NY State Senate Bill 2021-S1316

Senate Bill S1316

2021-2022 Legislative Session

Prohibits the use of a hands-free mobile telephone by operators of motor vehicles who hold a learner's permit or a class DJ or MJ license

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 11, 2021	referred to transportation

co-Sponsors

2021-S1316 (ACTIVE) - Details

See Assembly Version of this Bill:: A3209
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1225-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S604
2011-2012: S948, A9616
2013-2014: S1511, A2723
2015-2016: S383, A6383
2017-2018: S1257, A3881
2019-2020: S2980, A1376
2023-2024: A1421

2021-S1316 (ACTIVE) - Summary

Prohibits the use of hands-free mobile telephones by operators of motor vehicles who hold learner's permits or class DJ or class MJ licenses.

2021-S1316 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1316

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
the use of mobile telephones by operators of motor vehicles who hold
learner's permits

 
PURPOSE:

This bill would prohibit the use of mobile telephones by operators of
motor vehicles who hold learner's permits or a class DJ or MJ license.

 
SUMMARY OF PROVISIONS:

Amends subdivision 3 and 4 of section 1225-c of the vehicle and traffic
law, as added by chapter 69 of the laws of 2001 to prohibit the use of
mobile telephones, even hands-free mobile telephones, by operators of
motor vehicles who hold learner's permits or a class DJ or MJ license.

 
JUSTIFICATION:

The National Transportation Safety Board reports that young drivers make
up just seven percent of the driving population, but are involved in 15
percent of the fatal crashes.

Young and/or inexperienced drivers, holding only a learner's permit cr a
class DJ or MJ license, are behind the wheel for one purpose, to learn
how to safely operate a vehicle. These drivers need their full attention
on the road and the task of becoming a responsible driver.

The Safety Board has long been concerned with the issues of distracted
driving and novice drivers. The Board recommended to all States to
prohibit holders of learner's permits from using wireless mobile tele-
phones while driving. This bill takes the necessary step of taking this
unnecessary distraction out of the hands of drivers possessing only a
learner's permit or a class DJ or MJ license.

 
LEGISLATIVE HISTORY:

S.2980 of 2019/20
S.1257 OF 2017/18
S.383 of 2015/16

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S1316 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1316
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens.  GAUGHRAN, BOYLE, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
   the use of mobile telephones by operators of motor vehicles  who  hold
   learner's permits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 1225-c of the  vehicle  and
 traffic  law,  subdivision  3 as added by chapter 69 of the laws of 2001
 and subdivision 4 as amended by section 6 of part B of chapter 55 of the
 laws of 2014, are 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, PROVIDED, HOWEVER, THAT
 THE  USE  OF  A  HANDS-FREE  MOBILE TELEPHONE SHALL BE PROHIBITED FOR AN
 OPERATOR OF A MOTOR VEHICLE WHO IS A HOLDER OF A LEARNER'S PERMIT  OR  A
 CLASS DJ OR CLASS MJ LICENSE.
   4.  A  violation  of  subdivision  two OR PARAGRAPH (C) OF SUBDIVISION
 THREE of this section shall be a traffic infraction and shall be punish-
 able by a fine of not less than fifty dollars nor more than two  hundred
 dollars  upon  conviction  of  a  first  violation; upon conviction of a
 second violation, both of which were committed within a period of  eigh-
 teen months, such violation shall be punished by a fine of not less than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00840-01-1

 S. 1316                             2
 
 fifty  dollars  nor more than two hundred fifty dollars; upon conviction
 of a third or subsequent violation, all of which were committed within a
 period of eighteen months, such violation shall be punished by a fine of
 not less than fifty dollars nor more than four hundred fifty dollars.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1316

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Sponsored By

James Gaughran