STATE OF NEW YORK
________________________________________________________________________
1257
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
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Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
the use of mobile telephones by operators of motor vehicles who hold
learner's permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 1225-c of the vehicle and
2 traffic law, subdivision 3 as added by chapter 69 of the laws of 2001
3 and subdivision 4 as amended by section 6 of part B of chapter 55 of the
4 laws of 2014, are amended to read as follows:
5 3. Subdivision two of this section shall not apply to (a) the use of a
6 mobile telephone for the sole purpose of communicating with any of the
7 following regarding an emergency situation: an emergency response opera-
8 tor; a hospital, physician's office or health clinic; an ambulance
9 company or corps; a fire department, district or company; or a police
10 department, (b) any of the following persons while in the performance of
11 their official duties: a police officer or peace officer; a member of a
12 fire department, district or company; or the operator of an authorized
13 emergency vehicle as defined in section one hundred one of this chapter,
14 or (c) the use of a hands-free mobile telephone, provided, however, that
15 the use of a hands-free mobile telephone shall be prohibited for an
16 operator of a motor vehicle who is a holder of a learner's permit or a
17 class DJ or class MJ license.
18 4. A violation of subdivision two or paragraph (c) of subdivision
19 three of this section shall be a traffic infraction and shall be punish-
20 able by a fine of not less than fifty dollars nor more than two hundred
21 dollars upon conviction of a first violation; upon conviction of a
22 second violation, both of which were committed within a period of eigh-
23 teen months, such violation shall be punished by a fine of not less than
24 fifty dollars nor more than two hundred fifty dollars; upon conviction
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05467-01-7
S. 1257 2
1 of a third or subsequent violation, all of which were committed within a
2 period of eighteen months, such violation shall be punished by a fine of
3 not less than fifty dollars nor more than four hundred fifty dollars.
4 § 2. This act shall take effect on the sixtieth day after it shall
5 have become a law.
