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Assembly Bill A9802

2009-2010 Legislative Session

Makes use of a portable electronic device while driving a primary offense and creates a cell phone safety component to the pre-licensing course

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Archive: Last Bill Status - In Assembly Committee

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2009-A9802 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1225-d & 502, V & T L; amd §2336, Ins L

2009-A9802 (ACTIVE) - Summary

Makes use of a portable electronic device while driving a primary offense and creates a cell phone safety component to the pre-licensing course.

2009-A9802 (ACTIVE) - Sponsor Memo

2009-A9802 (ACTIVE) - Bill Text download pdf 

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

                                  9802

                          I N  A S S E M B L Y

                            January 28, 2010
                               ___________

Introduced  by M. of A. QUINN -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
  relation to making use of a portable electronic device while driving a
  primary  offense  and  creating  a  cell phone safety component to the
  pre-licensing course

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

  Section  1. Subdivision 6 of section 1225-d of the vehicle and traffic
law, as added by chapter 403 of the laws of 2009, is amended to read  as
follows:
  6. A violation of this section shall be a traffic infraction and shall
be  punishable  by  a fine of not more than one hundred [fifty] dollars.
[Provided, however, that a summons for  operating  a  motor  vehicle  in
violation  of this section shall only be issued when there is reasonable
cause to believe that  the  person  operating  such  motor  vehicle  has
committed  a  violation of the laws of this state other than a violation
of this section.]
  S 2. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
amended by adding a new paragraph (c-3) to read as follows:
  (C-3) "CELL PHONE SAFETY" COMPONENT. THE COMMISSIONER SHALL PROVIDE IN
THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION
A  MANDATORY COMPONENT IN THE "CELL PHONE SAFETY" COMPONENT AS A PREREQ-
UISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE.  THE  PURPOSE
OF  THE  COMPONENT  IS TO EDUCATE PROSPECTIVE LICENSEES OF THE POTENTIAL
DANGERS OF DRIVING WHILE USING A CELL PHONE. FOR THE  PURPOSES  OF  THIS
PARAGRAPH, "CELL PHONE" SHALL BE DEFINED AS A HAND-HELD MOBILE TELEPHONE
WITH  WHICH A USER ENGAGES A CALL OR WRITES, SENDS OR READS A TEXT-BASED
COMMUNICATION USING AT LEAST ONE HAND AS DEFINED  IN  PARAGRAPH  (B)  OF
SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER.
THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR SUCH "CELL PHONE SAFE-
TY" COMPONENT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON
THE  LAW  RELATED TO DRIVING WHILE USING A CELL PHONE, THE PENALTIES FOR
USING A CELL PHONE WHILE DRIVING AND THE POTENTIAL DANGERS OF DISTRACTED

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

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