BILL NUMBER:  S4808

 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 :

              

{1} In a report entitled Crashes Involving Cell Phones: Challenges of
Collecting and Reporting Reliable Crash Data from the National Safety
Council states:

Details from police fatal crash reports are included in the National
Highway Traffic Safety Administration's (NHTSA) Fatality Analysis
Reporting System (FARS), which is the nation's statistics database of
fatal motor vehicle crashes and the factors contributing to them.
There are wide-ranging, negative ramifications to safety if a fatal
crash factor is substantially under-reported, as appears to be the
case with cell phone use in crashes.

The report also says that FARS data have widespread influence
regarding national and state prevention priorities, funding, media
attention, legislation and vehicle and roadway engineering.

The report also enumerates the scope of the problem:

*There is no reliable method to accurately determine how many crashes
involve cell phone use;

*Police must rely on self-reporting by drivers which is not possible
when drivers are not forthcoming, injured, or deceased;

*Witness memories and statements are not always reliable or accurate;

*If a more obvious violation such as speeding, lane departure, alcohol
or drug impairment is identified, police may not report cell phone
use;

*Even if cell phone use is identified as a contributing factor later,
accident reports may not be updated;

*Cell phone records may be difficult to obtain;

*If cell phone records are obtained, data must align with precise
moment of the crash - a moment which is not always known;



*As long as reliance on driver admission is a factor, national
statistics and reports can never represent the true scope of the
problem.

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.{2} In April 2016, the governor's office
reported that "texting tickets have dramatically increased each year
since 2011. In 2015, there were a combined 216,748 distracted driving
tickets handed out, down from 242,000 the year before, however,
texting and driving tickets increased to 84,720 vs. 76,212 in 2014.
There has been and 840 percent increase in tickets for texting in New
York State since 2011, the governor's office said, citing "the
proliferation of smartphones."

Preliminary numbers for 2015 already show that the number of tickets
issued by State Police and local law enforcement for texting are up
over 2014, and have dramatically increased each year since 2011.

Tickets Issued by State and
Local Law EnforcementÑ2011Ñ2012Ñ2013Ñ2014Ñ2015

Cell phone ticketsÑ248,540Ñ217,192Ñ208,472Ñ165,087Ñ132,028

Texting ticketsÑ9,015Ñ30,307Ñ55,692Ñ76,212Ñ84,720

Total distracted driving
tickets (cell phone
and texting combined)Ñ257,555Ñ247,499Ñ264,164Ñ241,299Ñ216,748

In  2014,  more  than  48,000 police-reported crashes statewide listed
"driver inattention/ distraction"  as  a  contributing  factor.  While
drivers  can  be  distracted by many factors, text messaging is one of
the most alarming distractions because it requires visual, manual, and
cognitive attention from the driver. According  to  a  report  by  the
National  Highway  Traffic Safety Administration (NHTSA), looking away
for two or more seconds will double the risk of a crash or near crash.
However, five seconds is the average amount of time  a  driver's  eyes
are  off  the road while texting; when traveling at 55 miles per hour,
that  is  enough  time  to  cover  the  length  of  a  football  field
blindfolded.

Funding  to  police  agencies  for Operation Hang Up and other special
initiatives is provided by the Governor's  Traffic  Safety  Committee,
which  provides  grants  to the New York State Police and local police
agencies to combat distracted and impaired driving, speeding and other
targeted enforcement activities.

This legislation  would  provide  accurate  statistical  gathering  on
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.
{1)  Report  based  on   FARS   data   collected   during   2009-2011,
http://www.nsc.org/Distracted       Driving       Documents/NSC-Under-
Reporting-White-Paper.pdf, downloaded 1/25/17
{2}        NYS         website,         April         8,         2016,
https://www.govemor.ny.govinews/govemor
-cuomo-announces840-percent-increase-tickets
-texting-while-driving-201, downloaded 1/25/2017