S T A T E O F N E W Y O R K
________________________________________________________________________
3498
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. PAULIN, FAHY, SANTABARBARA -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to drivers of
buses, taxis and livery vehicles using hands-free mobile telephones
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 1225-c of the vehicle and traffic
law is amended by adding a new paragraph (e) to read as follows:
(E) NO DRIVER OF A BUS, LIVERY OR TAXI SHALL USE A HANDS-FREE MOBILE
TELEPHONE WHILE OPERATING A MOVING BUS OR MOTOR VEHICLE EXCEPT IN THE
CASE OF AN EMERGENCY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION OR IF SUCH HANDS-FREE MOBILE TELEPHONE IS USED FOR DISPATCH
OR IF THE BUS OR MOTOR VEHICLE IS PARKED, FOR PURPOSES OTHER THAN DROP-
PING OFF OR PICKING UP PASSENGERS, AT THE SIDE OF, OR OFF, A PUBLIC
HIGHWAY IN A LOCATION WHERE SUCH VEHICLE IS NOT OTHERWISE PROHIBITED
FROM STOPPING BY LAW, RULE, REGULATION OR ANY LAWFUL ORDER OR DIRECTION
OF A POLICE OFFICER.
§ 2. Subdivision 3 of section 1225-c of the vehicle and traffic law,
as added by chapter 69 of the laws of 2001, is amended to read as
follows:
3. Subdivision two of this section shall not apply to (a) the use of a
mobile telephone for the sole purpose of communicating with any of the
following regarding an emergency situation: an emergency response opera-
tor; a hospital, physician's office or health clinic; an ambulance
company or corps; a fire department, district or company; or a police
department, (b) any of the following persons while in the performance of
their official duties: a police officer or peace officer; a member of a
fire department, district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter,
or (c) the use of a hands-free mobile telephone, EXCEPT IN THE CASE OF A
DRIVER OPERATING A BUS, TAXI OR LIVERY.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06623-01-9