Provides that no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology

BILL NUMBER:S5576A

Title of bill

An act to amend the general business law, in relation to providing that no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology

Purpose

To ensure that every cell phone sold in New York State has at the time of sale the ability to prevent text messaging, emailing and other data transfers while the user of the cell phone is in a motor vehicle traveling at speeds of 10 miles per hour or more.

Summary of provisions

Section 1 of the bill defines "geofencing technology", "engaging in the business of selling, or leasing cell phones", "cell phone" and "cell phone retailer"; requires that geofencing technology is on all cell phones sold in New York State and activated; and establishes penalties for violation of this article.

Section 2 of the bill establishes that the effective date is January 29, 2015.

Justification

This legislation addresses what the United States Secretary of Transportation describes as an epidemic on America's roadways - distracted driving. The results are tragic preventable accidents. In 2011, 3,331 people died in accidents connected with distracted driving and an additional 387,000 people were injured in motor vehicle crashes involving distracted drivers. One of the leading causes of distracted driving is texting behind the wheel. Texting creates a crash risk 23 times worse than driving while not distracted and is now the leading cause of death for teenage drivers, surpassing drinking and driving. Although New York State does ban texting and driving, driver behavior surveys and the number of accidents and deaths attributable to distracted driving indicate that the anti-texting campaigns and laws are not having their desired effect. According to the author of one study, "regrettably, our analysis suggests that state laws do not significantly reduce teen texting while driving. Technological solutions will likely need to be developed to significantly reduce the frequency of texting while driving... phones will have to get smarter if they are to protect teens (and others) from doing dumb things." A number of technological solutions do in fact exist; however, there is no requirement to inform consumers of this technology nor is there a requirement that they be installed and operational on cell phones. This legislation remedies the situation and requires that all cell phones sold in New York State be sold with technology that prevents texting and driving.

Prior legislative history

None

Fiscal implications

None

Effective date

January 29, 2015