NY State Senate Bill 2023-S76

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 04, 2023	referred to transportation

2023-S76 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1225-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8382
2019-2020: S1892
2021-2022: S2259

2023-S76 (ACTIVE) - Summary

Prohibits drivers of school buses from using hands free mobile telephones and provides for certain exceptions.

2023-S76 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S76

SPONSOR: GALLIVAN
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will preclude the use of a hands-free mobile telephone
device by a school bus driver when such driver is operating a school bus
except in the case of an emergency or when the school bus is parked
lawfully.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph (e) of subdivision (2) of section 1225-c
of the vehicle and traffic law, to prohibit school bus drivers from
speaking on a hands-free mobile telephone except in the cases of emer-
gency or being parked lawfully on the side of the road.

Section 2 of the bill amends subdivision (3) section 1225-c, to prohibit
school bus drivers from using a hands-free mobile telephone.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Currently, under New York State law, school bus drivers are prohibited
from speaking on hand-held mobile telephones while driving. However, the
use of hands-free mobile telephone devices is permitted and while the
use of such device allows a driver's hands to remain on the wheel, it
does not prevent the distraction that mobile telephones cause.

Safety is paramount. It is vital for school bus drivers to be alert and
focus their whole attention on the road as well as on the student
passengers. Speaking on a hands-free mobile telephone can interfere with
concentration, which may affect driving and may have potentially disas-
trous results on a school bus if a student on the bus is in need of
attention.

Importantly, eighteen other states including Massachusetts, New Jersey,
Rhode Island and Connecticut as well as the District of Columbia, have
recognized the distraction caused by a school bus driver's use of mobile
telephones, including hands-free mobile telephone devices, by banning
such use, according to the National Conference of State Legislatures.

It is the job of the school bus driver to transport students safely and
to maintain their security, and so the distraction of hands-free mobile
telephones should be prohibited.

 
LEGISLATIVE HISTORY:

2021-22:S.2259/A.1088 Referred to Transportation

2019-20:S.1892/A.1573 Referred to Transportation

2017-18:S.8382/A.10642 Referred to Transportation
 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This Act shall take effect in sixty days.

2023-S76 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    76
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  drivers  of
   school buses 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  SCHOOL  BUS  AS DEFINED IN SECTION ONE HUNDRED
 FORTY-TWO OF THIS CHAPTER SHALL USE A HANDS-FREE MOBILE TELEPHONE  WHILE
 OPERATING  A  SCHOOL  BUS EXCEPT IN THE CASE OF AN EMERGENCY PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION OR IF THE SCHOOL  BUS
 IS  PARKED, FOR PURPOSES OTHER THAN DROPPING OFF OR PICKING UP STUDENTS,
 AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH  VEHI-
 CLE  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00092-01-3

 S. 76                               2
 
 DRIVER  OPERATING  A SCHOOL BUS PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
 TWO OF THIS SECTION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S76

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2023-S76 (ACTIVE) - Details

2023-S76 (ACTIVE) - Summary

2023-S76 (ACTIVE) - Sponsor Memo

2023-S76 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2023-S76 (ACTIVE) - Details

2023-S76 (ACTIVE) - Summary

2023-S76 (ACTIVE) - Sponsor Memo

2023-S76 (ACTIVE) - Bill Text download pdf

Comments