senate Bill S1296

2013-2014 Legislative Session

Requires police accident reports to indicate whether the use of a mobile phone contributed to such vehicle accident

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jun 21, 2013 committed to rules
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.64
Jan 09, 2013 referred to transportation

Votes

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Feb 12, 2013 - Transportation committee Vote

S1296
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S1296 - Bill Details

See Assembly Version of this Bill:
A1963
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง603, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S842, A1149
2009-2010: S1547A, A4184A

S1296 - Bill Texts

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

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BILL NUMBER:S1296

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.

In New York, the use of mobile phones while driving has become all too
common. In the year following July 12,2011, more than 20,000 tickets
were written for texting while driving. On April 24, 2012, Governor
Cuomo announced that more than 65,000 drivers had been cited for using
handheld electronic devices since the beginning of the year. These
statistics show that motorists continue to use their cell phones
despite the state cell phone ban. 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 DATE: This act shall take effect 180 days after 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.

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

                                  1296

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03549-01-3

S. 1296                             2

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 after
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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