 24 details of it? 25 COMMISSIONER BARBARA FIALA: I certainly can 1 make sure that you get it, Senator. 2 I don't have that information right with me, 3 right now. 4 SENATOR LARKIN: But, I think it's an 5 excellent idea. 6 And I think the idea that you're going to 7 have it by a victim of a traffic distraction-driving 8 crash, I think that that will bring focus. 9 Because, you know, young people look at 10 that -- and, sometimes, as you said in your 11 preparation, that they listen to peers more than 12 they do their parents. 13 I thank you for doing this. 14 I really would like to get it into my area. 15 COMMISSIONER BARBARA FIALA: Unfortunately, 16 Senator, they surely do listen to their peers, more. 17 And that's why a lot of the literature that 18 we are producing is geared to that. There are, 19 YouTube, on the website. 20 And, there's just a lot of information. 21 But, my personal feeling is, as a mother 22 and -- a grandmother of a new driver, that that 23 education is very important. That they -- that we 24 start them at the beginning. 25 We all talked about, we all survived without 1 it, prior. 2 But -- and it's relatively new. 3 Like, when the seat-belt law came about, it 4 took a while to change behavior of the public. 5 And, it just boggles my mind how some of the 6 things, they can actually text and drive. 7 So -- but, I feel that that's a major 8 component, is to get them early. 9 Educate. 10 And you'll be surprised that there's a lot of 11 people, we're all very familiar with the law, and 12 what has been, but, a lot of people are not, because 13 it is fairly new. 14 But, I appreciate what had -- what took place 15 last year, like, by giving law enforcement the tools 16 [unintelligible] primary offense. 17 Also, 3 points. 18 SENATOR LARKIN: Very good. 19 COMMISSIONER BARBARA FIALA: And these are 20 also things that everybody needs to be commended for 21 doing. 22 And, education, and enforcement, are a big 23 key. 24 SENATOR LARKIN: In your statement, that they 25 listen to grandparents, yes. 1 We have 17 grandchildren. 2 SENATOR FUSCHILLO: Thank you, 3 Senator Larkin. 4 Assemblyman McDonough. 5 ASSEMBLYMAN MCDONOUGH: Thank you, 6 Commissioner. And, thank you for being here. 7 I noticed in your testimony, which I was 8 interested, number one: You said that you've 9 released a series of videos which have been 10 distributed to high schools throughout the state. 11 COMMISSIONER BARBARA FIALA: Uh-huh. 12 ASSEMBLYMAN MCDONOUGH: There's several 13 videos? 14 COMMISSIONER BARBARA FIALA: Uh-huh. 15 ASSEMBLYMAN MCDONOUGH: And -- 16 COMMISSIONER BARBARA FIALA: Well, it's 17 one -- one -- 18 ASSEMBLYMAN MCDONOUGH: One? Okay. 19 COMMISSIONER BARBARA FIALA: -- one message. 20 ASSEMBLYMAN MCDONOUGH: Could you tell me, 21 are they long, or, are they ten minutes? 22 Or -- I mean, something that could be used 23 easily? 24 I would like to get a copy of that, because, 25 as I said on the previous speaker, we do programs in 1 schools on distract -- mainly, drunk driving. 2 And this would be something that would be 3 very helpful. 4 COMMISSIONER BARBARA FIALA: I would gladly 5 get you a copy. 6 But, I was just told, that are five -- it's 7 five minutes. It's a five-minute video. 8 ASSEMBLYMAN MCDONOUGH: Great. 9 And you've seen the videos? 10 COMMISSIONER BARBARA FIALA: Yes. 11 ASSEMBLYMAN MCDONOUGH: Do they at all in the 12 videos, show the results sometimes? A tragic crash, 13 or something -- 14 COMMISSIONER BARBARA FIALA: It does. 15 ASSEMBLYMAN MCDONOUGH: Good. 16 COMMISSIONER BARBARA FIALA: It does. 17 It -- 18 ASSEMBLYMAN MCDONOUGH: All right, if you 19 could provide that -- 20 COMMISSIONER BARBARA FIALA: It really is 21 geared to the message of the teen driver. 22 ASSEMBLYMAN MCDONOUGH: If you could provide 23 that, I'd appreciate it. 24 And the other thing is, as Senator Larkin 25 mentioned, the speaking engagements, where you -- 1 these grants to have speaking engagements, where a 2 victim is sometimes, more information on that? 3 I guess I could look on the Governor's 4 website. 5 COMMISSIONER BARBARA FIALA: Because they 6 deal with actual victims, and I think that's a 7 powerful message. 8 ASSEMBLYMAN MCDONOUGH: Yes, right. We've 9 done that in drunk-driving programs as well. 10 So, it is a very distracting thing, and it's 11 growing. And the numbers you have are shocking. 12 So, thank you very much for being here, and 13 for what you're trying to do. 14 COMMISSIONER BARBARA FIALA: Thank you very 15 much. 16 SENATOR FUSCHILLO: Commissioner, thank you 17 for your testimony, and I look forward to working 18 with you and your staff. 19 COMMISSIONER BARBARA FIALA: Thank you, 20 Senator. 21 SENATOR FUSCHILLO: Thank you very much. 22 Joseph D'Amico, superintendent, 23 New York State Police. 24 SUPERINTENDENT JOSEPH A. D'AMICO: Good 25 morning. 1 I'm Joseph D'Amico, superintendent of the 2 New York State Police. 3 I'd like to begin by thanking 4 Senator Fuschillo and the Committee for this 5 invitation to testify regarding the law-enforcement 6 perspective on distracted driving, and to share with 7 you some insight which I hope will assist you in 8 your efforts to further improve the safety of 9 New York's roads and highways. 10 The impetus of today's hearing, the NTSB 11 recommendation for all states to adopt laws which 12 ban all use of personal electronic devices while 13 driving, deserves careful consideration, and I'm 14 pleased that this Committee is taking a proactive 15 response to the issue of driver distraction and its 16 impact on traffic safety. 17 How big an issue is distracted driving? 18 While it's certainly not the only issue 19 impacting traffic safety, quite frankly, I consider 20 it "the" issue in traffic safety for today, and the 21 foreseeable future. 22 Electronic devices have become part of our 23 very lifestyles, and these lifestyle changes can 24 have deadly effects when they take precedent over 25 other responsibilities, such as driving. 1 There is a segment of our society today 2 that's so accustomed, or, perhaps, even addicted, to 3 using their smartphones, cell phones, and other 4 devices, that these electronics have become a 5 central part of their lives 24/7. 6 As the father of teenagers, I see it daily. 7 Texting has become synonymous with talking. 8 And very often, I spot one of the kids 9 reading or sending text discreetly at the dinner 10 table in violation of house rules. 11 Phone discipline and house rules are strictly 12 enforced there. 13 That's precisely what's required if we intend 14 to reduce the incidents of distracted driving. 15 Discipline by drivers and strict enforcement, 16 statewide, is critical. 17 Do the recommendations of the NTSB to ban all 18 use of electronic devices, hand-free or not, while 19 driving make sense for New York? 20 Time will tell. 21 Certainly, our youngest drivers need to 22 understand, that while behind the wheel of an 23 automobile, driving safely is the only thing that 24 matters. 25 Driver inexperience, in and of itself, limits 1 the ability of our youngest drivers to perceive 2 potential dangers that they are about to encounter. 3 Two hands on the wheel and their attention on 4 the road are essential to traffic safety and to 5 developing lifelong good driving skills. 6 Any distraction should be minimized for 7 junior operators, and we need significantly more, in 8 the way of education, to reinforce this concept. 9 But, then, what about other drivers? 10 Is it any safer for other drivers to be using 11 phones or laptops? 12 Probably not. 13 They may be more experienced drivers, but 14 many of us are significantly less adept at using 15 microelectronics than our children, so the hazards 16 exist at any age. 17 So what could be done? 18 Law enforcement is one of the critical 19 elements in all of this, especially in traffic 20 safety. If, and how, laws are enforced ultimately 21 determines if they have their intended safety 22 benefits. 23 Therefore, as you consider new traffic laws, 24 it's imperative that you consider the enforceability 25 of these statutes. 1 Ultimately, the trooper, deputy, or officer 2 on the road must be able to clearly recognize and 3 articulate a violation of the law. 4 Regardless of how well-intended a law may be, 5 the easier it is to recognize the prohibited 6 behavior, the better it will be enforced, and 7 therefore obeyed. 8 So, in the context of electronic devices 9 while driving, even though research suggests that 10 drivers are distracted by the conversation, not just 11 the dialing or holding of the phone, how enforceable 12 is a ban on the use of hands-free communications? 13 How well can a police officer recognize and 14 articulate that a driver was engaged in this 15 conduct, versus a discussion with a passenger in the 16 car, singing to a song on the radio, or even talking 17 to themselves? 18 In addition, for a law to be well enforced, a 19 police officer must be authorized, by law, to stop a 20 vehicle for that violation alone. 21 We know from our own legislative history, 22 regarding portable electronics, and a long 23 legislative history concerning seat-belt laws in 24 other states, that secondary laws don't work well. 25 They convey to law enforcement and the public 1 alike, that the prohibited behavior either is not 2 that important or not that dangerous. 3 As a result, they are under-obeyed, 4 under-enforced, and they underachieve. 5 When Governor Cuomo signed the new Hand-Held 6 Electronic Devices Law last summer, removing the 7 secondary enforcement provisions, a significant 8 impediment to enforcement was removed. 9 As a result, State Police enforcement of 10 texting laws in the second half of last year more 11 than doubled versus the first six months. 12 And, I'm confident we can do much more. 13 New York State has been a national leader in 14 the area of distracted driving for many years, due 15 to our willingness to respond proactively to the 16 threats we face, and to learn from our experiences. 17 We were one of only two states selected by 18 the National Highway Traffic Safety Administration 19 to participate in a pilot project, to demonstrate 20 the effectiveness of high-visibility enforcement on 21 handheld-phone use. 22 The findings of that national pilot, were 23 that, high-visibility enforcement, combined with 24 effective public awareness, can reduce phone use and 25 texting while driving. 1 That project, which was conducted in the 2 city of Syracuse, and coordinated by the 3 Governor's Traffic Safety Committee, was awarded 4 largely because of the demonstrated commitment and 5 cooperation of our law-enforcement agencies to 6 traffic safety. 7 I would like to formally thank the 8 Governor's Traffic Safety Committee, and its 9 director, Chuck DeWeese, not only for their 10 leadership and support of that pilot project, but 11 for their continued support, which allows the 12 State Police to implement the technologies and 13 lessons learned from that project. 14 It's the implementation of those findings 15 that's allowing us to better safeguard New York's 16 roads and highways, now, and in the future. 17 One of the things we learned from 18 participation in the pilot project, was that the 19 New York State Police was not optimally equipped to 20 enforce distracted-driving laws. 21 In response, I ordered the limited use of 22 covert SUVs, to target drivers who text or use other 23 portable electronic devices while driving. 24 The SUV platform provides a higher stance 25 from which troopers can see the hand-held devices, 1 and these concealed-identity traffic-enforcement 2 vehicles are outfitted with covert lighting, which 3 allow them to operate inconspicuously in traffic, 4 but are extremely noticeable when the lights are 5 activated. 6 Their design resulted from lessons learned in 7 Syracuse, where unmarked SUVs, employed by local 8 agencies, proved highly effective at detecting 9 violators. 10 Troopers employing these new vehicles, built 11 specifically with this enforcement in mind, have 12 been ten times more effective at enforcing traffic 13 laws in general, and fourteen times more effective 14 at enforcing phone and texting laws, than troopers 15 operating standard patrol cars. 16 We're presently deploying more of these 17 vehicles to better equip our troopers statewide. 18 But this experience has demonstrated that 19 effectiveness in enforcing distracted-driving laws 20 requires significant dedication of resources. 21 We've been fortunate that the support of the 22 Governor's Traffic Safety Committee has allowed us 23 to implement innovations, and to dedicate resources 24 that we would not otherwise have. 25 While NTSB is exerting federal leadership by 1 asking states to adopt more restrictive 2 distracted-driving laws, and conduct high-visibility 3 enforcement of those laws, such recommendations 4 would be far more effective if they were coupled 5 with the funding necessary to make that happen. 6 The "Click It or Ticket" high-visibility 7 model, which has successfully raised seat-belt use 8 to unprecedented levels, was coupled with millions 9 of federal dollars for enforcement and public 10 awareness. 11 In addition, although NTSB and other safety 12 organizations have recommended bans on all use of 13 phones and portable devices, research has determined 14 that it's is not the device, but the mental 15 attention needed to communicate through it, that 16 underlies the danger. 17 From a safety standpoint, and as engineers 18 continue to build everything, from navigation 19 systems, to bluetooth communications, to 20 Internet-enabled smartphones, into their 21 automobiles, they may not be improving safety as 22 advertised, but, rather, enabling driver 23 distractions. 24 I'm not convinced that a driver accessing 25 their social-media account on a 9-inch screen built 1 into the dashboard is any less hazardous than one 2 holding a cell phone. 3 It may be time that the National Highway 4 Traffic Safety Administration employ its regulatory 5 responsibility for automotive safety, to prohibit 6 certain technologies, rather than just requiring 7 safety equipment, such as seatbelts and airbags. 8 That being said, there may be additional 9 legislative opportunities that could have the effect 10 of dissuading drivers in New York State from using 11 electronic devices. 12 Consideration could be given by the Committee 13 to topics, such as, the impact of distracted driving 14 on, young, and experienced, drivers; distractions as 15 they related to causal factors for crashes; and the 16 methods of adjudication and plea bargaining utilized 17 across the state for motorists charged with 18 distracted-driving offenses. 19 While distracted driving is an important 20 issue of concern, achieving traffic safety is a 21 comprehensive endeavor. 22 Impaired driving, speeding, aggressive 23 driving, and a myriad of other dangerous behaviors 24 are also commonplace on our roads and highways 25 daily, and public protection from those behaviors 1 rests solidly on the shoulders of law enforcement. 2 In addition, law enforcement has a broad 3 range of responsibilities competing for our time and 4 attention, including violent crime, drugs, gangs, 5 homeland security, and the list goes on and on. 6 Achieving safety takes commitment, but there 7 must be a continual balance of duties and 8 priorities, given everyone's limited resources. 9 As you consider the recommendations regarding 10 use of electronic devices while driving, consider, 11 too, that the National Transportation Safety Board, 12 last month, also endorsed the 2012 Roadmap to State 13 and Highway Safety Laws, by the Advocates for 14 Highway and Auto Safety, which rates the states 15 based upon the effectiveness of its laws to achieve 16 traffic safety. 17 That report ranks New York State number one 18 in the nation in its legislative effectiveness. 19 That's a considerable achievement, and a 20 testament to your commitment to enacting effective 21 laws. 22 I assure you that the New York State Police 23 will continue our efforts, by enforcing those laws, 24 to make New York's roads and highways as safe as 25 possible. 1 Thank You. 2 SENATOR FUSCHILLO: Thank you very much, 3 Superintendent, and I appreciate your willingness to 4 take the time, and your testimony, which is clearly 5 succinct and to the point. 6 I'd asked the Commissioner of DMV, based on 7 the statistics that I've seen on their website, of 8 the number of accidents and contributing factors 9 towards distracted driving, and cell-phone use and 10 texting: Are we at a peak? Are we on downturn? -- 11 with the laws we have, the enforcement ability. 12 And, I do thank the members of your 13 department for their work as well. 14 SUPERINTENDENT JOSEPH A. D'AMICO: I don't 15 know that we're at a peak. 16 I'd have to agree with Mr. Sampson, when he 17 says that, you know, the use of phones and 18 electronic devices is actually increasing. 19 So, we may not be at the peak. 20 What we are -- what I do believe, is that, 21 distracted driving, as it relates to these hand-held 22 devices, is probably underreported. 23 I mean, we get a very good accounting when we 24 have serious injury and death. 25 But, for minor traffic accidents, oftentimes, 1 it's never known that distracted driving is a cause. 2 SENATOR FUSCHILLO: Now, what tools do you 3 need from the State, from the Legislature? 4 Are you looking for -- I understand the 5 educational enhancement is critically important, and 6 I agree with you on that. 7 And, Commissioner Fiala appropriately talked 8 about, how, when the seat-belt law, back in the 9 '80s, there was so much resentment against that. 10 But, now, the compliance rate is over 90 percent. 11 You know, time takes. 12 And you heard the National Transportation 13 Safety Board, Mr. Hart, talk about a cultural 14 change, and that's what it takes. 15 It's -- I mean, people are obsessive with 16 their cell phones, as you know, and all of the other 17 PEDs. 18 But, what tools, if necessary, would help the 19 State Police Department? 20 SUPERINTENDENT JOSEPH A. D'AMICO: Well, I 21 agree with the testimony that you heard earlier. 22 I mean, you know, drunk driving took a long 23 time, from the '70s, until we really had a good 24 grip on it in the '80s, through enforcement, 25 through education programs, by organizations like 1 Mothers Against Drunk Driving. 2 SENATOR FUSCHILLO: Right. 3 SUPERINTENDENT JOSEPH A. D'AMICO: Seatbelts, 4 the same thing. We started very heavily, you know, 5 in the '80s, and it took well over ten years until 6 we achieved that success rate. 7 And I think that we're looking at the same 8 thing here. 9 I think we need good public-education 10 campaigns. 11 I think that, you know, starting with 12 inexperienced new drivers, and our youth, is a very 13 important place to go. 14 You know, just from State Police statistics 15 in 2010, drivers under 21 make up 9.8 percent of the 16 New York licensed drivers. 17 But, of accidents investigated by the 18 State Police in 2010, where distracted driving was a 19 cause, 25 percent were under 21. 20 So, I think, you know, our younger and 21 inexperienced drivers prevent -- present even a 22 bigger problem for us. 23 We do a lot of education in the high schools 24 as well. 25 We've teamed up with an insurance company 1 that has a simulator in Western New York. We're 2 visiting the high schools, and doing driving and 3 texting simulation. And, it really is eye-opening. 4 You know, we've realized, just in-house, that 5 we weren't able to do effective enforcement using 6 marked vehicles, which is something that the 7 State Police has relied on for many years. 8 SENATOR FUSCHILLO: Right. 9 SUPERINTENDENT JOSEPH A. D'AMICO: So, we're 10 now changing our ways, to adapt, as I said earlier, 11 through the use of unmarked SUVs. 12 You know, I think it all comes down to 13 persistent education, persistent public-awareness 14 campaigns, and effective enforcement. 15 You know, the only other thing I would say, 16 is that we need to focus on, kind of, the results of 17 our enforcement. 18 You know, as you said earlier, you know, we 19 issued well over 1,000 summonses in each month, in 20 2011, after the law was passed. 21 But, you know, what's the result of these 22 summonses? 23 Are they being plea bargained down in local 24 courts? 25 You know, if you're issued a summons, that 1 should result in 3 points. 2 The point system is meant to take dangerous 3 drivers off the road, and to identify dangerous 4 drivers. 5 If we're plea bargaining down to violations, 6 even non-moving violations that don't have points, 7 in their disposition, then we're never learning who 8 our dangerous drivers are. 9 And judges who see them as repeat drivers are 10 never aware that they have a bad driving record. 11 SENATOR FUSCHILLO: And I appreciate that 12 comment. 13 And, that comment led to Leandra's Law, which 14 made it mandatory for the ignition-interlock system. 15 And, you're absolutely right; what are the 16 results of your efforts? 17 And, if the results of your efforts are to 18 non-moving violations, then it's really hurtful to 19 what you're doing, and your members are doing on a 20 daily basis. 21 And that's something that we have to look 22 into as we progress with this issue. 23 So, I appreciate your work and testimony, and 24 I look forward to working with you, as we gather 25 more testimony from individuals, and see how, what 1 we're going to do as a legislative body, to further 2 combat this serious issue. 3 Assemblyman McDonough. 4 ASSEMBLYMAN MCDONOUGH: No. 5 Thank you very much, Superintendent. 6 SENATOR FUSCHILLO: Okay. 7 ASSEMBLYMAN MCDONOUGH: It's very, very 8 interesting. 9 SENATOR FUSCHILLO: Senator Larkin. 10 SENATOR LARKIN: Good morning. 11 SUPERINTENDENT JOSEPH A. D'AMICO: Good 12 morning, Senator. 13 I think the item you said -- two or three 14 times, you said "education." 15 This past weekend, I had an opportunity to be 16 at West Point, and meeting with old friends. 17 You know? 18 Some of them were young lieutenants, and now 19 they're retired three stars, and I've only got an 20 eagle. 21 But I talked about this. 22 One of the things one of the generals said to 23 me: You know, Billy, you have to remember, at that 24 [unintelligible] station, I was God. 25 And I thought back. 1 And [unintelligible] if I got -- if you got 2 caught smoking, driving a government vehicle, I also 3 took your license away from driving your privately 4 owned vehicle. 5 And the uproar was, and I said "Take the bus 6 like people who don't have it." 7 But the thing here is, education has to be 8 done. 9 And, you know, somehow, we've got to start 10 telling parents: This is your responsibility. 11 And if some of these young people, they go to 12 college -- I was at a dinner about a month ago, at 13 some friends' house. 14 And three kids, they weren't even talking. 15 They were texting one another, to tell them where 16 they were going to go in school. [Unintelligible] 17 when this damn dinner was over, we're going to go 18 out and have a drink. 19 All I have to say is, as my granddaughter 20 said: You don't live in my grandfather's house. 21 I wouldn't put up with it. 22 But, again, I said what I said before: We 23 have too many parents who want to be -- "I want to 24 be friends with my daughter." "I want my son to 25 love me." 1 I have a 56-year-old son, and he said, 2 "You were terrible when I grew up. But now that I 3 have three kids in college, I think you were a 4 pretty smart man." 5 And I think that, all of the steps that we 6 can do for you, as law enforcement, is very, very 7 important. 8 What you've done, and I can tell you, I meet 9 lots of them in the Hudson Valley, they have so much 10 respect for you, and what -- you know, their old 11 friend John Melville -- and John Melville tells them 12 that you are doing a super job. 13 So this is an education. 14 But, we can't do it alone. It's going to 15 have to come from you, the Commissioner of 16 Motor Vehicles, the Traffic Safety Board. 17 What would you like to see New York do to 18 help us protect those who don't want to protect 19 themselves? 20 And, I thank you. 21 SENATOR FUSCHILLO: Thank you very much, 22 Superintendent, for your testimony, and your time. 23 SUPERINTENDENT JOSEPH A. D'AMICO: Thank you. 24 SENATOR FUSCHILLO: Appreciate it. 25 1 Jacy Good, board member of FocusDriven. 2 Good morning, Jacy. 3 JACY GOOD: Good morning. 4 Thank you very much for having me. 5 SENATOR FUSCHILLO: Well, thank you for 6 taking the time to be here. 7 I appreciate it. 8 You have a PowerPoint presentation? 9 JACY GOOD: Yes. 10 SENATOR FUSCHILLO: Okay. 11 JACY GOOD: And I guess I need help. 12 I need a password, and, I don't know what I'm 13 doing. 14 So I'll just get started, because I can jump 15 in before I get to those things. 16 SENATOR FUSCHILLO: Well, before you do that, 17 let's -- 18 UNIDENTIFIED SPEAKER: Just hit "Enter." 19 SENATOR FUSCHILLO: Let's just hit "Enter." 20 JACY GOOD: Got it. 21 Thank you. 22 SENATOR FUSCHILLO: Okay? 23 JACY GOOD: So, I'm here representing 24 FocusDriven, the only federal nonprofit fighting for 25 cell-free roads. 1 And I just wanted to start by thanking you, 2 Chairman Fuschillo, and all of the distinguished 3 members of the Senate Transportation Committee, for 4 inviting our organization to be a part of this 5 extremely important subject that's affecting the 6 lives of everyone on or near a road. 7 And I guess a lot of what I'm going to say 8 has already been covered, but that doesn't hurt 9 anything. 10 I have some pretty pictures to go with it 11 too, I guess. 12 But, driving is the most dangerous thing we 13 ever do. 14 It kills more people than almost everything 15 else that we put our lives in danger with. 16 And, I guess, in a year's time, it's about 17 35,000 people killed from being on the road. 18 And that's not even to mention the physical 19 and emotional tolls of families losing loved ones, 20 and, the $1 billion going into hospital bills, and 21 property damage, and all this other astounding 22 numbers that are just crazy, because we need our 23 cars in this country. It's not really much of a 24 choice. 25 And that's wonderful, but, unfortunately, 1 society has become very accepting, and just kind of 2 complacent. 3 We -- I mean, I know, when I started learning 4 how to drive, I expected to get in an accident in my 5 lifetime. You know it's going happen to you. 6 And, there's actually a whole lot of science 7 behind all of this, and this is where my PowerPoint 8 starts. 9 That, when they've looked into this, what's 10 causing these crashes is driver error. 11 People making mistakes, 70 percent of the 12 time, it's definitely the cause of a crash. 13 And it's probably the cause of 93 percent of 14 the crashes that are happening, because, we screw 15 up. We make a mistake. We don't know what we're 16 doing. 17 And when you look into that, one of the 18 biggest errors we ever make is being distracted. 19 You know, there's the obvious ones of, manual 20 and visual, taking your hands off the wheel and your 21 eyes off the road. 22 The big one that we're talking about today is 23 the cognitive impairment that's being -- that's 24 happening. 25 And it's scary, because, when you are 1 cognitively impaired, you don't perceive that you're 2 in danger. It doesn't feel like anything is wrong. 3 You think you're seeing everything in front 4 of you. And, unfortunately, it's just not true. 5 And that's where this slide comes in. 6 [Slide being shown.] 7 That, looking at the brain, when you're just 8 driving, it's actually a very cognitively demanding 9 task, and it's horrible, because, driving feels like 10 second-nature. You don't think about driving when 11 you're driving. 12 And, unfortunately, there's a whole lot going 13 on in your brain. 14 And, even if you're just having a 15 conversation, on the right-hand side of this slide, 16 you can see, it's 37 percent less brain activity 17 associated with the road in front of you. 18 And the numbers are out there, that, one in 19 four crashes is caused by a cell phone. And it 20 doesn't really make any sense to me. 21 And, you know, I think, as the Superintendent 22 said, that's hugely underreported. 23 And it's -- actually, there's a lot of 24 misperception around this. 25 That, we are told by the state laws, by car 1 companies, by cell-phone companies, that if you use 2 the headset, and your hands are on the wheel and 3 your eyes are looking out your window, you're safe. 4 And as these MRI images show, it's just not 5 true. 6 There are over 30 studies, independent 7 studies, showing that a driver using a headset or 8 the bluetooth built into the car, is suffering from 9 the same difficulties with reaction time, headway, 10 staying in their lane, speeding, as a driver who's 11 holding the phone up to the head. 12 It doesn't make a difference. 13 And, I talked about this one. 14 And when this is going on in your brain, you 15 just don't see up to 50 percent of what's in front 16 of you. 17 [New slide being shown.] 18 This is a little hard to see, but each 19 picture has, this teal outline, of actually where 20 our eyes are looking. 21 They put cameras in the car to see what's 22 going on. 23 And you can see, on left-hand side, that box 24 includes this big yellow school bus on the left-hand 25 side. That, when you're talking on a phone, and, 1 your eyes just stop scanning, your brain doesn't 2 process it, you just don't see what's happening in 3 front of you. 4 And it's the whole idea, that, conversation 5 requires thinking. You're listening, you're 6 interpreting, you're recalling past information, 7 making decisions about when to reply. 8 And when you're doing that with a disembodied 9 voice on a cell phone, who's not in the car with 10 you, your brain's working even harder, because 11 you're creating this mental image of the other 12 person, and what kind of room they're in, and what 13 gestures they're making, and what their faces are 14 doing. 15 And it just, absolutely, distracts entirely 16 from our brains. 17 And, unfortunately, this idea of cognitive 18 distraction is hard to tackle. It's been almost 19 entirely ignored by lawmakers, and absolutely 20 disregarded by companies that want to profit from 21 cell-phone use while driving. 22 But, as was mentioned earlier, drivers having 23 cell-phone conversations are four times as likely to 24 crash, which is the same impairment as a person who 25 is intoxicated. 1 Impairment is impairment, whether it's coming 2 from intoxication or being on the phone. 3 And you guys know, I don't mean to lecture 4 you on this, the thing that's going to make a 5 difference are these real stories, the real faces. 6 I just want you guys to try and put yourself 7 in somewhere in my story, in my shoes. 8 So, the date was May 18th of 2008. 9 It was the best morning of my life. 10 [New slide being shown.] 11 I graduated from Muhlenberg College. It's 12 this tiny college in Allentown, Pennsylvania. 13 I had all kinds of honors. I had my dream 14 job lined up with Habitat for Humanity. I was 15 moving to Brooklyn; I was going be a city girl. 16 Life was perfect. 17 My parents and I had this easy 18 hour-and-a-half drive to get home. And, then it 19 was, real life, finally. 20 We got about halfway home that day, and we 21 were going the speed limit, 45 miles an hour. We 22 came to a green light. 23 As we came to that green light, there was 24 also an 18-wheeler, going north, just opposite us, 25 who also came through a green light. 1 As that happened, there was also an 2 18-year-old young man who was on that intersecting 3 road. And, he came to the red light, but that young 4 man was talking on his cell phone. 5 He suffered inattention blindness, and just 6 never -- I'm sure he looked at the red light, but 7 his brain did not process it. He did not know his 8 mind was more focused on the conversation than the 9 road in front of him, and he flew right into that 10 intersection, to make a left turn, and the 11 tractor-trailer swerved, to try and miss him, and 12 hit our white station wagon head on. 13 A dairy truck, full of milk. 14 I had two broken feet, a broken wrist, broken 15 collar bone, broken tibia and fibula, shattered 16 pelvis, lacerated liver, collapsed lungs, damaged 17 carotid arteries, and a traumatic brain injury. 18 I was given about a 10 percent chance of 19 surviving that night. 20 Neither of my parents were so lucky. They 21 were both pronounced dead on the scene. 22 58 years old, killed, because of a cell-phone 23 conversation. 24 And the main point I really want to hammer 25 home, is that, even -- and this is not only 1 affecting the people that are in the cars that this 2 is happening to. The ripple effects of these 3 tragedies are absolutely astounding. 4 That, my mom was the awesome 8th-grade 5 English teacher. 6 And, the next day was Monday; it was a school 7 day. 8 And three hundred 13-year-old kids had to 9 come to school and learn that Mrs. Good wasn't 10 there, because she was dead. 11 Those kids all had to go home and get support 12 from their family and their loved ones. 13 And those ripples just keep branching out to 14 absolutely astounding measures. 15 I was in a coma for my parents funeral. 16 I didn't get to go to my parents' funeral. 17 And then I had to relearn absolutely 18 everything. 19 I relearned how to walk, relearned how to 20 talk. 21 And even, still, just relearning how to do 22 everything; every day tasks in this body that I'm 23 stuck in for the rest of my life, with a brain 24 injury that lasts forever. 25 This is what my arm can do. 1 [Demonstrates.] 2 It's a lot tougher to do most tasks with one 3 arm. 4 And, you know, now I'm living without the 5 love of my parents. I was 21 years old, and both my 6 parents were killed. 7 And that's something I'll never get over. 8 And, I've just spent the last 9 three and a half years trying to find some kind of 10 meaning, and some kind of justice in the world; that 11 my parents can't be dead, because of whatever 12 insipid conversation this kid needed to have on his 13 phone right at that very moment. 14 And, I think telling this story, hopefully, 15 will have an impact on someone, somewhere. 16 And, you know, put yourself in my shoes: You 17 don't get to retire. You don't get to have 18 grandkids. Such a wonderful part of your life is 19 just taken away from you. 20 So, to kind of close up: As a resident of 21 New York, I just want to strongly encourage our 22 government to help put an end to these senseless and 23 100 percent preventable tragedies. They're 24 happening every single day. 25 As we've said, over and over, when you 1 combine education enforcement with laws, it puts an 2 end to these deadly tragedies. 3 And you know, what? This point in time, 4 drunk-driving laws seem like the most obvious there 5 is. You obviously should not drive when you're 6 drunk. 7 But, when those laws were coming to be, there 8 was lobbying against them. 9 How you can tell someone's drunk? 10 I get drunk off one beer. 11 I guess you guys could handle a few more than 12 that. 13 And, how's the law going to deal with that? 14 How you can tell when someone's drunk, or 15 someone's just a bad driver to begin with? 16 But through investigation, when crashes 17 happen, and making random stops, having that visible 18 enforcement, you know, that's put a huge reduction 19 in the drunk-driving tragedies that are happening. 20 And, I think it's very safe to say that 21 cell phones have replaced drunk driving with a much 22 higher frequency at this point in time. 23 So, in closing: On behalf of myself, my 24 parents, and all of the survivor advocates who have 25 lost such wonderful people in their lives, and this 1 organization of FocusDriven, I just want to urge you 2 to keep New York at the forefront of traffic safety, 3 and push for the law -- the laws that include bans 4 on all cell-phone use by all drivers. 5 And this is going to happen. 6 You know, we need to set the standard. 7 Again, as you did with the original 8 cell-phone law, that needs to set the standard for 9 investigations at crash sites, and high-visibility 10 enforcement. 11 I believe that's about all I've got to say. 12 And, I just want to thank you so much for 13 holding this hearing. 14 And, if you have any questions, I'll do my 15 best to answer. 16 SENATOR FUSCHILLO: Jacy, thank you very 17 much. 18 And, we're joined by Senator Perkins. 19 And, let me just say, on behalf of my 20 colleagues here, we are deeply sorry for the loss of 21 your parents, and the tragedies that you have 22 suffered as well. 23 And thank you for being here, and how 24 courageous are you to come before us. 25 And, we appreciate it. 1 But we're here because of exactly what 2 happened to you, and the tragedies that happened to 3 your parents as well. 4 When the National Transportation Safety 5 Board, and I believe you heard their testimony, when 6 they came out with their reported recommendations, 7 it's really what got myself and the Committee 8 members involved. That, we have to take a look at 9 this -- the seriousness of this issue in 10 New York State. 11 And, the statistics are just too high, and 12 you put a face on them. 13 And I thank you very much for your testimony 14 today. 15 JACY GOOD: Thank you. 16 SENATOR FUSCHILLO: John Corlette, 17 legislative director of AAA New York. 18 Hi, John. Good morning. 19 JOHN CORLETTE: Hi. Good morning. 20 Good morning, Mr. Chairman, and Committee 21 members. 22 My name is John Corlette. 23 I'm the chairman of the legislative committee 24 for AAA New York State. 25 We have 2.7 million members in 1 New York State. 2 As you know, on December 13, 2011, the 3 National Transportation Safety Board issued a 4 recommendation that states enact laws banning 5 drivers from using all wireless devices, both 6 hand-held and hands-free. 7 While no states have enacted such bans due to 8 mixed public support, AAA considers the NTSB 9 recommendation to be a significant step in advancing 10 the public dialogue about the dangers of distracted 11 driving. 12 AAA, the NTSB, and other safety organizations 13 are now -- are all working towards the same goal: 14 saving lives by reducing distracted-driving crashes. 15 In fact, for more than a decade, AAA has 16 encouraged drivers not to use the phone while 17 driving. 18 And, in New York State, our association 19 supported the nation's first law banning hand-held 20 mobile-phone use while driving, believing that it 21 would limit the manual distraction of holding a 22 phone, while encouraging drivers to have two hands 23 on the steering wheel. 24 And I might add, that was a somewhat 25 controversial position for us at the time. So... 1 Last year, we also strongly supported the 2 enactment of the law to provide for primary 3 enforcement of the State's ban on the use of PEDs by 4 drivers to text, send e-mail, and browse the 5 Internet while driving. 6 Primary enforcement serves as a more 7 effective deterrent, and empowers law enforcement to 8 more effectively put a stop to that dangerous 9 conduct. 10 Among its recommendations, the NTSB called 11 for all 50 states and the District of Columbia to: 12 Ban the non-emergency use of PEDs for all 13 drivers; 14 Number two: Use the National Highway Traffic 15 Safety Administration model of high-visibility 16 enforcement to support these bans; 17 And, three: Implement targeted communication 18 campaigns to inform motorists of the new law and 19 enforcement, and to warn them of the dangers 20 associated with the non-emergency use of PEDs while 21 driving. 22 As members of this Committee know, the first 23 recommendation significantly exceeds any existing 24 state laws restricting texting and cell-phone use 25 behind the wheel. 1 Currently, 35 states and Washington, D.C. ban 2 text messaging while driving; and only 9 states, 3 including New York and D.C. ban hand-held 4 mobile-phone use. 5 Due to mixed public support, few proposals to 6 completely ban mobile-phone use have been seriously 7 considered by state legislative committees, and none 8 has ever passed a floor vote in a state legislative 9 chamber. 10 Accordingly, AAA has focused on educating the 11 public about the risks of distraction, funding 12 research to advance our understanding of the various 13 driving distractions, and continues to advocate far 14 more attainable legislative objectives, such as, 15 texting bans and full wireless bans for teens. 16 Which I might add, New York State currently 17 lacks. 18 AAA also supports the NTSB's second 19 recommendation, to expand the use of high-visibility 20 enforcement initiatives, such as those modeled on 21 NHTSA's "Phone in One Hand, Ticket in the Other" 22 pilot programs, which have proven effective in 23 curbing phone use. 24 As mentioned earlier, in pilots in Syracuse, 25 and Hartford, Connecticut, enforcement campaigns 1 were modeled after NHTSA's successful national 2 "Click It or Ticket" seat-belt campaign, and we're 3 the first in the country to thoroughly measure 4 whether a combination of increased law enforcement 5 and public-service announcements could compel 6 drivers to put their mobile phones down and focus on 7 driving. 8 During four enforcement waves over the course 9 of one year, NHTSA observed mobile-phone use, and 10 conducted public-awareness surveys at 11 driver-licensing offices in the two cities. 12 They found: 13 In Syracuse, both hand-held use and texting 14 declined by one-third; 15 And, in Hartford, Connecticut, there was a 16 57 percent drop in hand-held use, and texting behind 17 the wheel dropped by three-quarters. 18 Based on these encouraging results, NHTSA 19 officials have said they hope to test 20 high-visibility enforcement at a wider state level. 21 And we would encourage New York State 22 officials to pursue this opportunity to launch a 23 statewide high-visibility enforcement program, with 24 the assistance and evaluation from NHTSA. 25 Finally, the AAA Foundation for Traffic 1 Safety is now in the middle of a new research 2 project that we hope will answer some of the 3 outstanding questions in the policy debate about how 4 different sources of distraction impact drivers. 5 Working with Dr. David Strayer, of the 6 University of Utah, the AAA Foundation will 7 specifically analyze the impact of the cognitive 8 distraction caused by a wide range of specific 9 distractions, including the hand-held and hands-free 10 mobile devices. 11 The research is expected to yield a new 12 rating scale for sources of distraction, enhance 13 policymakers' knowledge of the issue, and make a 14 valuable contribution to the discussion we are 15 having here today. 16 The project is expected to be completed in 17 the fall of this year. 18 The NHTSA recommendation pushes states to 19 consider full bans. Although there might not be 20 widespread public support or strong political 21 appetite for this measure at this time, it's an 22 important conversation to have. 23 Forums like this draw attention to the issue, 24 helping identify appropriate policy responses for 25 legislators and other officials. 1 AAA suggests that this includes effectively 2 enforcing our existing laws related to texting and 3 hand-held use, as well as promoting a strong safety 4 message to all drivers that they should avoid any 5 cell-phone use, hands-free or hand-held. 6 Thank you for allowing us the opportunity to 7 contribute to this important safety discussion. 8 SENATOR FUSCHILLO: John, thank you very 9 much. 10 And, I appreciate your testimony, and your 11 work, on behalf of AAA. 12 But, as you know -- 13 And I don't know if you were here when the 14 first speaker was here, and I'll go back to it. 15 -- it's a cultural shift, it's a cultural 16 change. 17 And, as you heard, when the seat-belt ban was 18 implemented, there was a reluctance to it. 19 Now there's, obviously, an acceptance of 20 public safety and passage of safety to that. 21 I remember when I offered the no-smoking ban 22 in New York State, the reluctance to that. 23 And, you probably don't even remember 24 anymore, when you went into a restaurant and they 25 said, "Smoking or not smoking?" 1 It's become a non-issue because of a 2 public-health policy. 3 And, we'll see what the future holds. 4 But, the obsession of the use of a cell phone 5 or a PED in cars is just out of control. 6 And, you saw the young lady that testified 7 before, in a very emotional testimony. 8 JOHN CORLETTE: Uh-huh. 9 SENATOR FUSCHILLO: And I mentioned earlier, 10 the statistics, how they just seem to be growing. 11 She really put a face on what this is 12 actually doing to individuals here in 13 New York State, and throughout the country as well. 14 So, I thank you for your testimony. 15 And I look forward to working with you, as we 16 deal with this issue of distracted driving, in the 17 future. 18 JOHN CORLETTE: Sure, okay. 19 Thank you very much. 20 SENATOR FUSCHILLO: Assemblyman McDonough. 21 ASSEMBLYMAN MCDONOUGH: John, thank you very 22 much. 23 I had a thought, and it may be pie in the 24 sky, but -- and AAA is a very large and influential 25 organization. 1 You know that, today, insurance companies 2 give a discount if you take the driving course. You 3 know, you'd get a 10 percent reduction on your 4 insurance fees, if you take those defensive-driving 5 courses. 6 They also, as cars are being produced, if 7 your car is equipped with certain safety devices, 8 they give a discount for that, if you look at your 9 premium breakdown. 10 Now, this looks a little crazy, maybe, but I 11 don't think it could be: If cars were to be 12 equipped, as I said before, with a device that 13 cripples cell-phone communications within the car 14 during that time, which you know can be done. 15 That's not a problem. 16 I would think the insurance companies would 17 give a great discount for that because of the number 18 of accidents that are on there, and, of course, the 19 insurance costs. 20 How do you feel about something like that? 21 JOHN CORLETTE: I'm aware that the technology 22 is out there. 23 I think it's something that should be looked 24 at, you know, with -- perhaps with insurance 25 companies. 1 I don't think any representative from an 2 insurance company is here. 3 ASSEMBLYMAN MCDONOUGH: We have now, on the 4 drunk-driving laws -- of course, this follows a 5 conviction -- but then you have to use the 6 ignition-interlock device, which prevents you from 7 driving drunk at all in the future. 8 But, we know that technology could be done, 9 but I think that it would be a tremendous savings. 10 And as, you know, representative of such a 11 large organization as AAA, I think that's something 12 to consider also, that we could do that. 13 People wouldn't like it, but, that's the 14 breaks. 15 You know? 16 JOHN CORLETTE: Sure. 17 ASSEMBLYMAN MCDONOUGH: Okay. 18 SENATOR FUSCHILLO: Thank you very much. 19 JOHN CORLETTE: Thank you. 20 SENATOR FUSCHILLO: Dr. Jim Hedlund, 21 principal of Highway Safety North. 22 Good morning, Doctor. 23 DR. JAMES HEDLUND: Let's see. 24 I need a little technological help here, to 25 get something up and going. 1 Good morning; and, thank you, Mr. Chairman, 2 for inviting me here. 3 My name is Jim Hedlund. 4 I am a consultant in traffic safety issues, 5 and from Ithaca, New York, the town where I was 6 born, and grew up. 7 I have been doing this for the last ten years 8 or so. 9 And, for the 22 years before that, I worked 10 for the National Highway Traffic Safety 11 Administration, in behavioral issues, such as, drunk 12 driving, and seat-belt use, and things like 13 distraction. 14 I've given -- I'm probably here because of 15 this document, which I'm glad to provide for the 16 Committee. 17 This is: "Distracted Driving: What Research 18 Shows, and What States Can Do." 19 This is a document that I prepared and wrote 20 last summer for the Governors' Highway Traffic 21 Safety -- for the Governors' Highway Safety 22 Association, which is the association of all state 23 traffic-safety offices, including GTSC here in 24 New York. 25 And it attempts to summarize all the research 1 that is out there. 2 I will give a summary of that for you. 3 My written testimony boils this down a little 4 bit more, and the PowerPoint boils it down even more 5 yet. 6 So, a large part of my work here, is to give 7 you some background, and to give you the information 8 that I think you need in considering this. 9 I will go very quickly through these. 10 And one of the advantages of being late in 11 the hearing, is I don't have to talk about some of 12 these things anymore. 13 [Slide being shown.] 14 But, I'll cover the four areas that you have 15 in your charge for the hearing; and, finally, at the 16 last, I will give you my personal suggestions. 17 [New slide being shown.] 18 You've heard about NTSB's recommendations. 19 I make the point only that there's three 20 parts. 21 They say: Pass a law, enforce the law, and 22 publicize the law. 23 Passing the law is easy. 24 Enforcing it, as you heard from the 25 Commissioner, is much more difficult. 1 So, that's an issue that you seriously must 2 consider. 3 [New slide being shown.] 4 What is "distracted driving"? 5 It's useful to take about 10 seconds to think 6 about this. 7 And, you're distracted by four things: 8 When your eyes are not on the road; 9 When you're hearing something, that has 10 nothing to do with driving; 11 When your hands are fiddling with something, 12 other than the wheel of the vehicle controls; 13 And, as recent testimony said, when your 14 brain is thinking about something. 15 And most distractions involve two or three of 16 these. 17 Hand-held cell phone or texting are the worst 18 because they involve all four. 19 You have to look find the thing; 20 You have to hold it to your ear or to punch 21 the numbers in; 22 You hear the conversation, for the hand-held 23 phone; 24 And then you're thinking about it. 25 [New slide being shown.] 1 Here's something that you really need to 2 know: Drivers are distracted much of the time. 3 The best studies, which followed 100 cars for 4 a full year, recording everything the drivers did, 5 concluded -- video on them, and all the rest -- 6 concluded the drivers were distracted by something 7 or other, between a quarter and a half of the time. 8 In crashes, the best evidence says, some 9 drivers are distracted between 15 and 30 percent of 10 the time. 11 And that's, as was pointed out, very 12 difficult to determine, because, in a crash report, 13 you know very well what happened when the car 14 crashed. 15 You don't know what happened, what the driver 16 was doing, immediately before the crash. 17 So, these are probably underreported. 18 Distraction is probably even more important 19 than that. 20 [New slide being shown.] 21 Cell phones and texting are -- have some 22 better data. 23 You ask people in surveys, and then -- there 24 are about three recent surveys that say: 25 Two-thirds of people admit that they use cell 1 phones when driving; 2 And, a good one-third of people say they use 3 cell phones regularly when they're driving. 4 Surveys: Standing on the side of the road, 5 observing people, during daylight hours; 6 7 to 10 percent, of any driver, during daylight 7 hours, in this situation, is using a cell phone. 8 This happens lots. 9 Texting is not quite as frequent, but, a good 10 third of people admitted that they read, and a 11 quarter sent, a text within the last month. 12 Observations, it's down, on the 1 percent; in 13 that neighborhood. 14 Texting, though, is growing rapidly. 15 And, as had been pointed out earlier, younger 16 drivers do this more frequently than older drivers. 17 [New slide being shown.] 18 How do cell phones affect performance? 19 The best way to do this is in experimental 20 settings. There are lots of studies. 21 You can find summaries of them in the 22 document that I have provided for you. 23 The distractions definitely affect 24 performance on things like, reaction time. 25 The real problem with experiments, is that 1 they are experiments. They're artificial 2 situations. They're not the same as driving down 3 the road. 4 So, inferring from the results of 5 experiments, to crash risk, simply cannot be done. 6 You need to go and look at crash-risk studies. 7 [New slide being shown.] 8 The problem with crash-risk studies, what you 9 would like know, is: Was this driver using a cell 10 phone immediately before they got into the crash? 11 And, something to compare that with. 12 Unfortunately, in the United States, you 13 cannot get cell-phone records to do these kinds of 14 studies. 15 The only two studies that have directly tied 16 cell-phone records to drivers in crashes, happened, 17 one in Canada, one in Australia. 18 And those are the two that I cite there. 19 They show crash risk about four times higher 20 when using a cell phone. And they show, 21 essentially, no difference between the hands-held 22 and the hands-free. 23 There are some other studies that use less 24 direct, but broader methods. And, they find crash 25 risks of about three times for cell phones. 1 This naturalistic driving study that I 2 described recently, finds crash risk, from a little 3 bit more than one, up to three times, for various 4 secondary tasks, of which cell-phone use is one. 5 On the other hand, there's a collision-claim 6 study, put out by the Highway Loss Data Institute, 7 which looked at changes in insurance-collision 8 claims during the last ten years, when cell-phone 9 use has just boomed. 10 And, they found no difference. 11 They also looked at differences in collision 12 claims between states, with and without cell-phone 13 laws. 14 And, they found no difference. 15 [New slide being shown.] 16 Conclusions: Yes, cell-phone use increases 17 crash risk, to some extent. 18 It certainly causes individual crashes, such 19 as those that the Safety Board investigated, but, 20 there's really no consensus on how much it increases 21 crash risk. 22 There is no conclusive evidence on whether 23 hands-free is less risky than hands-held. 24 There's suggesting that it -- suggestive 25 evidence that it probably is, because it doesn't 1 involve that piece of distraction involved with your 2 hand, but there's no conclusive evidence. 3 And texting is probably more dangerous; but, 4 again, nothing conclusive in the research. 5 [New slide being shown.] 6 Let's get to laws. 7 Cell-phone laws prohibiting hand-held, you 8 have one. Nine other states do. 9 This is the case for all commercial drivers 10 as well, by federal regulation. 11 Most European countries have such a law. 12 There is research that says, when states 13 implement these laws, cell-phone use decreased 14 substantially at first, and rose up again 15 afterwards, but still lower than adjoining states. 16 There's no good research on the effect of 17 these laws on crashes, unfortunately. 18 And, no state, no country except Japan, 19 that's the only exception, bans hands-free 20 cell-phone use. 21 And I might point out, here, that the 22 Federal Motor Carrier Safety Administration, which 23 regulates all commercial drivers, recently issued a 24 regulation, which permits hands-free use by 25 commercial drivers. It has to be one-touch. 1 You have to have something set up so you can 2 either voice activate or just touch with it one 3 button. 4 But, commercial drivers are permitted to use 5 hands-free cell phones. 6 Texting laws: 35 states and New York have 7 them. 8 There are no evaluations of these. 9 [New slide being shown.] 10 Enforcement: You've heard about this four 11 times already today, so I don't need tell you about 12 it anymore. 13 [New slide being shown.] 14 Education: There are lots of campaigns out 15 there. 16 And you've heard about, several people, this 17 testimony, encouraging you to do education. 18 There's no evaluation of any of these. 19 And, I might make a point, that, in other 20 traffic-safety areas, such as seat-belt use, and 21 drinking-and-driving, education by itself had little 22 effect. 23 The only time you got an effect was when you 24 combined laws and enforcement, and education backing 25 those up. 1 Do not make the mistake of thinking, just 2 putting out an education campaign will solve the 3 problem for you, because it will not. 4 [New slide being shown.] 5 Cell phones and young drivers: They use they 6 things more frequently. They have the highest crash 7 risk. 8 States have recognized this, by putting 9 additional restriction on young drivers. 10 New York has a very good Graduated Driver 11 Licensing Law, which restricts nighttime driving and 12 passengers. 13 Of course, you've got the hand-held 14 cell-phone and texting ban. 15 But, 30 states, and D.C. ban all cell-phone 16 use for all young drivers. 17 This, in a sense, helps give the parents the 18 backbone to do what they already want to do; which 19 is, prohibit their beginning drivers from using 20 these things. 21 [New slide being shown.] 22 So, I will conclude with my suggestions for 23 you. 24 You've got the right -- the most important 25 laws already: the hand-held and the texting bans. 1 I think it's premature, at this point, to go 2 for a hands-free cell-phone ban. 3 I would consider, seriously, putting in a 4 hands-held ban for beginning drivers. 5 Enforcement recognized that any law you pass, 6 as the Commissioner said, has to be enforced. 7 If you don't enforce it, it sends a message, 8 you didn't really mean it in the first place. 9 Enforcement needs resources. 10 Enforcement and traffic safety has to spread 11 across the whole gamut of, drunk driving, and 12 seat-belt use, and everything else. 13 So, consider resources before you put in a 14 law that's tough to enforce. 15 As I just said, tie the education to the 16 laws. 17 And, finally, a number of countries, over 18 1,500, have policies in place regarding cell-phone 19 use by their drivers on company business. 20 This is a place where it can be enforced. 21 You know, you're a company; you can tell your 22 drivers what they can and cannot do. 23 Some of these companies have "hands-free" 24 policies as well. 25 So, encourage your employers, and, the State 1 of New York is an employer, after all, to adopt 2 these policies. 3 Thank you very much. 4 I leave you with the document, and I would be 5 glad to answer any questions, or to provide any 6 other assistance that I may. 7 SENATOR FUSCHILLO: All right, Doctor, you've 8 been very clear. 9 And, I appreciate your recommendations, and, 10 your expertise. And, certainly, your years of 11 experience. 12 As we've stated before, this is a very 13 serious issue that New York State is facing. 14 And, we're going to see how we proceed in 15 dealing with this issue, and just combating, whether 16 it's education -- enhanced-education requirements, 17 or, you know, enhanced laws as well. 18 Senator Perkins has a question. 19 Senator? 20 SENATOR PERKINS: Thank you. 21 Thank you for your presentation. 22 I wanted to ask: So, who is doing this the 23 best, in terms of, enforcement, and identifying the 24 problem, and coming up with laws and measures that 25 are helping? 1 DR. JAMES HEDLUND: New York -- New York is 2 doing it as well as anybody. 3 New York is actively enforcing the hand-held 4 ban. 5 Here's an article from "The Ithaca Journal," 6 a couple of weeks ago, saying, "The Ithaca Police 7 Department will emphasize enforcement of 8 distracted-driving laws in February." 9 You're doing it well, and you have good laws. 10 SENATOR PERKINS: And how do we compare to, 11 let's say, the Europeans? 12 I notice you made reference to the fact that 13 cell-phone laws prohibit hand-held phones in most 14 European companies. 15 How are they doing in comparison to the 16 United States? 17 DR. JAMES HEDLUND: The laws are the same as 18 you have here, prohibiting hand-held cell phones. 19 The enforcement is the same model that has 20 been recommended, and that was used in Syracuse, of 21 high-visibility enforcement. 22 SENATOR PERKINS: Are they doing anything 23 different that we could look at? 24 DR. JAMES HEDLUND: Some of the European 25 countries are doing more of it. 1 New York has had just the one demonstration, 2 in Syracuse, which lasted for a year. 3 You're considering additional demonstrations, 4 or considering expanding that, this year. 5 The Europeans have gotten there a little 6 earlier, and they're doing a little more of it. 7 SENATOR PERKINS: Any specific countries that 8 you have in mind -- 9 DR. JAMES HEDLUND: I can't say why. 10 SENATOR PERKINS: All right, thank you. 11 DR. JAMES HEDLUND: Thank you. 12 SENATOR FUSCHILLO: Thank you, Doctor. 13 Thanks very much. 14 Kevin Ro, and, Wayne Weikel. 15 Good morning, gentlemen. 16 Wayne, you're the director of state affairs 17 for the Alliance of Automobile Manufacturers; 18 And, Kevin, you're the director of technical 19 and regulatory affairs for the Vehicle Safety Group, 20 Toyota Motor North America. 21 Thank you very much, both of you, for being 22 here. 23 WAYNE WEIKEL: Good morning, Mr. Chairman, 24 members of the Committee, Assemblyman. 25 I want to commend you for holding this 1 hearing today, and your engagement on this issue of 2 distracted driving. 3 The Alliance genuinely appreciates the 4 opportunity to address this body today. 5 While I won't read my testimony in its 6 entirety, I did want to talk a little bit about the 7 legislative agenda of the Alliance that we've been 8 pushing, and highlight some of the technologies that 9 our member companies have employed to keep your 10 constituents and our customers safe. 11 The state of New York has been mentioned many 12 times today. It should be recognized for its role 13 as a longtime leader in driver -- in public-policy 14 efforts, to keep the motoring-public safe; from 15 aggressive drunk-driving laws, to early recognition 16 of distracted driving, as a real concern. The first 17 state in the nation to ban handheld-phone use, as 18 well as an early adopter on texting-while-driving 19 laws. 20 While the states have followed, New York has 21 continued to be a leader in this front. 22 I spent a good portion of my time visiting 23 legislatures across this country, trying to convince 24 your peers to engage on issues of distracted 25 driving. 1 To help guide and encourage legislative 2 bodies, the Alliance has developed model laws to ban 3 the use of mobile telephone. 4 To engage a call, unless it is used a 5 hands-free device; and another, to prohibit texting 6 while driving; both positions the New York -- State 7 of New York has already adopted. 8 But, as has been mentioned many times today, 9 to be clear: The adoption of good public policy is 10 only the first step to changing practices in the 11 public. 12 Efforts need be made to educate citizens, 13 that, both the existence of the laws and their 14 reasons for adoption. 15 We need consumer education so that drivers 16 know, that even with cutting-edge technology in our 17 cars, driver distractions remain at risk; not just 18 hand-held texting, and hand-held calling, but, 19 eating, drinking, searching for a CD, reading a 20 newspaper, putting on makeup, shaving -- anything 21 that provides -- that prolongs a driver's eyes off 22 the road or hands off the wheel presents a risk. 23 Numerous studies will show that -- the effect 24 of high-profile public-awareness campaigns can make. 25 "Click It or Ticket" on seatbelts; 1 "You Booze, You Lose," on drunk driving; 2 "Take 10 from 2," from -- to combat fatigue -- 3 we need a similar effort around distracted driving. 4 As the doctor said, part of your awareness 5 campaign must include a high-visibility enforcement. 6 Drivers understand that breaking this -- 7 drivers must understand that breaking this law will 8 result in negative consequences: a fine, higher 9 insurance rates. 10 We hear, anecdotally, stories of, after 11 someone has received a ticket for hands-free or 12 texting while driving, when it actually comes time 13 to going into court, that that may end up not 14 actually translating into a fine or the higher 15 insurance rates. 16 Sound public policy, along with aggressive 17 enforcement, is the key to reducing the risks 18 presented by driver distraction. 19 The Alliance and our members have tried to do 20 our part to educate the public. 21 We are proud to have partnered with the 22 American Academy of Orthopedic Surgeons on a 23 national education program titled "Decide to Drive." 24 This campaign has been recognized by the 25 U.S. Secretary of Transportation, and presented with 1 a prestigious CLIO Award. 2 We remind drivers that when they're behind 3 the wheel, they need to "decide to drive." 4 Using the Chairman's words, 5 "Absurdly simple," but, it really gets to the heart 6 of the problem. 7 Alliance members must understand that in 8 vehicle -- Alliance members have long understood 9 that in-vehicle information and communication 10 systems have the potential to distract drivers if 11 not properly designed. 12 In July of 2000, the Alliance met the 13 challenge of the National Highway Traffic Safety 14 Administration, and developed these driver-focused 15 "Telematics Guidelines." 16 This 80-page guidelines consist of 17 24 principles that address the design, use, in 18 installation of telematic systems, with the goal of 19 maximizing eyes on the road all the time. 20 Some examples include issues, such as: 21 Position of visual in-vehicle telematic 22 systems are addressed, stipulating, that should be 23 positioned close to the driver's normal line of 24 sight; thereby, allowing the drivers to continue to 25 monitor the road peripheral while they're looking at 1 the display. 2 Ever notice, how, on most new cars, the 3 in-dash screens are placed very high in the center 4 console? 5 That's to -- based on these guidelines, to 6 keep your eyes on the road for as long as possible. 7 Also, setting visual demand limits, 8 stipulating, that eyes-off-the-road time is limited 9 to tasks that can be accomplished with short glances 10 away from the road. 11 One example, is that: In our member 12 companies' cars, you cannot enter a new address into 13 a GPS system. 14 You can call up a previously found address, 15 but you can't take the time to plug in an address, a 16 city, a state, which would take too much mental 17 focus, and eyes away from the road. 18 Since 2002, all Alliance members have agreed 19 to abide by these guidelines when building their 20 cars. 21 The guidelines are just one example of how 22 Alliance members build cars today that are safer 23 than they have ever been. 24 Guidelines responsible for countless 25 technological improvements to increase driver 1 safety, head-up displays of vital automobile 2 information, voice-activated system controls, 3 bluetooth phone recognition, audio GPS directions; 4 each designed to keep the driver's eyes on the road 5 and hands on the wheel. 6 To further reduce traffic fatalities, we'll 7 continue with cooperative efforts between vehicle 8 manufacturers, government and non-government 9 stakeholders, to address each element of vehicle 10 safety, including roadway infrastructure, driver 11 behavior, and vehicle design. 12 SENATOR FUSCHILLO: Kevin. 13 KEVIN RO: Thank you. 14 I also will provide a shortened version of my 15 testimony so that we can ensure that we have more 16 discussion on the topic. 17 I want to thank you, Chairman, and the 18 Committee, for inviting me to testify before you. 19 I work for Toyota Motor North America. I'm 20 the director of the vehicle safety group. 21 And I -- Toyota is very strong and supportive 22 of the Alliance-model bill language. 23 We also want to commend New York for taking 24 the leadership role in banning cell-phone usage and 25 texting from drivers. 1 Toyota strongly also support the 2 National Highway Traffic Safety Administration, and 3 their view, that the primary responsibility of the 4 driver is to operate the motor vehicle safely. 5 We recognize this, and, we also recognize 6 that drivers today are faced with very complex 7 driving environments that demand concentration and 8 good judgment. 9 And vehicle manufacturers are working, and 10 competing, every day, to create improved systems 11 that are designed to assist the driver in safely 12 operating the motor vehicle. 13 In line with NHTSA, and NHTSA positions -- in 14 line with the Alliance and NHTSA positions, and to 15 meet the needs of drivers, Toyota's philosophy is, 16 to make -- ensure that the driver is driving 17 focused. 18 This philosophy has three components. 19 The first is: Societal communication and 20 education; 21 The second is: Human-machine-interface 22 research; 23 And the third is: Product implementation. 24 The societal communication and education, 25 Toyota has been active in engaging in numerous 1 activities to improve driver safety and awareness of 2 the dangers of distracted driving. 3 We worked with organizations, such as 4 law enforcement; national safety organizations, such 5 as the National Safety Council, RADD, SADD, on their 6 campaigns against texting while driving. 7 We've also had anti-texting advertising 8 campaigns that aired on MTV, Comedy Central, 9 Spike TV, TV Land, VH-1, Nick at Night, and 10 Nickelodeon. 11 For human-machine-interface research 12 activities, this element finds its foundation in a 13 strong research base of both internal and 14 collaborative research projects. 15 Toyota has over 30 years of research in this 16 area, to assist the driver with the driving task. 17 Among the numerous research efforts includes, 18 Toyota's Collaborative Research Center, based in 19 Michigan, which was founded in January of 2011. 20 And, among many research projects, it 21 includes, driver distraction-related projects with 22 Wayne State University, Massachusetts Institute of 23 Technology's Age Lab, and the Virginia Tech 24 Transport Institute. 25 Toyota also conducts in-house testing that 1 includes driver-simulator and naturalistic-driving 2 studies. 3 For product implementation, this, we believe, 4 is a most visible embodiment of making sure that 5 drivers are focused on the driving task. 6 Looking at our products, one that strongly 7 illustrates Toyota's decision to curb distracted 8 driving, is looking at our navigation system. 9 We were one of the first manufacturers that 10 locked-out drivers from certain functions while 11 driving. 12 Despite many complaints from our customers, 13 we assured them that this was for the better good. 14 Although we have -- in more recent years, 15 Toyota's in-tune telematic systems, which 16 piggyback's off of cell-phone connectivity, through 17 bluetooth technology, allows the drivers to drive 18 hands-free, with their hands on the wheel, eyes on 19 the road. 20 And this technology also allows the voice 21 operation of application functions, and provides 22 navigation assistance. 23 In closing: Toyota holds itself to be a safe 24 and responsible corporate citizen. 25 We stand ready to work with government and 1 safety groups toward the shared goal of making the 2 driving task safer. 3 Toyota believes that, working together, we 4 can help drivers to keep their eyes on the road and 5 their hands on the wheel. 6 And as such, we greatly appreciate the 7 opportunity to be here today. 8 Thank you. 9 SENATOR FUSCHILLO: Kevin, thank you very 10 much. 11 You know, the cars of today are becoming the 12 cars of convenience for the portable electronic 13 devices. 14 You know, when you get in a car, you can 15 download your BlackBerry, you download your phone 16 list, in there; you can download your music on your 17 iPhone; you can have it all, and stored in the cars 18 in their central computer system. 19 And, I appreciate the advancements of Toyota 20 in banning the use of entering the information for a 21 navigation system. 22 I was reading an article recently, about how 23 a car manufacturer is looking to the future, dealing 24 with the issue of drunk driving; where, the person's 25 hands on the steering wheel, the perspiration, can 1 detect whether there is any alcohol or not. 2 And looking into the future, because I'm sure 3 Toyota's not looking to create cars just for today, 4 or next year, but, way out there. 5 Is there technology that would possibly 6 prohibit -- and Assemblyman McDonough brought this 7 up before -- the use of an electronic device in a 8 car? 9 Sort of a blocker, I think you had mentioned, 10 while the engine's running? 11 KEVIN RO: Well, the issue of blocking the 12 signal, as mentioned earlier, I understand that, 13 currently, that there is actually a ban on blocking 14 FCC signals. 15 So, there's an issue there, that we wouldn't 16 be able to install that technology in our vehicles. 17 SENATOR FUSCHILLO: Right. 18 KEVIN RO: But I think, that, in the 19 direction that we're headed today, we've got 20 technologies that we're installing, to ensure that 21 driver has, you know, hands on the wheel, eyes on 22 the road. 23 We also are conducting studies, through 24 M.I.T., and Wayne State University's Medical School, 25 and Virginia Tech, to better understand the 1 distraction for drivers; not just the physical 2 being, but, rather, the cognitive as well. 3 Virginia Tech is going to be helping us 4 analyze a Transportation Research Board study of 5 naturalistic driving of 3,000 drivers, which is the 6 next step beyond the one that Dr. -- the previous 7 doctor mentioned, with 100 vehicles. 8 And we believe that study's going to help us 9 to better understand the whole driving environment, 10 and the whole issue of driver distraction, even 11 better. 12 SENATOR FUSCHILLO: All right, thank you very 13 much. 14 Thank you very much. 15 ASSEMBLYMAN MCDONOUGH: Thank you. 16 SENATOR FUSCHILLO: Bill? 17 Okay. 18 Thank you very much. 19 Appreciate your testimony. 20 Alfred Vigna, director of education and 21 technology teacher, New York State Driver's 22 Education Traffic Safety Association. 23 ALFRED VIGNA: Good afternoon, 24 Senator Fuschillo, and members of the Transportation 25 Committee. 1 I'd like to start off by introducing myself. 2 My name is Alfred Vigna. 3 I'm a driver-education and technology teacher 4 from a rural part of the state. 5 Thank you for inviting my organization here 6 to speak on behalf of driver-education teachers 7 throughout the state. 8 Our organization was reconstituted back in 9 2009, when the Governor's temporary Special Advisory 10 Panel on Driver Education and Curriculum Enhancement 11 met. 12 Our guiding principles for our organization 13 are: 14 To improve and upgrade teaching; 15 Promote research; 16 And, cooperate with other agencies in the 17 areas of safety, and driver education. 18 I'd like to start out with facts bearing down 19 on the problem. 20 [Slide being shown.] 21 And, the first fact speaks directly towards 22 our teenaged drivers. 23 They have the highest death rate from 24 distracted driving out of any other age group above 25 19 years of age. 1 That speaks volumes in itself. 2 And the second and third facts: I was 3 taught, when I got my instructor certification, that 4 it takes a new driver approximately three years to 5 get up to the average proficiency level of everybody 6 else out there on the road. 7 And, in the fourth fact, you can see, 8 distracted driving is a very large problem, and it's 9 not going go away any time soon unless we 10 aggressively address it. 11 I seen -- I see teens every day in school. 12 They're glued to their cell phones, their iPhones, 13 iPods. It's part of their culture. 14 And my challenge is to transition them from 15 these electronic devices into safe and responsible 16 drivers, as part of my responsibilities as a 17 teacher. 18 [New slide being shown.] 19 Facts bearing the problem, it's safe to 20 assume that the high teen death and crash rates are 21 going to continue unless the problem's aggressively 22 addressed. 23 High worst costs will remain. More innocent 24 victims and families will be affected. 25 We need to address distracted driving the 1 same way we address the drunk-driving problems of 2 the past, and we'll curb the problem. 3 [New slide being shown.] 4 I felt it was important -- or, we felt it was 5 important, as an organization, to give you a little 6 bit of background on what a Driver Ed program looks 7 like; mine, in particular. 8 First off, it's a joint program between the 9 Department of Motor Vehicles and the New York State 10 Education Department. 11 The DMV issues the MV-285 Completion 12 Certificate, and the State Education Department 13 tracks teachers' credentials. 14 Right now, in the State Ed site, I found more 15 than 492 Driver Ed programs throughout the state. 16 Some of these are during the summer, some of these 17 are in school during class time. 18 The number is actually higher, in my opinion, 19 because the State Education Department is in a 20 transition period in upgrading their approval forms. 21 And I fall under one of the older approval 22 forms; so, therefore, my school's not listed yet. 23 I continue to teach driver education under the law. 24 Parents particularly want their students, 25 their children, to take driver education so they can 1 become safe and responsible drivers. 2 Students, on the other hand, they're looking 3 for that night license. 4 And, upon completion of the driver-education 5 course, they can get their night license when they 6 turn 17; whereas, students who have not taken 7 Driver Ed have to wait until they're 18 years old. 8 Many insurance companies offer insurance 9 reductions, 10 percent. 10 [New slide being shown.] 11 Students can take driver education in lieu of 12 the 5-hour pre-licensing course. 13 And if the driver-education course is done 14 during school hours, as part of the curriculum, a 15 semester, they get a half a credit towards 16 graduation. 17 We know driver education works. 18 I respectfully disagree with Dr. Hedlund, 19 when he said education does not work by itself. 20 If you look at the DMV, if driver education 21 didn't work, we would -- they would not be issuing 22 night licenses to 17-year-olds; and, insurance 23 companies wouldn't be giving insurance reductions, 24 because their bottom line is the dollar. 25 [New slide being shown.] 1 Traffic Safety and Education Guide: This was 2 last updated in January 1989. It's 23 years old. 3 The -- it's the basis for our curriculum and 4 instructional activities. It covers everything, 5 from the driver and vehicle readiness, to traffic 6 laws, and alcohol and other drug substances. 7 We, as an organization, are currently 8 waiting, and, are ready to help State Ed update the 9 guide in the area of distracted driving. 10 And if you notice, there's nothing in there 11 on "distracted driving." 12 This comes with our first recommendation; 13 that is: Mandate driver education back into the 14 public schools. 15 And we, as an organization of professionals, 16 are here, willing to help with that implementation. 17 The Driver and Traffic Safety Education 18 Guidelines: We, as an organization, helped State Ed 19 update those guidelines back in 2010. 20 This particular set of guidelines covers 21 program description and requirements. 22 I have "Selected Requirements" listed on the 23 PowerPoint slide. 24 It's not all inclusive. There's many more. 25 Didn't have enough room on the slide. 1 Two key areas I'd like point out: 2 The minimum time requirements: 24 hours in 3 the classroom, 24 hours in the lab. That's driving. 4 That could also include simulator time. 5 And then, also, course designation. 6 There are credit-bearing courses, and then 7 there's tuition-based. 8 "Credit-bearing" are the ones that take place 9 during the school day, with the students; 10 "Tuition-based," oftentimes, take place 11 during the summer. And, students have to fork-up, 12 anywheres, from 20 -- or, excuse me -- 200 to -- up 13 to 400 dollars, per student, to take the class. 14 Our second recommendation deals with the 15 insurance companies. 16 If a person can take a 17 point-insurance-reduction program, for 6 hours, and 18 get a 10 percent insurance reduction, it would be 19 fair to say, that if a student took a driver 20 education class for 48 hours, they should be 21 entitled to the same mandatory 10 percent insurance 22 reduction. 23 However, we also want to caveat that with the 24 fact that insurance companies need be able to 25 rescind that. 1 If a kid gets caught with a cell phone, he's 2 going lose his insurance reduction. He's going have 3 to pay a higher insurance premium. 4 Distracted-driving laws: It's rare to find a 5 student not immersed in portable electronic devices. 6 It's their culture. It's the bottom line. 7 I've got three daughters; they're all 8 immersed in it. 9 We heard the New York State Superintendent 10 for the State Police talk about his daughters. 11 We heard Senator Larkin talk about his 12 grandchildren, and cell phones, portable electronic 13 devices. 14 This ties in with our third recommendation. 15 If we're serious about this, we need to 16 increase the fines and penalty points to "4." 17 You know, what's a life worth? 18 Mandate those increased fines. 19 A percentage of those increased fines, a 20 percentage towards driver education. 21 Mandate a certain percentage of 22 driver-license fees towards driver education. 23 Then we can help fund the education programs 24 across the state without putting an additional tax 25 burden upon the taxpayers. 1 In conclusion: I talked about three 2 different recommendations: 3 Mandating driver education back in the public 4 schools; 5 Mandating a 10 percent insurance reduction 6 for the driver-education programs; 7 And, then, increasing fines and penalty 8 points, so that we can generate revenue, at the same 9 time, helping to fund a driver-education programs. 10 I also want to state, that, every presenter 11 here talked about the importance of education. 12 Every single one of them mentioned it. 13 It was mentioned no less than 34 times. 14 And, I like to look at driver education as a 15 proactive measure, instead of a reactive measure, 16 which it is. 17 It bridges the gap between, adolescents, and 18 responsible and safe drivers. 19 Henry Ford said, "Working together is 20 progress." 21 And I would like to say, that: Our 22 association is here to help, in whatever committees, 23 to provide subject-matter expertise, opinions, a 24 sounding board. 25 Just let us know. 1 Thank you. 2 SENATOR FUSCHILLO: Mr. Vigna, thank you very 3 much. 4 Appreciate you taking your time, and your 5 testimony. 6 I want to ask you a question, because, I 7 have -- two out of my three kids that now have 8 driver's license, one just turned 21, and one's 17. 9 You mentioned Class D license at age 17, a 10 night license. 11 And, one of the comments I made about the 12 Driver's Ed, and I just wanted to get your feeling, 13 is, my kids don't drive at night during the 14 Driver's Ed program. 15 Do you think that the educational 16 requirements, or what's -- the program needs to be 17 changed, or strengthened a little bit? 18 My concern, and as a parent, we're required, 19 obviously, or the student is, to drive X amount of 20 hours outside of Driver's Ed as well. 21 And, we take the responsibility for teaching 22 them to drive at evening hours, but, they're 23 limited, because of the state law. 24 But, the Driver's Ed program doesn't do that, 25 they're during the day; correct? 1 ALFRED VIGNA: I can't speak for all programs 2 not doing it. 3 I can personally say that many of them don't. 4 There's a couple of reasons. 5 One, you're going have to pay the teacher to 6 come in for additional hours. 7 The program may be set up to just drive 8 during the day, because of funding constraints, the 9 taxpayer burden, et cetera. 10 The other part of that equation is, I heard a 11 lot of people talk about parents. 12 Parents are the other part of the equation, 13 where they need to participate. 14 And the DMV has mandated that parents 15 sign-off on night driving before the students can 16 even take their driver's test. 17 They got to go up -- when they go to get 18 their driver's test, they have to hand that 19 certificate to the evaluator. 20 That's my understanding. 21 And they have to have, I believe it's 22 50 hours of driving time, and 15 hours of night 23 driving. 24 So, I would look at that more as a 25 partnership between the parents and the schools. 1 We can do a lot, but, the parents have to 2 help out also. 3 SENATOR FUSCHILLO: Okay, thank you. 4 Any questions or comments? 5 ASSEMBLYMAN MCDONOUGH: No. 6 Thank you. 7 SENATOR FUSCHILLO: Thank you very much for 8 your testimony. 9 Appreciate it. 10 And, this concludes our hearing. 11 I want to thank all of that you have stayed, 12 and those who have testified. 13 And, I appreciate the testimony given to the 14 committee. 15 Thank you very much. 16 17 (Whereupon, at 2:10 p.m., the public 18 hearing, held before the New York State Senate 19 Standing Committee on Transportation, concluded.) 20 21 ---oOo--- 22 23 24 25

Public Hearing to Examine What Steps New York State Can Take to Make Roads Safer and to Keep People Protected from Distracted-Driving Crashes

Transcript