Senate Bill S8021

                                 
BILL NUMBER: S8021

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to drivers of
buses, taxis and livery vehicles using hands-free mobile telephones

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend subdivision 2 of section 1225-c of the vehicle and traffic law
to ban drivers of buses, liveries or taxis from using hands-free mobile
telephone devices 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 the purposes
other than dropping 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.

 
SUMMARY OF PROVISIONS:
              

Section one of the bill amends subdivision 2 of section 1225-c of the
vehicle and traffic law to ban drivers of buses, liveries or taxis from
using hands-free mobile telephone devices while operating a moving bus
or motor vehicle.

Section two provides that the hands-free mobile device exemption in
subdivision 3 of 1225-c shall not apply to drivers operating a bus, taxi
or livery.

Section three provides that this act shall take effect on the sixtieth
day after it shall have become a law.

 
JUSTIFICATION:

Taxi, livery and bus drivers in New York State should be banned from
using hands-free mobile telephones While operating buses and motor vehi-
cles, except in cases of emergencies, dispatch or when the vehicles are
lawfully parked on the side of the road. Currently, under New York State
Law, drivers are prevented only from speaking on hand-held mobile tele-
phones while driving. While hands-free mobile telephones allow a driv-
er's hands to remain on the wheel, the hands-free mobile telephones
still do not prevent the distraction that mobile telephones cause. New
York must ban hands-free mobile telephones for all drivers operating
buses, taxis and livery except in cases of emergency, dispatch or when
legally pulled to the side of the road.

Safety is paramount. It is vital for taxi, livery and bus drivers to be
alert and focus their whole attention on the road as well as on the
passengers. It is accepted that hand-held cellphone use is unsafe, but
there is increasing evidence that using a hands-free mobile telephone
can also be extremely distracting to drivers. See Drews, Frank A., Pasu-
pathi, Monisha, Strayer, David L., "Passenger and Cellphone Conversa-
tions in Simulated Driving," Journal of Experimental Psychology:
Applied, Vol, 14 (4), Dec 2.008,- 392-400).  See also Krauss, Gabrielle,
"Cellphone use causes over 1 in 4 car accidents," USA Today, March 28,
2014. Speaking on a hands-free mobile telephone can interfere with
concentration, which may affect driving and may have potentially disas-
trous results on a bus or hired vehicle passenger is in need of atten-
tion. It is the job of the drivers to transport passengers safely and to
maintain their security, and so the distraction of hands-free mobile
telephones should be removed.

We must take all measures possible to make our roadways safe and to
ensure the secure transport of our citizens. Only in specific cases of
emergency, in the course of dispatch or when pulled over to the side of
the road should a driver be allowed to use a mobile telephone with a
hands-free device. Banning the use of hands-free mobile telephones while
operating buses, taxis and livery will result in safer transportation
for all individuals in New York State.

 
PRIOR LEGISLATIVE HISTORY:

A3498, 2019 and 2020, referred to transportation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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