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.
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