Requires police accident reports to indicate whether the use of a mobile phone contributed to such vehicle accident

1 Co-sponsor

• Tony Avella

BILL NUMBER:S1296

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring accident reports to indicate whether a mobile phone was in use at the time of the accident

Purpose

To allow police, the Department of Motor Vehicles and private researchers the ability to gather information more effectively regarding the relationship between automobile accidents and the use of mobile telephones in New York State.

Summary of specific provisions

This bill amends subdivision 1 of section 603 of the vehicle and traffic law as amended by chapter 432 of the laws of 1997. This bill provides that every automobile accident report prepared by a police or judicial officer distinctly indicates whether a mobile telephone was in use at the time of said accident.

Justification

Individuals distracted by the use of a mobile phone while operating a motor vehicle have become an increasing cause of automobile accidents on the roads of this state. Past reports from the University of Toronto and the Rochester Institute of Technology have determined that driving while using a mobile phone increases the risk of having an accident by 400% and drivers with mobile phones run an eleven-fold risk of being killed behind the wheel. As use of mobile phones increases, the accident statistics have increased as well.

In New York, the use of mobile phones while driving has become all too common. In the year following July 12,2011, more than 20,000 tickets were written for texting while driving. On April 24, 2012, Governor Cuomo announced that more than 65,000 drivers had been cited for using handheld electronic devices since the beginning of the year. These statistics show that motorists continue to use their cell phones despite the state cell phone ban. This legislation will allow the state to determine the efficacy of the cell phone ban legislation.

The severity of this situation is obscured by the fact that there are no accurate statistics for determining the correlation between mobile phones, and automobile accidents in New York State. The Rochester Institute of Technology report relied on data recorded in Oklahoma, which requires the reporting of the presence of mobile phones in vehicles involved in an accident. This legislation would require that the same information be included in official accident reports in New York State. In addition, the report must state whether it is known or suspected that a mobile phone was a cause of such accident. As a result, the police, the Department of Motor Vehicles and private researchers will have a more accurate source of data regarding accidents in which mobile phones were involved in New York State. Such information may be used to support proposed measures to help effectively prevent more automobile accidents.

Legislative history

Previously introduced.

Fiscal implications

None.

Effective date

This act shall take effect 180 days after it shall have become law, provided, however, that any rules or regulations

necessary for the implementation of the provisions of this act on its effective date shall be promulgated on or before such date.