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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
2453
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
___________
Introduced by M. of A. ORTIZ, KOON, FIELDS, SCHROEDER, GALEF, MILLMAN,
MAISEL, SCHIMEL, SPANO -- Multi-Sponsored by -- M. of A. DelMONTE --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to prohibiting the writing, sending or reading of text
messages on a mobile telephone while driving
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (d) of subdivision 1 of section 1225-c of the
2 vehicle and traffic law, as added by chapter 69 of the laws of 2001, is
3 amended and a new paragraph (h) is added to read as follows:
4 (d) "Hand-held mobile telephone" shall mean a mobile telephone OR
5 PORTABLE ELECTRONIC DEVICE with which a user engages in a call OR
6 WRITES, SENDS OR READS A TEXT MESSAGE using at least one hand, PROVIDED
7 THAT THE TERM "HAND-HELD MOBILE TELEPHONE" SHALL NOT INCLUDE
8 VEHICLE-INTEGRATED VOICE-ACTIVATED DEVICES.
9 (H) "WRITE, SEND OR READ A TEXT MESSAGE" SHALL MEAN THE MANUAL ENTRY
10 OR RETRIEVAL OF A TEXT-BASED MESSAGE COMMONLY REFERRED TO AS A TEXT
11 MESSAGE, INSTANT MESSAGE, ELECTRONIC MESSAGE OR EMAIL, TO COMMUNICATE
12 WITH ANY PERSON OR DEVICE.
13 S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section
14 1225-c of the vehicle and traffic law, as added by chapter 69 of the
15 laws of 2001, are amended to read as follows:
16 (a) Except as otherwise provided in this section, no person shall
17 operate a motor vehicle upon a public highway while using a mobile tele-
18 phone OR PORTABLE ELECTRONIC DEVICE to engage in a call OR WRITE, SEND
19 OR READ A TEXT MESSAGE while such vehicle is in motion.
20 3. Subdivision two of this section shall not apply to (a) the use of a
21 mobile telephone OR PORTABLE ELECTRONIC DEVICE for the sole purpose of
22 communicating with any of the following regarding an emergency situ-
23 ation: an emergency response operator; a hospital, physician's office or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03408-01-9
A. 2453 2
1 health clinic; an ambulance company or corps; a fire department,
2 district or company; or a police department, (b) any of the following
3 persons while in the performance of their official duties: a police
4 officer or peace officer; a member of a fire department, district or
5 company; or the operator of an authorized emergency vehicle as defined
6 in section one hundred one of this chapter, or (c) the use of a hands-
7 free mobile telephone.
8 S 3. Subdivision 4 of section 502 of the vehicle and traffic law is
9 amended by adding a new paragraph (c-3) to read as follows:
10 (C-3) "CELL PHONE SAFETY" COMPONENT. THE COMMISSIONER SHALL PROVIDE IN
11 THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION
12 A MANDATORY COMPONENT IN THE "CELL PHONE SAFETY" COMPONENT AS A PREREQ-
13 UISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE
14 OF THE COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES OF THE POTENTIAL
15 DANGERS OF DRIVING WHILE USING A CELL PHONE. FOR THE PURPOSES OF THIS
16 PARAGRAPH, "CELL PHONE" SHALL BE DEFINED AS A HAND-HELD MOBILE TELEPHONE
17 WITH WHICH A USER ENGAGES A CALL OR WRITES, SENDS OR READS A TEXT-BASED
18 COMMUNICATION USING AT LEAST ONE HAND AS DEFINED IN PARAGRAPH (H) OF
19 SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS CHAPTER.
20 THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR SUCH "CELL PHONE SAFE-
21 TY" COMPONENT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON
22 THE LAW RELATED TO DRIVING WHILE USING A CELL PHONE, THE PENALTIES FOR
23 USING A CELL PHONE WHILE DRIVING AND THE POTENTIAL DANGERS OF DISTRACTED
24 DRIVERS. IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
25 WITH LAW ENFORCEMENT PERSONNEL, HIGHWAY SAFETY OFFICIALS AND ANY OTHER
26 GROUP THE COMMISSIONER BELIEVES CAN CONTRIBUTE TO A COMPREHENSIVE STATE-
27 MENT OF THE ISSUE.
28 S 4. Paragraphs (a), (b) and (d) of subdivision 4 of section 502 of
29 the vehicle and traffic law, as amended by chapter 585 of the laws of
30 2002, are amended to read as follows:
31 (a) (i) Upon submission of an application for a driver's license, the
32 applicant shall be required to take and pass a test, or submit evidence
33 of passage of a test, with respect to the laws relating to traffic, the
34 laws relating to driving while ability is impaired and while intoxicat-
35 ed, under the overpowering influence of "Road Rage", [or] "Work Zone
36 Safety" awareness as defined by the commissioner OR "CELL PHONE SAFETY"
37 AS DEFINED BY THE COMMISSIONER, the ability to read and comprehend traf-
38 fic signs and symbols and such other matters as the commissioner may
39 prescribe, and to satisfactorily complete a course prescribed by the
40 commissioner of not less than four hours and not more than five hours,
41 consisting of classroom driver training and highway safety instruction
42 or the equivalent thereof. Such test shall include at least seven writ-
43 ten questions concerning the effects of consumption of alcohol or drugs
44 on the ability of a person to operate a motor vehicle and the legal and
45 financial consequences resulting from violations of section eleven
46 hundred ninety-two of this chapter, prohibiting the operation of a motor
47 vehicle while under the influence of alcohol or drugs. Such test shall
48 include one or more written questions concerning the devastating effects
49 of "Road Rage" on the ability of a person to operate a motor vehicle and
50 the legal and financial consequences resulting from assaulting, threat-
51 ening or interfering with the lawful conduct of another person legally
52 using the roadway. Such test shall include one or more questions
53 concerning the potential dangers to persons and equipment resulting from
54 the unsafe operation of a motor vehicle in a work zone. SUCH TEST SHALL
55 INCLUDE ONE OR MORE WRITTEN QUESTIONS RELATING TO THE HAZARDS AND LEGAL
56 CONSEQUENCES OF DRIVING WHILE USING A CELL PHONE. Such test shall be
A. 2453 3
1 administered by the commissioner. The commissioner shall cause the
2 applicant to take a vision test and a test for color blindness. Upon
3 passage of the vision test, the application may be accepted and the
4 application fee shall be payable.
5 (ii) The commissioner shall promulgate rules and regulations estab-
6 lishing eligibility standards for the taking and passing of knowledge
7 tests in other than written form.
8 (b) Upon successful completion of the requirements set forth in para-
9 graph (a) of this subdivision which shall include an alcohol and drug
10 education component as described in paragraph (c) of this subdivision, a
11 "Road Rage" awareness component as described in paragraph (c-1) of this
12 subdivision and a "Work Zone Safety" awareness component as described in
13 paragraph (c-2) of this subdivision AND A "CELL PHONE SAFETY" COMPONENT
14 AS DESCRIBED IN PARAGRAPH (C-3) OF THIS SUBDIVISION, the commissioner
15 shall cause the applicant to take a road test in a representative vehi-
16 cle of a type prescribed by the commissioner which shall be appropriate
17 to the type of license for which application is made, except that the
18 commissioner may waive the road test requirements for certain classes of
19 applicants. The commissioner shall have the power to establish a program
20 to allow persons other than employees of the department to conduct road
21 tests in representative vehicles when such tests are required for appli-
22 cants to obtain a class A, B or C license. If she chooses to do so, she
23 shall set forth her reasons in writing and conduct a public hearing on
24 the matter. She shall only establish such a program after holding the
25 public hearing.
26 (d) The commissioner shall make available for distribution upon regis-
27 tration at each location where the pre-licensing course will be given,
28 instructional handbooks outlining the content of the entire curriculum
29 of the pre-licensing course including the information required to be
30 included in the course pursuant to paragraphs (c), (c-1) [and], (c-2)
31 AND (C-3) of this subdivision. The commissioner shall also provide for
32 the additional training of the instructors necessary for the competent
33 instruction of the alcohol and drug education and "Road Rage" awareness
34 [and], "Work Zone Safety" awareness, AND "CELL PHONE SAFETY" subject
35 matters of the pre-licensing course.
36 S 5. Subsection (a) of section 2336 of the insurance law, as amended
37 by chapter 751 of the laws of 2005, is amended to read as follows:
38 (a) Any schedule of rates or rating plan for motor vehicle liability
39 and collision insurance submitted to the superintendent shall provide
40 for an appropriate reduction in premium charges for any insured for a
41 three year period after successfully completing a motor vehicle accident
42 prevention course, known as the national safety council's defensive
43 driving course, or any driver improvement course approved by the depart-
44 ment of motor vehicles as being equivalent to the national safety coun-
45 cil's defensive driving course, provided that, except as provided in
46 article twelve-C of the vehicle and traffic law, there shall be no
47 reduction in premiums for a self instruction defensive driving course or
48 a course which does not provide for actual classroom instruction for a
49 minimum number of hours as determined by the department of motor vehi-
50 cles. Such reduction in premium charges shall be subsequently modified
51 to the extent appropriate, based upon analysis of loss experience
52 statistics and other relevant factors. All such accident prevention
53 courses shall be monitored by the department of motor vehicles and shall
54 include components of instruction in "Road Rage" awareness [and], in
55 "Work Zone Safety" awareness AND "CELL PHONE SAFETY" as defined by the
56 commissioner of motor vehicles. The provisions of this section shall not
A. 2453 4
1 apply to attendance at a program pursuant to article twenty-one of the
2 vehicle and traffic law as a result of any traffic infraction.
3 S 6. Subsection (a) of section 2336 of the insurance law, as amended
4 by chapter 585 of the laws of 2002, is amended to read as follows:
5 (a) Any schedule of rates or rating plan for motor vehicle liability
6 and collision insurance submitted to the superintendent shall provide
7 for an appropriate reduction in premium charges for any insured for a
8 three year period after successfully completing a motor vehicle accident
9 prevention course, known as the national safety council's defensive
10 driving course, or any driver improvement course approved by the depart-
11 ment of motor vehicles as being equivalent to the national safety coun-
12 cil's defensive driving course, provided that in either event there
13 shall be no reduction in premiums for a self instruction defensive driv-
14 ing course or a course which does not provide for actual classroom
15 instruction for a minimum number of hours as determined by the depart-
16 ment of motor vehicles. Such reduction in premium charges shall be
17 subsequently modified to the extent appropriate, based upon analysis of
18 loss experience statistics and other relevant factors. All such accident
19 prevention courses shall be monitored by the department of motor vehi-
20 cles and shall include components of instruction in "Road Rage" aware-
21 ness [and], in "Work Zone Safety" awareness AND "CELL PHONE SAFETY" as
22 defined by the commissioner of motor vehicles. The provisions of this
23 section shall not apply to attendance at a program pursuant to article
24 twenty-one of the vehicle and traffic law as a result of any traffic
25 infraction.
26 S 7. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law, provided that the amendments to subsection
28 (a) of section 2336 of the insurance law made by section five of this
29 act shall be subject to the expiration and reversion of such subsection
30 as provided in section 5 of chapter 751 of the laws of 2005, as amended,
31 when upon such date section six of this act shall take effect.
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