S T A T E O F N E W Y O R K
________________________________________________________________________
348--A
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN, LUPARDO, SEAWRIGHT, BURDICK, WEPRIN --
Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to drivers of
school buses that are carrying students using hands-free mobile tele-
phones
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 THAT IS CARRYING STUDENTS 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 VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING
BY LAW, RULE, REGULATION OR ANY LAWFUL ORDER OR DIRECTION OF A POLICE
OFFICER. THIS PARAGRAPH SHALL NOT APPLY TO THE LAWFUL USE OF DEVICES
DESIGNATED FOR COMMUNICATION BETWEEN A DRIVER AND THE DISPATCH OR SCHOOL
DISTRICT, SUCH AS TWO-WAY RADIOS OR ANY OTHER DEVICE EXEMPTED BY THE
COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER. THE
COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER, SHALL
BE AUTHORIZED TO REEVALUATE SUCH EXEMPTED DEVICES AS NEW TECHNOLOGIES
EMERGE.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00791-02-5
A. 348--A 2
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
DRIVER OPERATING A SCHOOL BUS PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
TWO OF THIS SECTION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the state education
department and the department of motor vehicles are authorized to
promulgate, amend, or repeal any rule or regulation necessary for the
implementation of this act on or before such effective date.