The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5101
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. PAULIN, FAHY, SANTABARBARA, TAYLOR, GALEF, GOTT-
   FRIED,  McDONOUGH,  WALCZYK,  DeSTEFANO,  GRIFFIN  --  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01968-01-1

 A. 5101                             2
 
 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.