What's happening
This bill prohibits pedestrians from using portable electronic devices while crossing a roadway, with exceptions for emergencies and certain officials.
Why it matters
Addresses pedestrian safety by targeting "distracted walking". The bill attempts to reduce accidents involving pedestrians who are not paying attention while crossing roads due to device use, reflecting growing concern over injuries and fatalities caused by inattentive walking.
Broad and detailed definition of 'portable electronic device' and 'using'. The law covers not just cell phones, but a wide range of devices (PDAs, laptops, gaming devices, pagers, etc.) and many forms of use—such as reading messages, browsing the web, or playing games—potentially impacting daily behaviors for many people.
Includes exceptions for emergencies and first responders. Recognizes the necessity of device use in urgent situations and exempts police, firefighters, and emergency vehicle operators, which ensures the law does not hinder legitimate emergency response or communications.
Imposes escalating fines for repeat offenses. The tiered penalty structure ($25 for a first offense, $50 within 18 months for subsequent offenses) aims to deter repeat violations without imposing excessively harsh penalties on first-time offenders.
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Who cares
Headline styles
Ban Phones While Crossing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Print number 5746a
- Amend and recommit 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 While Crossing
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5746--A
2019-2020 Regular Sessions
IN SENATE
May 14, 2019
Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting a pedestrian from using a portable electronic device while crossing a roadway
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 1158 to read as follows:
§ 1158. Use of portable electronic devices. (a) No pedestrian shall cross a roadway at any point while using any portable electronic device.
(b) For purposes of this section: 1. "Portable electronic device" shall mean any handheld mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this title, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other electronic device when used to input, write, send, receive, or read text for present or future communication.
2. "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.
(c) Subdivision (a) of this section shall not apply to: 1. the use of a portable electronic device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05834-02-9
S. 5746--A 2
ambulance company or corps; a fire department, district or company; or a police department; and
2. any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter.
(d) A violation of this section shall be punishable by a fine of twenty-five dollars upon conviction of a first violation; upon conviction of a second or subsequent violation, both of which were committed within a period of eighteen months, such violations shall be punished by a fine of fifty dollars.
§ 2. This act shall take effect immediately.
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 prohibiting a pedestrian from using a portable electronic device while crossing a roadway
Purpose or general idea of bill
Prohibits a pedestrian from using a portable electronic device while crossing a roadway. The intent of this legislation is to protect both pedestrians and drivers from serious and even fatal consequences due to distraction while using a mobile device.
Summary of provisions
Section 1. The Vehicle and Traffic Law is amended by adding a new section 1158; use of portable electronic devices. No pedestrian shall cross a roadway at any point while using any portable electronic device.
Read the full memo (846 words)
"portable electronic device" shall mean any handheld mobile telephone, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other device used to input, write, send, receive, or read text for present or future communication.
"using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or performing a command or request to access world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving email, text messages, instant messages, or other electronic data.
Section (c) of this section excludes an emergency situation: an emergen- cy response operator, hospital, a physician's office or health clinic, an ambulance company, fire department, or police department.
Section (d) states that a violation of this section shall be punishable by a fine of twenty-five dollars upon conviction of a first violation. Upon conviction of any subsequent violations, within a period of eigh- teen months, such violation shall be punishable by a fine of fifty dollars.
Justification
The proliferation of smartphones has led our Texting is one of the most common forms of communication with friends. It's the best way to stay in touch with people outside of social media, but the hard part is when people constantly text even when completing their daily errands. Walking and texting at the same time is most common to do, and it definitely can be dangerous if you aren't careful.
The use of smartphones have become a societal norm between teens and adults. The use of a smartphone or other device while travelling can be dangerous. The reason is simple; it takes away your ability to be alert. Over the last few years, with the increased usage of smartphones, statistics of accidents have skyrocketed. This past year, the National Safety Council added in "distracted walk- ing" injuries as a category for the very first time. This nonprofit group has discovered the statistics for injuries in this specific cate- gory have grown over the years as cell phone usage has increased. They found that incidents in this category were estimated to be 500 or so in year 2000, but more than 2,000+ accidents in 2011 alone. More than 80 percent of those injuries resulted in both minor and serious falls. The truth is that it has increased more than that over the last few years since 2011.
Back in 2013, a study showcased that 4,109 deaths have taken place and more than 4,432 died in 2011. More than 69,000 people in that year were injured alone. These statistics were all gathered by the National High- way Traffic Safety Administration. Another study from the Ohio State University conducted that distracted walking has caused more than two million injuries in the last few years alone.
Statistics have shown that most accidents and traffic deaths have taken place in New York, Los Angeles, and Chicago. These areas are known for having the most amounts of pedestrian accidents.
It has been proven that distraction from texting while walking can cause pedestrians to cross roads very unsafely. Not only can trips and falls occur, but even getting hit is more than just a possibility. Texting and walking causing car accidents are high up in statistics specifically for teenagers. The Safe Kids Worldwide Organization found that pedestrian deaths for teens between ages 15 to 19 now account for about 50 percent of pedestrian fatalities among those who are younger than 19.
They took that link and directed it straight to distracted walking. They discovered that one in five high schoolers were found crossing the street distracted either by texting, video games, or listening to music. Luckily enough, deaths among teens are lower in texting and walking in comparison to homicide, suicide, and those killed by driving.
An incident that took place in Philadelphia at a subway station of a man who was on his phone texting is a classic example of the dangers involved with distracted texting. He continued walking while looking at his phone and ended up falling into the train tracks on accident. Luck- ily, the train was not on its way and he successfully got out of the train tracks and lived. There are many instances of similar accidents like this that have happened.
Prior legislative history
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.