NY State Senate Bill 2009-S1547

Senate Bill S1547

2009-2010 Legislative Session

Requires police accident reports to indicate whether a mobile phone was in use at the time of such vehicle accident

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	advanced to third reading
Feb 01, 2010	2nd report cal.
Jan 26, 2010	1st report cal.56
Jan 06, 2010	referred to transportation returned to senate died in assembly
Mar 25, 2009	referred to transportation delivered to assembly passed senate
Mar 19, 2009	amended on third reading 1547a
Feb 26, 2009	advanced to third reading
Feb 25, 2009	2nd report cal.
Feb 24, 2009	1st report cal.59
Feb 02, 2009	referred to transportation

Votes

- Mar 25, 2009 - Floor Vote
  S1547
  
  46
  
  Aye
  
  12
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 25, 2009
      
      aye (46)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Libous
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      nay (12)
      
      DeFrancisco
      
      Flanagan
      
      Johnson
      
      Lanza
      
      Larkin
      
      Leibell
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Seward
      
      Winner
      
      absent (1)
      
      Hannon
      
      excused (3)
      
      Alesi
      
      Farley
      
      Saland
  Jan 26, 2010 - Transportation Committee Vote
  S1547
  
  14
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jan 26, 2010
      
      aye (14)
      
      Addabbo Jr.
      
      Aubertine
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Lanza
      
      Libous
      
      Perkins
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (3)
      
      Diaz
      
      Johnson
      
      Larkin
      
      aye wr (2)
      
      Nozzolio
      
      Robach

Bill Amendments

Original

A (Active)

2009-S1547 - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: S842
2013-2014: S1296
2015-2016: S3157
2017-2018: S4808

2009-S1547 - Summary

Requires police accident reports to indicate whether a mobile phone was in use at the time of such vehicle accident.

2009-S1547 - Sponsor Memo

                                 BILL NUMBER:  S1547

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
accident reports to indicate whether the use of a mobile phone
contributed to the accident


 PURPOSE :
To allow police, the Department of Motor Vehicles and private
researchers the ability to gather information more effectively
regarding the relationship between automobile accidents and the use of
mobile telephones in New York State.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends subdivision 1 of section 603 of the vehicle and
traffic law as amended by chapter 432 of the laws of 1997. This bill
provides that every automobile accident report prepared by a police or
judicial officer distinctly indicates whether a mobile telephone was
present in any of the vehicles involved, and whether the use of such
phone is known or suspected as a contributing cause of the accident.

 JUSTIFICATION :
Individuals distracted by the use of a mobile phone while operating a
motor vehicle have become an increasing cause of automobile accidents
on the roads of this state. Past reports from the University of

Toronto and the Rochester Institute of Technology have determined that
driving while using a mobile phone increases the risk of having an
accident by 400% and drivers with mobile phones run an eleven-fold
risk of being killed behind the wheel.  As use of mobile phones
increases, the accident statistics have increased as well.

The severity of this situation is obscured by the fact that there are
no accurate statistics for determining the correlation between mobile
phones, and automobile accidents in New York State. The Rochester
Institute of Technology report relied on data recorded in Oklahoma,
which requires the reporting of the presence of mobile phones in
vehicles involved in an accident. This legislation would require that
the same information be included in official accident reports in New
York State. In addition, the report must state whether it is known or
suspected that a mobile phone was a cause of such accident. As a
result, the police, the Department of Motor Vehicles and private
researchers will have a more accurate source of data regarding
accidents in which mobile phones were involved in New York State.
Such information may be used to support proposed measures to help
effectively prevent more automobile accidents.

 LEGISLATIVE HISTORY :
Previously introduced.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect 180 days from the date it shall have become
law, provided, however. any rules or regulations necessary for the
implementation of the provisions of this act on its effective date
shall be promulgated on or before such date.

2009-S1547 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S1547A (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: S842
2013-2014: S1296
2015-2016: S3157
2017-2018: S4808

2009-S1547A (ACTIVE) - Summary

Requires police accident reports to indicate whether a mobile phone was in use at the time of such vehicle accident.

2009-S1547A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1547A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
accident reports to indicate whether a mobile phone was in use at the
time of the accident


 PURPOSE :
To allow police, the Department of Motor Vehicles and private
researchers the ability to gather information more effectively
regarding the relationship between automobile accidents and the use of
mobile telephones in New York State.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends subdivision 1 of section 603 of the vehicle and
traffic law as amended by chapter 432 of the laws of 1997. This bill
provides that every automobile accident report prepared by a police or
judicial officer distinctly indicates whether a mobile telephone was
in use at the time of said accident.

 JUSTIFICATION :
Individuals distracted by the use of a mobile phone while operating a
motor vehicle have become an increasing cause of automobile accidents
on the roads of this state. Past reports from the university of
Toronto and the Rochester Institute of Technology have determined that

driving while using a mobile phone increases the risk of having an
accident by 400% and drivers with mobile phones run an eleven-fold
risk of being killed behind the wheel. As use of mobile phones
increases. the accident statistics have increased as well. While New
York has outlawed the use of hand held mobile phones while driving,
this legislation will allow the state to determine the efficacy of the
cell phone ban legislation.

The severity of this situation is obscured by the fact that there are
no accurate statistics for determining the correlation between mobile
phones, and automobile accidents in New York state. The Rochester
Institute of Technology report relied on data recorded in Oklahoma,
which requires the reporting of the presence of mobile phones in
vehicles involved in an accident. This legislation would require that
the same information be included in official accident reports in New
York State. In addition, the report must state whether it is known or
suspected that a mobile phone was a cause of such accident. As a
result, the police, the Department of Motor Vehicles and private
researchers will have a more accurate source of data regarding
accidents in which mobile phones were involved in New York State.
Such information may be used to support proposed measures to help
effectively prevent more automobile accidents.

 LEGISLATIVE HISTORY :
Previously introduced.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE PATE :
This act shall take effect 180 days from the date it shall have become
law, provided, however, that any rules or regulations necessary for
the implementation of the provisions of this act on its effective date
shall be promulgated on or before such date.

2009-S1547A (ACTIVE) - Bill Text download pdf

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

                                 1547--A
    Cal. No. 59

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. STAVISKY, ADAMS, DIAZ, HUNTLEY, C. JOHNSON, ONORATO,
  SAMPSON,  SERRANO  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Transportation -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  accident reports to indicate whether a mobile phone was in use at  the
  time of the accident

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

  Section 1. Subdivision 1 of section 603 of  the  vehicle  and  traffic
law,  as  amended by chapter 432 of the laws of 1997, is amended to read
as follows:
  1. Every police or judicial officer to whom an accident  resulting  in
injury  to  a person shall have been reported, pursuant to the foregoing
provisions of this chapter, shall immediately investigate the facts,  or
cause  the same to be investigated, and report the matter to the commis-
sioner forthwith; provided, however, that the report of the accident  is
made  to  the  police officer or judicial officer within five days after
such accident. Every coroner, or other official  performing  like  func-
tions,  shall likewise make a report to the commissioner with respect to
all deaths found to have been the result of motor vehicle or  motorcycle
accidents.    Such  report  shall  include  information on the width and
length of trucks, tractors, trailers  and  semitrailers,  which  are  in
excess  of ninety-five inches in width or thirty-four feet in length and
which are involved in such accidents, whether such accident  took  place
in  a  work area and whether it was being operated with an overweight or
overdimension permit.  Such report shall distinctly indicate and include
information as to whether the inflatable restraint system  inflated  and
deployed.  SUCH REPORT SHALL DISTINCTLY INDICATE AND INCLUDE INFORMATION

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

                                                           LBD04960-02-9

S. 1547--A                          2

AS TO WHETHER A MOBILE TELEPHONE, AS SUCH TERM IS DEFINED  IN  PARAGRAPH
(A)  OF  SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS
CHAPTER, WAS IN USE AT THE TIME OF SAID ACCIDENT. Nothing  contained  in
this  subdivision  shall  be  deemed  to  preclude a police officer from
reporting any other accident which, in the judgment of such police offi-
cer, would be required to be reported to the commissioner by the  opera-
tor of a vehicle pursuant to section six hundred five of this article.
  S  2. This act shall take effect on the one hundred eightieth day from
the date it shall have become a law, provided,  however,  any  rules  or
regulations  necessary  for the implementation of the provisions of this
act on its effective date shall be promulgated on or before such date.

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