•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A02874 Summary:

BILL NOA02874
 
SAME ASSAME AS S00891
 
SPONSORPaulin
 
COSPNSRFahy, Santabarbara, Taylor, McDonough, DeStefano
 
MLTSPNSR
 
Amd §1225-c, V & T L
 
Prohibits drivers of a bus, taxi or livery from using hands-free mobile telephones; provides for certain exceptions.
Go to top    

A02874 Actions:

BILL NOA02874
 
01/27/2023referred to transportation
01/03/2024referred to transportation
Go to top

A02874 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2874
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to drivers of buses, taxis and livery vehicles using hands-free mobile telephones   PURPOSE OR GENERAL IDEA OF BILL: To amend subdivision 2 of section 1225-c of the vehicle and traffic law to ban drivers of buses, liveries or taxis from using hands-free mobile telephone devices While operating a moving bus or motor vehicle except in the case of an emergency pursuant to paragraph (a) of subdivision three of this section or if such hands-free mobile telephone is used for dispatch or if the bus or motor vehicle is parked, for the purposes other than dropping off or picking up passengers, at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.   SUMMARY OF PROVISIONS: Section one of the bill amends subdivision 2 of section 1225-c of the vehicle and traffic law to ban drivers of buses, liveries or taxis from using hands-free mobile telephone devices while operating a moving bus or motor vehicle. Section two provides that the hands-free mobile device exemption in subdivision 3 of 1225-c shall not apply to drivers operating a bus, taxi or livery. Section three provides that this act shall take effect on the sixtieth day after it shall have become a law.   JUSTIFICATION: Taxi, livery and bus drivers in New York State should be banned from using hands-free mobile telephones While operating buses and motor vehi- cles, except in cases of emergencies, dispatch or when the vehicles are lawfully parked on the side of the road. Currently, under New York State Law, drivers are prevented only from speaking on hand-held mobile tele- phones while driving. While hands-free mobile telephones allow a driv- er's hands to remain on the wheel, the hands-free mobile telephones still do not prevent the distraction that mobile telephones cause. New York must ban hands-free mobile telephones for all drivers operating buses, taxis and livery except in cases of emergency, dispatch or when legally pulled to the side of the road. Safety is paramount. It is vital for taxi, livery and bus drivers to be alert and focus their whole attention on the road as well as on the passengers. It is accepted that hand-held cellphone use is unsafe, but there is increasing evidence that using a hands-free mobile telephone can also be extremely distracting to drivers. See Drews, Frank A., Pasu- pathi, Monisha, Strayer, David L., "Passenger and Cellphone Conversa- tions in Simulated Driving," Journal of Experimental Psychology: Applied, Vol, 14 (4), Dec 2.008,- 392-400). See also Krauss, Gabrielle, "Cellphone use causes over 1 in 4 car accidents," USA Today, March 28, 2014. Speaking on a hands-free mobile telephone can interfere with concentration, which may affect driving and may have potentially disas- trous results on a bus or hired vehicle passenger is in need of atten- tion. It is the job of the drivers to transport passengers safely and to maintain their security, and so the distraction of hands-free mobile telephones should be removed. We must take all measures possible to make our roadways safe and to ensure the secure transport of our citizens. Only in specific cases of emergency, in the course of dispatch or when pulled over to the side of the road should a driver be allowed to use a mobile telephone with a hands-free device. Banning the use of hands-free mobile telephones while operating buses, taxis and livery will result in safer transportation for all individuals in New York State.   PRIOR LEGISLATIVE HISTORY: A.5101, 2021 and 2022, referred to transportation. Same as S.8021, 2022, referred to transportation. A.3498, 2019 and 2020, referred to transportation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a Law.
Go to top

A02874 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2874
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2023
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, FAHY, SANTABARBARA, TAYLOR, McDONOUGH,
          DeSTEFANO -- read once and referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  drivers  of
          buses, taxis and livery vehicles using hands-free mobile telephones

          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 bus, livery or taxi shall use a hands-free mobile
     4  telephone while operating a moving bus or motor vehicle  except  in  the
     5  case  of  an emergency pursuant to paragraph (a) of subdivision three of
     6  this section or if such hands-free mobile telephone is used for dispatch
     7  or if the bus or motor vehicle is parked, for purposes other than  drop-
     8  ping  off  or  picking  up  passengers, at the side of, or off, a public
     9  highway in a location where such vehicle  is  not  otherwise  prohibited
    10  from  stopping by law, rule, regulation or any lawful order or direction
    11  of a police officer.
    12    § 2. Subdivision 3 of section 1225-c of the vehicle and  traffic  law,
    13  as  added  by  chapter  69  of  the  laws of 2001, is amended to read as
    14  follows:
    15    3. Subdivision two of this section shall not apply to (a) the use of a
    16  mobile telephone for the sole purpose of communicating with any  of  the
    17  following regarding an emergency situation: an emergency response opera-
    18  tor;  a  hospital,  physician's  office  or  health clinic; an ambulance
    19  company or corps; a fire department, district or company;  or  a  police
    20  department, (b) any of the following persons while in the performance of
    21  their  official duties: a police officer or peace officer; a member of a
    22  fire department, district or company; or the operator of  an  authorized
    23  emergency vehicle as defined in section one hundred one of this chapter,
    24  or (c) the use of a hands-free mobile telephone, except in the case of a
    25  driver operating a bus, taxi or livery.
    26    §  3.  This  act  shall take effect on the sixtieth day after it shall
    27  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03651-01-3
Go to top