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A00348 Summary:

BILL NOA00348A
 
SAME ASNo Same As
 
SPONSORPaulin (MS)
 
COSPNSRLupardo, Seawright, Burdick, Weprin
 
MLTSPNSRSimon
 
Amd §1225-c, V & T L
 
Prohibits drivers of school buses that are carrying students from using hands-free mobile telephones; provides for certain exceptions.
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A00348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         348--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, LUPARDO, SEAWRIGHT, BURDICK, WEPRIN --
          Multi-Sponsored by -- M. of A. SIMON -- read once and referred 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  drivers  of
          school  buses that are carrying students using hands-free mobile tele-
          phones
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 2 of section 1225-c of the vehicle and traffic
     2  law is amended by adding a new paragraph (e) to read as follows:
     3    (e) No driver of a school  bus  as  defined  in  section  one  hundred
     4  forty-two  of this chapter shall use a hands-free mobile telephone while
     5  operating a school bus that is carrying students except in the  case  of
     6  an  emergency  pursuant  to  paragraph  (a) of subdivision three of this
     7  section or if the school bus is parked, for purposes other than dropping
     8  off or picking up students, at the side of, or off, a public highway  in
     9  a  location where such vehicle is not otherwise prohibited from stopping
    10  by law, rule, regulation or any lawful order or direction  of  a  police
    11  officer.    This  paragraph shall not apply to the lawful use of devices
    12  designated for communication between a driver and the dispatch or school
    13  district, such as two-way radios or any other  device  exempted  by  the
    14  commissioner  of  education,  in consultation with the commissioner. The
    15  commissioner of education, in consultation with the commissioner,  shall
    16  be  authorized  to  reevaluate such exempted devices as new technologies
    17  emerge.
    18    § 2. Subdivision 3 of section 1225-c of the vehicle and  traffic  law,
    19  as  added  by  chapter  69  of  the  laws of 2001, is amended to read as
    20  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00791-02-5

        A. 348--A                           2
 
     1    3. Subdivision two of this section shall not apply to (a) the use of a
     2  mobile telephone for the sole purpose of communicating with any  of  the
     3  following regarding an emergency situation: an emergency response opera-
     4  tor;  a  hospital,  physician's  office  or  health clinic; an ambulance
     5  company  or  corps;  a fire department, district or company; or a police
     6  department, (b) any of the following persons while in the performance of
     7  their official duties: a police officer or peace officer; a member of  a
     8  fire  department,  district or company; or the operator of an authorized
     9  emergency vehicle as defined in section one hundred one of this chapter,
    10  or (c) the use of a hands-free mobile telephone, except in the case of a
    11  driver operating a school bus pursuant to paragraph (e)  of  subdivision
    12  two of this section.
    13    § 3. This act shall take effect on the one hundred twentieth day after
    14  it  shall have become a law.  Effective immediately, the state education
    15  department and the  department  of  motor  vehicles  are  authorized  to
    16  promulgate,  amend,  or  repeal any rule or regulation necessary for the
    17  implementation of this act on or before such effective date.
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