Bill Text: NY S00998 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to the use of portable electronic devices while driving; amends definitions relating thereto.

Spectrum: Slight Partisan Bill (Republican 10-5)

Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S00998 Detail]

Download: New_York-2011-S00998-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        998--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  MARCELLINO,  FUSCHILLO,  GOLDEN, JOHNSON, LARKIN,
         LAVALLE, MAZIARZ, RANZENHOFER,  VALESKY  --  read  twice  and  ordered
         printed,  and  when printed to be committed to the Committee on Trans-
         portation -- 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 the use of
         portable electronic devices while driving
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 1 and 2 of section 1225-c of the vehicle and
    2  traffic law, as added by chapter 69 of the laws of 2001, are amended  to
    3  read as follows:
    4    1. For purposes of this section, the following terms shall mean:
    5    (a)  "Mobile  telephone" shall mean the device used by subscribers and
    6  other users of wireless telephone service to access such service.
    7    (b) "Wireless telephone service" shall mean two-way  real  time  voice
    8  telecommunications  service  that is interconnected to a public switched
    9  telephone network and is provided by a commercial mobile radio  service,
   10  as such term is defined by 47 C.F.R. S 20.3.
   11    (c) ["Using" shall mean holding a mobile telephone to, or in the imme-
   12  diate proximity of, the user's ear.
   13    (d)]  "Hand-held  mobile telephone" shall mean a mobile telephone with
   14  which a user engages in a call using at least one hand.
   15    [(e)] (D) "Hands-free mobile telephone" shall mean a mobile  telephone
   16  that  has  an  internal feature or function, or that is equipped with an
   17  attachment or addition, whether or not permanently part of  such  mobile
   18  telephone,  by  which a user engages in a call without the use of either
   19  hand[, whether or not the use of either hand is necessary  to  activate,
   20  deactivate or initiate a function of such telephone.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04426-02-1
       S. 998--A                           2
    1    (f) "Engage in a call" shall mean talking into or listening on a hand-
    2  held  mobile telephone, but shall not include holding a mobile telephone
    3  to activate, deactivate or initiate a function of such telephone.
    4    (g)  "Immediate  proximity"  shall  mean  that distance as permits the
    5  operator of a mobile telephone to  hear  telecommunications  transmitted
    6  over  such mobile telephone, but shall not require physical contact with
    7  such operator's ear].
    8    2. (a) Except as otherwise provided in this section, no  person  shall
    9  operate  a  motor  vehicle  upon  a public highway [while using a mobile
   10  telephone to engage in a call]  TALKING  INTO,  LISTENING  TO,  DIALING,
   11  ACTIVATING,  DEACTIVATING  OR  INITIATING  ANY  FUNCTION  OF A HAND-HELD
   12  MOBILE PHONE while such vehicle is in motion.
   13    (b) [An operator of a motor vehicle who holds a mobile  telephone  to,
   14  or in the immediate proximity of his or her ear while such vehicle is in
   15  motion  is  presumed to be engaging in a call within the meaning of this
   16  section. The presumption established by this subdivision  is  rebuttable
   17  by evidence tending to show that the operator was not engaged in a call.
   18    (c)]  The provisions of this section shall not be construed as author-
   19  izing the seizure or forfeiture of a mobile telephone, unless  otherwise
   20  provided by law.
   21    S  2.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
   22  as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
   23  follows:
   24    6. A violation of this section shall be a traffic infraction and shall
   25  be  punishable  by  a  fine  of not more than one hundred fifty dollars.
   26  [Provided, however, that a summons for  operating  a  motor  vehicle  in
   27  violation  of this section shall only be issued when there is reasonable
   28  cause to believe that  the  person  operating  such  motor  vehicle  has
   29  committed  a  violation of the laws of this state other than a violation
   30  of this section.]
   31    S 3. This act shall take effect immediately.