What's happening
This bill expands the definition of "in motion" for mobile phone and device use while driving to include stopped vehicles at lights, signs, or in traffic.
Why it matters
Closes a major loophole. By expanding “in motion” to include vehicles stopped at lights, stop signs, or in traffic jams, the bill makes it illegal to use a mobile device even when the car isn’t moving but isn’t parked, addressing situations previously seen as gray areas.
Potentially increases enforcement and penalties. Police will have clearer authority to issue tickets for device use whenever a vehicle is temporarily stopped in traffic, not just while it’s rolling, which may lead to more citations and stricter enforcement.
Aims to reduce distracted driving accidents. The bill targets moments when drivers might otherwise think it’s safe to check messages or use devices, potentially lowering rates of distraction-related crashes that occur in stop-and-go traffic or at intersections.
Impacts driver behavior and expectations. Drivers will need to adjust habits, understanding that “stopped at a red light” is not a safe or legal moment to use their phone, reinforcing a culture of attention behind the wheel at all times except when fully parked.
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Who cares
Drivers using mobile phones or portable electronic devices
The bill would extend the meaning of “in motion” under device-use laws to include stops at traffic lights, stop signs, railroad crossings and other traffic control devices, as well as traffic jams.
Police and traffic enforcement agencies
The bill would give officers an explicit definition treating these stopped vehicles as in motion when enforcing mobile phone and portable electronic device restrictions.
Traffic courts and attorneys handling driving violations
The new definition would govern whether a vehicle stopped in traffic or at a required stop counts as in motion in device-use cases.
Headline styles
Ban Phones at Red Lights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Phones at Red Lights
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5693
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the use of mobile phones and portable electronic devices while driving
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1225-c of the vehicle and traffic law is amended by adding a new paragraph (j) to read as follows:
(j) "While such vehicle is in motion" shall mean:
(i) any time a motor vehicle is moving;
(ii) any time a motor vehicle is stopped at a traffic light, stop sign, railroad crossing or any other traffic control device requiring a motor vehicle to stop; or
(iii) any time a motor vehicle is stopped because of heavy traffic congestion of a traffic jam.
§ 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is amended by adding a new paragraph (e) to read as follows:
(e) "While such vehicle is in motion" shall mean:
(i) any time a motor vehicle is moving;
(ii) any time a motor vehicle is stopped at a traffic light, stop sign, railroad crossing or any other traffic control device requiring a motor vehicle to stop; or
(iii) any time a motor vehicle is stopped because of heavy traffic congestion of a traffic jam.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07076-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the use of mobile phones and portable electronic devices while driving
Purpose
This legislation would provide that a motor vehicle will be considered to be in motion while stopped at traffic control devices and stop signs for purposes of mobile phones and other electronic devices.
Summary of provisions
Amends Subdivision 1 of section 1225-c and subdivision 2 of section 1225-d of the vehicle and traffic law to provide that a motor vehicle will be considered to be in motion while stopped at traffic control devices, stop signs, railroad crossings or due to heavy traffic for purposes of mobile phones and other electronic devices.
Justification
Local law enforcement has raised the issue that under the current text- ing while driving and hand held cell phone bans, the definition of "while such vehicle is in motion" does not adequately cover a driver who is using their electronic device or cellular phone while at a traffic control device, stop sign or traffic congestion. This legislation seeks to fix this problem with the current law by providing that a motor vehi- cle will be considered to be in motion while stopped at traffic control devices, stop signs, railroad crossings or due to heavy traffic for purposes of enforcing the ban on mobile phones and other electronic devices while driving.
Fiscal implications
None.
Effective date
60 days after enactment
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.