senate Bill S5656

Signed by Governor

Relates to the suspension of certain driver's licenses for violations relating to the use of mobile telephones or portable electronic devices while driving

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 31 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1039
  • 05 / Jun / 2013
    • PASSED SENATE
  • 05 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2013
    • REFERRED TO CODES
  • 05 / Jun / 2013
    • SUBSTITUTED FOR A7739
  • 05 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.63
  • 05 / Jun / 2013
    • PASSED ASSEMBLY
  • 05 / Jun / 2013
    • RETURNED TO SENATE
  • 01 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 01 / Jul / 2013
    • SIGNED CHAP.91

Summary

Relates to the suspension of certain driver's licenses for violations relating to the use of mobile telephones or portable electronic devices while driving.

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Bill Details

See Assembly Version of this Bill:
A7739
Versions:
S5656
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§510-b & 510-c, V & T L

Sponsor Memo

BILL NUMBER:S5656

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the suspension of certain driver's licenses for violations
relating to the use of mobile telephones or portable electronic
devices while driving

Purpose of the Bill: This bill would add convictions for
texting-while-driving and using a hand-held cell phone to the list of
violations for which probationary and junior license holders would
have their permit or license suspended for 60 days upon a first
conviction. For a subsequent conviction within six months of license
restoration, probationary drivers would have their license revoked for
six months and junior license holders would have their permit or
license revoked for an additional 60 days.

Summary of Provisions:

Section 1 of this bill would amend subdivision 1 of Vehicle and
Traffic Law (VTL) § 510-b to add convictions for traffic violations
committed under VTL §§ 1225-c (use of a mobile telephone) and 1225-d
(use of portable electronic devices) to the list of violations for
which a probationary license holder would have his or her license
suspended for a period of 60 days upon a first conviction and for six
months upon a subsequent conviction.

Section 2 of this bill would amend subdivision 2 of VTL § 510-c to add
convictions for traffic violations committed under VTL §§ 1225-c (use
of a mobile telephone) and 1225-d (use of portable electronic devices)
to the list of "serious traffic violations" for which a Class DJ and
MJ permit or license holder would have his or her license suspended
for a period of 60 days upon a first conviction and for an additional
60 days upon a subsequent conviction.

Section 3 of this bill provides for an immediate effective date.

Existing Law: Currently, VTL §§ 510-b and 510-c provide for the
suspension and revocation of probationary and junior licenses upon
conviction of certain specified traffic violations but not upon
convictions related to the use of mobile telephones or portable
electronic devices

Statement in Support: For young and new drivers who use cell phones
and text while driving, inattention and inexperience is a deadly
combination that puts themselves and others at risk. Currently, 43% of
teenage drivers admit that they regularly text while driving,
according to research released at a recent poster session of the
Pediatric Academic Societies.

Distracted driving is an increasing threat to highway safety. From
2005 to 2011, there has been an approximately 143% increase in cell
phone-related crashes in New York State. In 2011, there were 25,165
fatal and personal injury crashes involving distracted driving in New
York, compared to 4,628 caused by alcohol-related driving.

In July 2011, New York strengthened enforcement of
texting-while-driving violations by making the use of a portable


electronic device for activities such as texting while driving a
primary traffic offense, giving law enforcement the power to stop
motorists solely for engaging in this activity. Additionally, the
penalty for using a handheld device while driving was increased from
two to three points. Since this law was passed, there has been a 234%
increase in the number of tickets issued for texting while driving in
New York State from 2011 to 2012.

This bill continues to build upon the State's efforts to improve
highway safety by encouraging young and inexperienced drivers to keep
their eyes on the road and their hands on the wheel.

Prior Legislative History: This is a new bill.

Budget Implications: The provisions of this bill would result in no
increase costs to the State.

Effective Date: This act would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5656

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by  Sens. MARCELLINO, FUSCHILLO -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  suspen-
  sion  of  certain driver's licenses for violations relating to the use
  of mobile telephones or portable electronic devices while driving

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 510-b of the vehicle and traffic
law, as amended by chapter 403 of the laws of 2009, is amended  to  read
as follows:
  1.  A  license,  other  than  a class DJ or class MJ license, shall be
suspended, for a period of sixty days, (i) upon the first conviction  of
the  licensee  of  a violation, committed during the probationary period
provided for in subdivision four of section five  hundred  one  of  this
title,  of  any  provision of section eleven hundred twenty-nine of this
chapter, section eleven hundred eighty of this chapter or any  ordinance
or  regulation  limiting  the  speed  of motor vehicles and motorcycles,
section eleven hundred eighty-two of this chapter, [or] subdivision  one
of  section  eleven  hundred  ninety-two  of  this chapter [or], section
twelve  hundred  twelve  of  this  chapter,   SECTION   TWELVE   HUNDRED
TWENTY-FIVE-C OF THIS CHAPTER OR SECTION TWELVE HUNDRED TWENTY-FIVE-D OF
THIS  CHAPTER;  or  (ii) upon the second conviction of the licensee of a
violation, committed during the aforesaid probationary  period,  of  any
other  provision  of this chapter or of any other law, ordinance, order,
rule or regulation relating to traffic.
  S 2. Subdivision 2 of section 510-c of the vehicle and traffic law, as
amended by chapter 403 of the laws  of  2009,  is  amended  to  read  as
follows:
  2.  For purposes of this section, the term "serious traffic violation"
shall mean operating a motor vehicle in violation of any of the  follow-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12031-01-3

S. 5656                             2

ing  provisions  of  this  chapter: articles twenty-five and twenty-six;
subdivision one  of  section  six  hundred;  section  six  hundred  one;
sections  eleven  hundred eleven, eleven hundred seventy, eleven hundred
seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c),
(d)  and  (f)  of  section  eleven  hundred  eighty,  provided  that the
violation involved ten or more  miles  per  hour  over  the  established
limit; section eleven hundred eighty-two; subdivision three-a of section
twelve  hundred  twenty-nine-c  for  violations  involving use of safety
belts or seats by a child  under  the  age  of  sixteen;  and  [section]
SECTIONS  twelve hundred twelve, TWELVE HUNDRED TWENTY-FIVE-C AND TWELVE
HUNDRED TWENTY-FIVE-D of this chapter.
  S 3. This act shall take effect immediately.

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