The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    130
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, LUPARDO, ZEBROWSKI, SEAWRIGHT, BURDICK --
   Multi-Sponsored  by -- M. of A. SIMON -- read once and referred 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
 A. 130                              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.