Public Hearing - February 13, 2012
1
2 BEFORE THE NEW YORK STATE SENATE
STANDING COMMITTEE ON LOCAL TRANSPORTATION
3 --------------------------------------------------
4 PUBLIC HEARING
5 TO EXAMINE WHAT STEPS NEW YORK STATE CAN TAKE
TO MAKE ROADS SAFER AND TO KEEP PEOPLE PROTECTED
6 FROM DISTRACTED-DRIVING CRASHES
7 -----------------------------------------------------
8 Legislative Office Building
Van Buren Hearing Room A - 2nd Floor
9 Albany, New York
10 February 13, 2012
10:00 a.m. to 2:00 p.m.
11
12 PRESIDING:
13 Senator Charles J. Fuschillo, Jr.
Chair
14
15 SENATE MEMBERS PRESENT:
16 Senator Ruben Diaz
17 Senator Owen H. Johnson
18 Senator William J. Larkin, Jr.
19 Senator William Perkins
20 Senator Lee M. Zeldin
21
22 ASSEMBLY MEMBERS PRESENT:
23 Assemblyman David G. McDonough (RM)
NYS Assembly Standing Committee on Transportation
24
25
2
1
SPEAKERS: PAGE QUESTIONS
2
Christopher A. Hart 6 16
3 Vice Chairman
Danielle Robert
4 Office of Advocacy
National Transportation Safety Board
5
Barbara Fiala 33 40
6 Commissioner
New York State Dept. of Motor Vehicles
7 Also, Chair, Governor's
Traffic Safety Committee
8 David (no last name identified)
No position identified
9 New York State Dept. of Motor Vehicles
10 Joseph D'Amico 49 60
Superintendent
11 New York State Police
12 Jacy Good 68
Board Member
13 FocusDriven
14 John Corlette 80 86
Legislative Director
15 AAA New York State
16 Dr. James Hedlund 89 101
Principal
17 Highway Safety North
18 Wayne Weikel 103 113
Director of State Affairs
19 Alliance of Automobile Manufacturers
20 Kevin Ro 103 113
Director of Technical & Regulatory
21 Affairs, Vehicle Safety Group
Toyota Motor North America, Inc.
22
Alfred Vigna 115 124
23 Driver Education & Technology Teacher
NYS Driver Education Traffic
24 Safety Association
25 ---oOo---
3
1 SENATOR FUSCHILLO: Thank you very much for
2 being here today.
3 I'm going to try to attempt to read this
4 without my glasses, so, if I say something the DMV
5 may not like, it's just because I don't have my
6 glasses on.
7 Before we begin today, let me just take this
8 opportunity, first of all, to thank everybody who's
9 attending; and, also, those who appear before the
10 Committee and offer their expertise and testimony.
11 We're here today to discuss a very real and
12 dangerous problem that's facing everyone on our
13 roadways, and that's distracted driving.
14 Evolving technology has greatly enhanced our
15 ability to communicate. Smartphones, BlackBerries,
16 and other wireless electronic devices allow us to
17 connect to people and information almost
18 instantaneously. However, using these devices
19 behind the wheel of a car possesses a serious safety
20 risk.
21 Drivers using cell phones fail to see up to
22 50 percent of information in their driving
23 environment, according to the National Safety
24 Council.
25 Other research has indicated that impairment
4
1 of using a cell phone while driving can be as
2 profound as driving drunk with a .08 blood-alcohol
3 level.
4 Texting or e-mailing while driving creates a
5 risk -- crash risk 23 times worse than driving while
6 not distracted. Research has shown that sending or
7 receiving text messages takes the driver's eyes off
8 the roads for an average of 4.6 seconds. That's the
9 equivalent of driving 55 miles per hour down the
10 length of an entire football field, blindfolded.
11 We've seen all cars -- we've all seen cars
12 swerving and driving erratically because the driver
13 was paying more attention to a phone call, text
14 message, or an e-mail instead of the road. This can
15 have deadly consequences as we know.
16 One of today's speakers was seriously
17 injured, and lost her parents, in a crash caused by
18 a distracted driving.
19 For too many other families -- far too many
20 other families know her pain. Every day, more than
21 15 people are killed, and over 1,200 people are
22 injured in distracted-driving crashes, according to
23 the Center for Disease Control.
24 The National Highway Traffic Safety
25 Administration states that, in 2009 alone, over
5
1 5,400 people were killed, and an estimate of over
2 440,000 were injured, nationwide, in
3 distracted-driving crashes.
4 New York State has made great strides over
5 the years in combating distracted driving.
6 Both, texting while driving, and talking on a
7 cell phone without a hands-free device, are illegal,
8 and carry penalties that include 3 points on the
9 offender's driver's license.
10 Last year, we also took an important step of
11 making texting while driving a primary offense,
12 giving police a greater ability to enforce the state
13 texting ban -- texting-while-driving ban.
14 Following the enactment of that law, the
15 New York State Police issued at least 1,000 tickets
16 a month between July and November of 2011.
17 These are all steps in the right direction
18 but they have not completely solved the problem.
19 That's why we need to explore what else should be
20 done.
21 The National Transportation Safety Board
22 released the recommendations last December on how
23 states could better combat distracted driving.
24 Driving -- during the course of today's
25 hearing, we will gather the input on these
6
1 recommendations and potential steps New York State
2 can take to prevent distracted driving.
3 I would like to introduce my colleagues.
4 To my left is Assemblyman Dave McDonough,
5 the ranking member of the Transportation Committee
6 in the Assembly;
7 To my right is Senator Owen Johnson, and
8 Senator Lee Zeldin.
9 Gentlemen, thank you very much for being
10 here.
11 Our first speaker is Christopher Hart, who's
12 the vice chairman of the National Transportation
13 Safety Board.
14 Thank you very much for being here.
15 CHRISTOPHER A. HART: Thank you.
16 Good morning, Chairman Fuschillo, and members
17 of the Senate Committee on Transportation.
18 My name, as you heard, is Christopher Hart.
19 I'm the vice chairman of the
20 National Transportation Safety Board.
21 And with me today, accompanying me, is
22 Danielle Robert, to answer the really hard questions
23 you might have. She's from our Office of Advocacy.
24 Thank you for inviting the NTSB to Albany to
25 discuss the recommendation that we issued last
7
1 December regarding the use by drivers of
2 cellular telephones and other portable electronic
3 devices while driving.
4 This recommendation represents the latest in
5 a progression of recommendations that we have issued
6 since 2002 about PED distractions.
7 By way of introduction, the NTSB is an
8 independent federal agency that investigates
9 transportation accidents, determines what caused the
10 accidents, and then makes recommendations to try to
11 prevent recurrences.
12 The recommendations that arise from these
13 investigations and our safety studies are the NTSB's
14 most important tools for bringing about lifesaving
15 improvements.
16 Before discussing this recommendation, I
17 would like to applaud New York for your leadership
18 on this issue, because New York was the first state
19 to ban the use of hand-held phones by drivers, and,
20 you have also prohibited texting while driving,
21 joining almost 40 other states who have also
22 prohibited texting while driving.
23 Distractions have been a problem for drivers
24 ever since the first driver drove the first car.
25 So between, landscape and billboards; and,
8
1 the rear-view mirror; and, the street sign, "Is this
2 where I turn?"; and, "Wow, look at the
3 '56 Thunderbird," distractions have been a problem
4 for drivers ever since driving started.
5 But we're becoming increasingly concerned
6 about distractions from PEDs because of the
7 growing number of highway crashes that involve
8 driver distraction, combined with, the increasing
9 use by the general population of cell phones and
10 PEDs, and then combined, also, with the research
11 that shows the adverse effects of distraction on
12 driving.
13 Our first recommendation regarding
14 cell phones resulted from an accident in 2002, when
15 a Ford Explorer veered off the left side of an
16 interstate, crossed over the median, flipped over a
17 guardrail, and caused a collision that resulted in
18 five fatalities.
19 Through our investigation, the NTSB
20 determined that the inexperienced driver of the
21 Ford Explorer was distracted by the use of a
22 cell phone at the time of the accident.
23 Based on this investigation, the NTSB
24 recommended that states prohibit the use of
25 interactive wireless-communication devices by young,
9
1 novice drivers.
2 Two years later, in 2004, an experienced
3 motor-coach driver was distracted by talking on his
4 hands-free cell phone.
5 He was in a two-bus team, and he failed -- he
6 was the second bus of a two-bus team, and he failed
7 to notice three things:
8 First, that the bus in front of him changed
9 lanes;
10 Second, that there were -- that there were
11 signs that indicate that he's about to come under a
12 stone arch bridge, and that the edge lane had a
13 lower clearance than the middle lane;
14 And, third, that there were signs on the
15 bridge that showed what the clearance was on the
16 edge lane versus the center lane.
17 So, he was on his hands-free cell phone,
18 failed to notice those three things; and, as a
19 result, he struck the bridge, and injured 11 of the
20 27 high school students on the bus.
21 As a result of that, the NTSB recommended
22 that states ban the use of cell phones by commercial
23 driver's-license holders with passenger-carrying or
24 school bus endorsement.
25 In 2010, a tractor-trailer and its -- a
10
1 tractor -- truck, tractor, and its trailer went off
2 the left side of an interstate highway, crossed the
3 median, and collided with a 15-passenger van
4 traveling in the opposite direction.
5 When we arrived at that accident, we saw what
6 we considered the usual signatures of a "fatigue"
7 accident: falling asleep.
8 We saw the shallow angle of departure from
9 the roadway, the absence of braking, 5:00 in the
10 morning; these are all signatures of "fatigue"
11 accidents, and that's what we anticipated when we
12 went there.
13 In the course of the investigation, we
14 discovered that the driver of the truck was actively
15 on his cell phone. There was no fatigue at all. He
16 was very awake and very much on his cell phone the
17 entire time, which caused him to lose attention
18 to -- focus to his driving, and cross the road into
19 the oncoming van, and killed 11 people in the
20 oncoming van, and himself.
21 As a result of that, we expanded our previous
22 recommendation, that was limited to
23 passenger-carrying- or school bus-endorsement
24 commercial drivers. We expanded that to
25 recommending a ban against cell phone use by all
11
1 commercial motor-vehicle drivers.
2 The accident that resulted in our most recent
3 recommendation regarding PEDs also occurred in
4 2010, when a pickup truck ran into the back of a
5 truck tractor that had slowed for construction.
6 The pickup truck, in turn, was struck from
7 behind by two school buses; and, as a result,
8 2 people died, and 38 people were injured.
9 The pickup-truck driver sent and received
10 11 text messages in the 11 minutes immediately prior
11 to the accident.
12 Given the accelerating pace of these
13 accidents, in conjunction with our awareness of the
14 increasing use of cell phones and PEDs by the
15 general population, as well as the research on
16 distraction, the NTSB recommended a complete ban
17 against the non-emergency use of all portable
18 electronic devices, other than those designed to
19 support the driving task for all drivers, at all
20 times.
21 As I said, this recommendation is not just
22 based on accident investigations. It's based on the
23 research, and it's based on the increasing use of
24 PEDs in the population.
25 This is not unique to highways. We've seen
12
1 PED distractions in other transportation modes.
2 In 2008, PED use led to 25 fatalities, when
3 the driver of a commuter train in Chatsworth,
4 California, was texting; and while texting, passed a
5 red signal.
6 And a "red," of course, means "stop."
7 And the reason he's supposed to stop, is
8 because, it's a single track; there was an oncoming
9 freight train. And, he's supposed to wait there
10 until the freight train goes on the siding so he can
11 pass.
12 Well, he did not stop because he was texting;
13 ran into the freight train, and that resulted in
14 25 fatalities.
15 In 2010, a barge/tug-boat combination running
16 over an amphibious "duck" in the Delaware River
17 killed two Hungarian tourists.
18 Now, in that case, that driver was very, very
19 distracted -- the tug-boat operator was very
20 distracted, because, just before he started this
21 run, which was not time-critical --
22 It was a garbage run; taking an empty barge
23 to pick up garbage from one side of Philadelphia to
24 deposit it at another side of Philadelphia, so, it
25 was not time-critical.
13
1 -- just before he embarked on that mission,
2 he learned that his 9-year-old son, in the hospital,
3 having around operation, had suffered an
4 anesthesiological mistake, which resulted in him
5 going 8 minutes without brain -- without oxygen to
6 his brain.
7 So, this driver was -- truly, he should have
8 asked for a replacement driver.
9 So, he's on the cell phone continuously
10 during this mission, and the -- because he was
11 distracted, and because he was on his cell phone, he
12 ended up not seeing a boat in the middle of the
13 Delaware River, on a beautiful clear day, and ran
14 over the boat, resulting in two fatalities.
15 And, we're all aware of the Minneapolis
16 overflight in 2009, in which the flight crew went
17 more than 100 miles beyond their destination,
18 because they were distracted by their laptops.
19 So, there's no doubt that obtaining PED-free
20 safe-driving behavior will require a cultural shift.
21 Past safety campaigns have shown that laws
22 aimed at changing behavior are much more likely to
23 enjoy long-term success if they are combined with
24 two other critical elements:
25 One is, high visibility enforcement; and
14
1 two is, an intense public-information and education
2 campaign.
3 This three-part model involving good laws,
4 good enforcement, and good education has helped with
5 such issues as, increasing seat-belt use, and
6 decreasing impaired driving.
7 And there's evidence that it can work to
8 decrease driver distractions from cell phones and
9 PEDs too, because, as you may know, last year, the
10 National Highway Traffic Safety Administration
11 initiated demonstration programs to determine the
12 effectiveness of high-visibility enforcement on
13 cell-phone use.
14 They did it in two cities: one in Hartford,
15 Connecticut; and one here in New York, in Syracuse.
16 The programs focused on talking or texting
17 using a hand-held device.
18 Hand-held use dropped 56 percent in Hartford,
19 and 38 percent in Syracuse; and texting dropped
20 68 percent and 42 percent, respectively.
21 Recognizing that highway-safety improvements
22 are much more likely to occur with this
23 multi-pronged approach, the NTSB recommendation
24 includes provisions for high-visibility enforcement,
25 as well as education.
15
1 We know that there are many questions about
2 how to address this issue, and that there are other
3 driving distractions that may also need to be
4 addressed.
5 Accordingly, we will be convening a forum on
6 March 27th to explore this issue further.
7 At this forum, we will be taking a look at
8 this three-pronged process.
9 We will want to hear from those who are
10 involved in the education process and other
11 traffic-safety-improvement programs, to see how it
12 can help with respect to distracted driving.
13 Likewise, we know that a ban on using
14 cell phones presents huge enforcement challenges,
15 so, we will be -- we will want to hear from those
16 who helped with the enforcement aspects of other
17 traffic-safety-improvement programs.
18 In conclusion: The NTSB is especially
19 concerned about distractions from PED use because
20 our accident investigations, the research, and the
21 increasing use of PEDs indicate that this is a
22 growing trend.
23 With more and more drivers using PEDs
24 instead of focusing on that their driving, everyone
25 on the road is at risk.
16
1 I mentioned the leadership that New York
2 demonstrated by being the first state to ban
3 hand-held cell-phone use.
4 We hope that New York will continue to
5 demonstrate this leadership by expanding its law to
6 include all non-emergency use of PEDs.
7 It's not just about the distracted drivers,
8 it's about the safety of everyone on the road: you
9 and me.
10 Thank you for your consideration of this
11 important issue, and, I'll be happy, with Danielle's
12 help, to take any questions you might have.
13 Thank you.
14 SENATOR FUSCHILLO: Mr. Hart, thank you very
15 much.
16 And, we've been joined by Senator Diaz.
17 Thank you for being here.
18 And, Senator Larkin as well.
19 You know, I talked to you briefly.
20 And, after reading your report, it was really
21 one of the reasons why I wanted to convene this
22 hearing, in seeing the seriousness of this issue in
23 New York State.
24 But I also mentioned to that you, that,
25 during the holidays, you know, when I was stopped at
17
1 a red light in my district, there was a gentleman to
2 my left who had sort of a glow on him, at night.
3 And I knew it wasn't from above.
4 And when he raised his hand, he was on an
5 iPad.
6 And it was quite shocking that, you know,
7 we've gone from a cell phone or an iPhone now, to
8 an iPad in a car.
9 How would you rate New York State, overall,
10 in their laws, compared to other states in this
11 nation?
12 CHRISTOPHER A. HART: As I mentioned,
13 New York was the leader in being the first to ban
14 cell-phone use.
15 We're hoping that it will continue to be a
16 leader with respect to use of hands-free devices.
17 Also, as I mentioned, you banned texting.
18 So, in that respect, New York is doing quite
19 well, nationally, relative to the other states.
20 SENATOR FUSCHILLO: You know, one of the
21 comments you made, is that, in order to change this,
22 we need a cultural shift, where people don't
23 automatically get on their cell phones or iPhones,
24 or whatever other devices they're using.
25 The question always comes up of enforcement.
18
1 How do you foresee, you know, if we
2 strengthen our education laws for first-time
3 drivers, or penalties?
4 And I think, New York State, as you stated,
5 is a leader in many avenues like this, to give our
6 law enforcement and district attorneys and DMV the
7 right tools necessary to go after those, but,
8 enforcement is always a concern.
9 Wouldn't you agree?
10 CHRISTOPHER A. HART: Enforcement is a big
11 issue, and that's why it's one of the areas we'll be
12 talking about in our upcoming forum on March 27th,
13 because we recognize the difficulty of enforcing the
14 cell-phone ban.
15 First of all, it's difficult to determine
16 that it happens, without the records.
17 When we do it after an accident, we have to
18 summon the records in order to determine, as we did
19 with that accident where we thought it was a
20 fatigue; 5 a.m., fell asleep, drove off the road.
21 It was not fatigue.
22 We got the records, and that's how -- that's
23 why we needed to find that out.
24 SENATOR FUSCHILLO: It seems that every --
25 you know, and my Assemblyman, to our left, share the
19
1 same district, and we always say, that, you know, we
2 could stand on the corner and watch ten cars goes
3 by, and nine them are on the cell phone, picking it
4 up.
5 And it's become such a matter of convenience,
6 and urgency, that every phone call and text message
7 is received at that moment.
8 I wanted to ask you, since you are a national
9 board: Do you foresee the federal government
10 requiring states to implement some of your
11 recommendations?
12 CHRISTOPHER A. HART: The National Highway
13 Traffic Safety Administration would have a better
14 handle on that.
15 Historically, what they -- what has often
16 happened, is there have been incentives tied with,
17 say, highway money, for example.
18 If you have motorcycle-helmet laws, if you
19 have seat-belt laws, that entitles you to more
20 highway money.
21 So, there are several means by which the
22 federal government can intervene; but, essentially,
23 the bottom line is, it appears to be a state issue.
24 SENATOR FUSCHILLO: All right. Okay.
25 Senator Larkin.
20
1 SENATOR LARKIN: Thank you very much for
2 being here, Mr. Hart.
3 I heard what you just said.
4 You know, a football team went out at -- two
5 weeks ago, and people laughed at them and said they
6 couldn't do anything.
7 They put their heart together and they did
8 it.
9 I can't understand why National Traffic
10 Safety Board, and all of the national boards on
11 traffic, can't sit down and come to a conclusion.
12 We've done it here in New York. We're still
13 moving forward.
14 But you know, what? To get this message
15 across, and you just gave an excellent presentation
16 on what we need to do --
17 CHRISTOPHER A. HART: Thank you.
18 SENATOR LARKIN: -- the question is: Why
19 aren't we doing it at the national level?
20 Is it a dis- -- is it something that the
21 automobile industry says: You're hurting us.
22 People want to be able to do this, and have this?
23 CHRISTOPHER A. HART: There are a lot of
24 reasons behind it, but it -- I described it as a
25 "cultural shift," because it's" very much like
21
1 drinking-and-driving.
2 I can remember, when I was a kid, you'd see
3 TV shows, and, the drunk person was the life of the
4 party, and everybody laughed at him. And, boy, that
5 was really funny.
6 That's not the culture today.
7 Same way with seat-belt use. It used to be,
8 originally, car makers were afraid to put seatbelts
9 in their cars because they were afraid people would
10 think: Oh, your car is less safe than this car if
11 you put a seat belt in it.
12 But, that was cultural shift as well.
13 And we're still struggling with -- on both of
14 those, with the enforcement and the education.
15 And we need, not only the laws, but the
16 enforcement and the education as well.
17 SENATOR LARKIN: But -- but this is more than
18 that.
19 You know, I am 84 years old. I'm the senior
20 in age. That's all.
21 He's the junior next to me, over there.
22 But here's the point: When do we put
23 something in for parental responsibility?
24 You know, we're saying: You know, John won't
25 like that.
22
1 And mother says: Well, Ann just needs it,
2 just in case she has to talk to somebody.
3 Come on, get with it!
4 CHRISTOPHER A. HART: From what we --
5 SENATOR LARKIN: You know, the trouble is,
6 too many parents today want to be friends with their
7 children.
8 Come to my house and see my 17 grandchildren.
9 Sometimes they really don't like the old man,
10 but they respect him, because, I don't use it.
11 And, my oldest one, whose car I bought, I
12 ever catch her using it, I will take it back. And
13 that's in the agreement.
14 But, we need to do this.
15 This is about safety. This is about lives.
16 This weekend, I saw where three people have
17 been killed in an accident in my district.
18 The police stated, that, in the one case, the
19 girl was texting.
20 And in another case, they were looking for
21 something else.
22 You know, we can talk all of this niceties
23 here.
24 The Chairman of this Committee has gone out
25 of his way to cooperate with every effort.
23
1 I think it behooves you folks at the national
2 level --
3 It says "National." It doesn't say
4 "New York," "Midwest," "Northeast."
5 -- I think it's going to take some of you
6 folks to sit down, and say: This is a must, so that
7 we can ensure that we don't lose kids.
8 We're losing young men and women on the
9 battlefields, because they decided that they were
10 going to defend this country.
11 But driving a car, using a cell phone, and
12 texting, is a privilege that shouldn't be used in a
13 car.
14 And if we don't take steps at the national
15 level to address this, shame on us, because the next
16 obituary we read may be about one of our own family.
17 And I thank you very much for your comments.
18 I think they're most appropriate, but I want you to
19 you to go that step further.
20 CHRISTOPHER A. HART: Thank you, and I
21 appreciate that.
22 The issue that we're facing, is that, so many
23 people, the vast majority of people, think it's
24 okay. Think, "I can drive okay while I'm talking on
25 the phone." "I can drive okay while I'm texting."
24
1 That's -- the challenge is, to make people
2 know it's not okay.
3 SENATOR LARKIN: But it -- [unintelligible]
4 influence on the automobile industry?
5 CHRISTOPHER A. HART: I think the entire
6 situation needs to be addressed. That's why we're
7 looking at the big picture --
8 SENATOR LARKIN: I look, with open arms,
9 hopefully before my next birthday, when I'll pick it
10 up and see, we, as a nation, have come together, to
11 protect those who don't want to be protected by
12 themselves.
13 CHRISTOPHER A. HART: I hope we can see that
14 as well.
15 Thank you very much for your comments.
16 SENATOR FUSCHILLO: Thank you, Senator.
17 Assemblyman McDonough.
18 ASSEMBLYMAN MCDONOUGH: Thank you.
19 And thank you for your testimony, Mr. Hart.
20 You know, these things are part of people's
21 lives now, and they're an appendage, practically.
22 I noticed, in the 20 minutes or so that we've
23 been talking, I looked out into the audience, and I
24 see several people, even as I'm speaking now.
25 Of course, this is something you can't be
25
1 without.
2 And the law now --
3 SENATOR FUSCHILLO: Everybody looks kind of
4 guilty now. They just put all their BlackBerries --
5 ASSEMBLYMAN MCDONOUGH: Right, that's why I
6 figured I'd point them out.
7 Some of them I know.
8 [Laughter.]
9 ASSEMBLYMAN MCDONOUGH: Excuse me, I have a
10 call.
11 [Laughter.]
12 ASSEMBLYMAN MCDONOUGH: But, you know,
13 there's also the bluetooth, because, you'll see
14 signs on the highways in New York State, now,
15 because of laws passed, sponsored by
16 Senator Fuschillo, that says "Hands-Free Only."
17 And, now, when you see those big traffic
18 signs, sometimes it says "Hands-Free Only," it's
19 almost an encouragement: Okay, if you can do
20 hands-free.
21 Now, I can do hands-free on this. And,
22 sometimes, I can just put it in my pocket, and I can
23 still talk and be heard.
24 The problem is, I think, that it's not like
25 talking to a passenger next to you; that, you've got
26
1 unlimited time to talk. You do get distracted.
2 People with that, or bluetooth, which was the
3 solution to hands-free, they figure: Well, you can
4 do it.
5 I don't know what the solution is, other than
6 education.
7 And, the National Transportation
8 Safety Board, I know you're doing that. And your
9 testimony shows the results of people, and some of
10 those people may have been on hands-free, but, you
11 are distracted.
12 Unless we can -- and this is a radical,
13 radical solution, but, unless automobile
14 manufacturers could put some device in the car that
15 blocks any signals, that would be the only total
16 enforcement you could do. You know the technology
17 is there, they could do it.
18 Then people would have to pull over to make a
19 call.
20 I think the thing that you have to do, and I
21 guess you're doing it, in reading some of the
22 material here, is education.
23 And we have to start in the schools; in
24 meetings in the schools. And we have to show the
25 very dangers of talking on the phone.
27
1 I've participated in many forums in schools,
2 where we talk about, with law-enforcement officers,
3 district attorneys, showing them some videos of
4 drinking-and-driving accidents, and the lives they
5 cost.
6 I think maybe that's one of the things we
7 have to do.
8 But, it's very difficult, when you're
9 driving, for somebody not to be, as the Senator
10 said, even on an iPad, looking at that.
11 It's so convenient, it's so easy, and all of
12 that; and, you stop at a light, or -- how many times
13 have you been at a traffic light, and the guy in
14 front of you, the light turns green, and you have to
15 blow the horn to get him off the phone, or
16 something, so he sees that the light is green?
17 So, whatever suggestions you can come up
18 with, I guess, short of the automobile manufacturers
19 equipping their cars with such a device, which would
20 be, you know, total.
21 Education; I think you agreed that education
22 is the most important part?
23 CHRISTOPHER A. HART: Well, it's one of
24 three. I don't know if I'd say "most important,"
25 but it certainly is crucial, along with enforcement
28
1 and the laws themselves, yes.
2 ASSEMBLYMAN MCDONOUGH: Okay, but the law, to
3 make -- we can increase the law to say that,
4 hands-free also. But, the enforcement is the thing,
5 as Senator Fuschillo mentioned, it's very difficult,
6 and it costs lives.
7 Well, thank you.
8 SENATOR FUSCHILLO: Thank you very much.
9 Senator Diaz.
10 SENATOR DIAZ: Thank you, Mr. Chairman.
11 Good morning, Mr. Hart.
12 To talk in a cell phone is against the law,
13 so, there are laws that say I cannot speak while
14 driving.
15 When I'm driving, my cell phone rings, I go,
16 "Hello," while I'm driving. So, that is
17 distracting.
18 Sometimes I go to the coffee shop, and I buy
19 me a sandwich, and a coffee. Hot coffee. Real hot
20 coffee.
21 So, I put my sandwich, here; and my hot
22 coffee, here; and I'm driving.
23 And I go, getting my sandwich, getting a
24 bite, putting it back, while driving.
25 Then I try to find my hot coffee; and I go:
29
1 [Demonstration: Picks up a cup, blows on
2 cup, drinks from cup, makes scrunching facial
3 expression].
4 So that is okay. Nothing is done against
5 that.
6 So, I'm asking you, what will be -- to your
7 knowledge, and according to you, what is more
8 distractive:
9 Just to say, Hello, how are you doing?
10 Or to go through all those motions that I
11 just did?
12 CHRISTOPHER A. HART: First, and foremost, we
13 are an agency that investigates accidents, so, we go
14 to where the accidents take us.
15 Where the accidents are taking us now, is
16 that we're seeing a lot of distraction from PEDs.
17 If we saw a lot of distraction from people
18 drinking hot coffee, we would address that
19 accordingly.
20 But, right now, we're seeing, not only the
21 distraction, but also the increasing penetration of
22 PEDs into the population.
23 Plus, the research that shows that it's very
24 common, as Senator Fuschillo mentioned, that you can
25 be looking at your cell phone for four or
30
1 five seconds without giving it a second thought.
2 You didn't look at your coffee for four or
3 five seconds, but you're looking at your cell phone
4 for four or five seconds.
5 SENATOR DIAZ: I think that if you really
6 look at what I'm telling you, I take more time in
7 looking at my coffee and my sandwich --
8 CHRISTOPHER A. HART: If we see more
9 accidents on that, we'll go right after it.
10 SENATOR DIAZ: -- [unintelligible] than
11 getting my phone.
12 I mean, it took, to look at the sandwich, to
13 take a bite, and to put it back; and then look at
14 the coffee, and start sipping the coffee, I believe
15 that it's dangerous, not only to speak on the phone,
16 but I think that you compare the two of them.
17 CHRISTOPHER A. HART: I agree, completely,
18 that any distraction is dangerous.
19 We're focusing on this one, because it's an
20 emerging trend that is worrisome, and we're trying
21 to stop the trend before it gets worse.
22 But, any distraction is bad.
23 SENATOR DIAZ: Just trying to comment on what
24 I think that we are -- that we have been
25 overlooking.
31
1 And, if you're talking about safetiness [sic]
2 while driving, you got to look into every single
3 issue that could be there.
4 And I know that, people that eat -- and who
5 are eat and drink while driving will get angry at
6 me.
7 But I think that you are the
8 National Transportation Safety Board advisers. You,
9 the chairman, should look into that thing.
10 So, I appreciate you coming to
11 New York State.
12 Thank you.
13 CHRISTOPHER A. HART: Thank you for having
14 me.
15 SENATOR FUSCHILLO: Mr. Hart, thank you very
16 much.
17 And, my colleagues bring up some very serious
18 issues and comments, but I think what's lost here,
19 is that: The car has become the home. The car has
20 become the office. The car has become the
21 playground. The car has become everything.
22 And as Senator Diaz had said, people are
23 eating in their car.
24 And as Assemblyman McDonough talked about,
25 distractions in cars, and other things that came up.
32
1 People use it for their office. They're
2 traveling salesmen or saleswomen -- salespersons.
3 Driving -- and the commissioner of DMV will
4 be testifying next.
5 Driving in New York City is a privilege.
6 It's not a given right here in New York State, as it
7 is in other states as well.
8 And you had mentioned these -- you know,
9 these words in your statement, when you concluded:
10 It's a cultural change, to focus.
11 Essentially, what you're saying, it would be
12 a cultural change to focus on the sole
13 responsibility that you have behind -- when you get
14 in that car, and that's driving, and following the
15 laws here in New York State.
16 And, you know, it almost sounds like an
17 absurd comment when you make this -- I make these
18 statement, you make these statements, that it's a
19 cultural challenge to focus on what we should be
20 doing behind the wheel, rather than eating or
21 drinking or talking on the phone or doing our work
22 at red lights, or whatever it is.
23 There's a responsibility to follow the laws
24 here in New York State.
25 And the real question is: Are they strong
33
1 enough?
2 Do they give law enforcement the necessary
3 tools that are necessary?
4 Is the education requirement strong enough?
5 And it's not just for young individuals. For
6 young and middle-aged and older alike.
7 I mean, do we really have to take a look at
8 that, as we educate individuals here in
9 New York State?
10 So, I want to take this opportunity to thank
11 you for coming to New York, and thank you for your
12 testimony.
13 CHRISTOPHER A. HART: Thank you very much for
14 having me, and we look forward to working with you.
15 If we can help in any way, as you go through
16 the legislative process, we'd be happy to do that.
17 SENATOR FUSCHILLO: Thank you very much.
18 CHRISTOPHER A. HART: Thank you.
19 SENATOR FUSCHILLO: Commissioner Fiala,
20 New York State Department of Motor Vehicles; and,
21 also, Chair of the Governor's Traffic Safety
22 Committee.
23 Good morning, Commissioner.
24 COMMISSIONER BARBARA FIALA: Good morning.
25 Thank you very much.
34
1 Thank you, Senator Fuschillo, for inviting me
2 here today, and for conducting this hearing on such
3 an important topic.
4 My name is Barbara Fiala.
5 And, in addition to serving as the
6 Commissioner of Motor Vehicles, I also chair the
7 Governor's Traffic Safety Committee, which is
8 comprised of 12 state agencies with missions related
9 to highway safety.
10 Under Governor Cuomo's leadership,
11 New York State has been at the forefront of
12 combating distracted driving.
13 I am pleased to discuss the issue of
14 distracted driving, and share what the Department of
15 Motor Vehicles and the Governor's Traffic Safety
16 Committee are doing to address this serious
17 highway-safety issue.
18 In New York State, at least one out of
19 five crashes has driver in-attention listed as a
20 contributing factor.
21 Distractions have been a part of driving
22 since the beginning of time.
23 Drivers can be overwhelmed with visual,
24 manual, and cognitive distractions which cause them
25 to take their eyes, hands, or minds away from the
35
1 driving task at hand.
2 So, why are so many of us now focusing on
3 electronic devices, such as cell phones?
4 The reason is, that cell-phone use in the
5 United States has exploded.
6 According to the Cellular Telecommunication
7 and Internet Association, minutes of use surged,
8 from 195 billion in June of 2000, to more than
9 1.1 trillion in June of 2008, and the numbers
10 continue to grow.
11 The cellular telephone or smartphone use is
12 certainly the biggest challenge in our fight to curb
13 distracted driving, and is why U.S. DOT
14 Secretary LaHood refers to this as a
15 "deadly epidemic."
16 We know that public education, coupled with
17 law enforcements, are effective ways to help combat
18 this dangerous driving behavior.
19 I want to commend the Governor for
20 strengthening the efforts of law enforcement by
21 making texting while driving a primary offense.
22 In addition, the Department of Motor Vehicles
23 now assigns 3 points to a motorist's license record
24 for violations involving the improper use of
25 cell phones and other portable electronic devices.
36
1 In announcing these changes, Governor Cuomo
2 said, "It's plain and simple: Distracted driving
3 leads to tragedies that have affected families all
4 across New York.
5 "This new law will help ensure that drivers
6 help keep their eyes on the road and their hands on
7 the wheel."
8 Because of these changes, we currently have
9 one of the strongest anti-distracted-driving laws in
10 the country.
11 This is no surprise, as being first in the
12 nation is nothing new to New York.
13 New York was the first in the country to
14 adopt a statewide ban on hand-held cell phone use
15 while driving, and has the nation's strongest
16 "driving while intoxicating" [sic] laws.
17 Because of our record of being first in the
18 nation in traffic safety, the GTSC applied for, and
19 received, a federal administration project grant
20 from the National Highway Traffic Safety
21 Administration, to test the High Visibility
22 Enforcement Model in a project targeted to -- at
23 distracted driving.
24 The project, which was conducted in Syracuse,
25 lasted for one year, and consisted of four targeted
37
1 enforcement waves, combined with an aggressive
2 public-awareness campaign.
3 Syracuse was one of only two cities in the
4 country to take part in the project, which was
5 conducted under the theme, "Phone in One Hand,
6 Ticket in the Other."
7 During the project, more than 9,500 tickets
8 were issued in Syracuse, and cell phone use and
9 texting while driving decreased by 32 percent.
10 GTSC is prepared to respond to the
11 availability of another NHTSA grant that will allow
12 us to expand this type of project to additional
13 geographic areas.
14 The effort in Syracuse was modeled after
15 previous successful campaigns aimed at curbing
16 impaired driving and increasing seat-belt use among
17 drivers.
18 As an example: In the fall of 1985, just
19 before the seat-belt law took effect, seat-belt
20 usage in New York State was about 46 percent.
21 Through education and enforcement, our
22 compliance rate is now 90 percent.
23 Achieving similar compliance results and
24 decreasing the incidents of illegal distracted
25 driving required increased education, as well as
38
1 stepped-up enforcement.
2 With regards to our efforts in education, the
3 Department recognizes the particular need to prepare
4 our young drivers for a lifetime of safe driving.
5 As part of our effort in that area, we
6 launched a website, and dedicated it entirely to
7 issues facing teen drivers and their parents.
8 It contains information on the
9 Graduated Driving laws, and how to apply for a
10 license; sections on education and safety, including
11 distracted-driving issues; and even a practice
12 exams.
13 The Governor's Traffic Safety Committee also
14 hosts a Young Driver's Traffic Safety Tool Kit on
15 their website, which contains resources for parents,
16 teens, educators, and law-enforcement officers,
17 including multiple resources on distracted driving.
18 In October of 2010, we released a series of
19 videos for teens that were filmed at a local
20 high school, and featured teen drivers.
21 The video addresses several relevant topics,
22 including distracted driving.
23 We have found that teens listen to their
24 peers more than they listen to adults, and this
25 avenue is just one way that we are trying to raise
39
1 awareness about good traffic-safety behavior.
2 The videos have been distributed to schools
3 across the state, and are also posted on the
4 "Younger Driver" website and the Department's
5 YouTube site.
6 The Governor's Traffic Safety Committee also
7 partnered with the Ford Driving Skills for Life
8 Program in 2011, at three New York high schools.
9 These day-long programs allowed students to
10 navigate a special test course in a safe and
11 structured environment, while being distracted by
12 peers, phones, or other items other than the
13 vehicle.
14 More than 2,000 students took part in these
15 activities.
16 GTSC also providing a grant to fund
17 25 speaking engagements at high schools this year,
18 by a victim of a tragic distracted-driving crash.
19 In addition, the Governor's Traffic Safety
20 Committee awards grants of millions of dollars
21 annually to law enforcement agencies, to enforce
22 distracted-driving laws as a part of
23 Selective Traffic Enforcement Program.
24 We believe these enforcement grants, coupled
25 with grants awarded to traffic-safety boards and
40
1 other highway-safety organizations, are the key
2 ingredients to driving down the distracted-driving
3 crash and injury numbers.
4 With more than 5,500 deaths, and more than
5 440,000 injuries, nationwide, each year, we know we
6 have a long way to go, in not only educating the
7 motoring public, but in changing their driving
8 behaviors.
9 The Department of Motor Vehicles and the
10 Governor's Traffic Safety Committee remain committed
11 to the mission of lowering deaths and injuries
12 caused by cell-phone use, texting while driving, and
13 other distracted-driving behaviors.
14 And we look forward to working with the
15 Governor, members of the Legislature, the
16 National Highway Traffic Safety Administration, law
17 enforcement, and others, to make that happen.
18 Again, thank you for the opportunity to speak
19 with you on this very important topic.
20 [Senator Diaz leaves the hearing room.]
21 SENATOR FUSCHILLO: Commissioner, thank you
22 very much.
23 We appreciate you taking the time, and your
24 leadership on this issue.
25 Are we peaking?
41
1 And what I mean by that is, when I look at
2 DMV's statistics of accident-contributing factors,
3 it shows cell-phone use and driver-distraction
4 statistics at about, 50,000 crashes, total
5 accidents, in 2010.
6 Are we at a peak level, where we're coming
7 down, based on previous years?
8 Or, do you see this as an issue that is
9 continuing, and problematic?
10 COMMISSIONER BARBARA FIALA: With the
11 distracted-driving issue?
12 SENATOR FUSCHILLO: Yes.
13 COMMISSIONER BARBARA FIALA: Well, you know,
14 as previous testimony said, a lot has to do with
15 education. And I think that's been a main focus of
16 our projects, and GTSE.
17 The pilot program that was the grant, with
18 Syracuse being only one of two cities, was very
19 effective.
20 Enforcement, and I know
21 Superintendent D'Amico is going to speak after us.
22 In educating the young people, there's all
23 types of distracted driving, as Senator Diaz spoke
24 to, but I think, educating.
25 And it's now, also, we're putting them on the
42
1 five-hour course for pre-licensing education.
2 Education and enforcement; and, hopefully,
3 that will help us to bring those numbers down.
4 David, I don't know if you have any
5 particular statistics that you would like to add.
6 SENATOR FUSCHILLO: I mean, in 2010, it
7 looked, distracted driving and cell phone, what was
8 reported, accident-contributing factors was over
9 50,000, just in 2010.
10 Are we on a -- I mean, I'm sure 2011
11 statistics aren't completed yet, but, previous
12 years, are we still rising and rising and rising,
13 with, as the Commissioner talked about, the number
14 of minutes?
15 I mean, it's staggering in the use of
16 cell phones.
17 Are the numbers still climbing, as
18 contributing factors?
19 DAVID: I don't think the statistics, at this
20 point, have allowed us to conclude as to whether or
21 not --
22 ASSEMBLYMAN MCDONOUGH: It's on.
23 SENATOR FUSCHILLO: I can hear you.
24 DAVID: Can you hear me?
25 SENATOR FUSCHILLO: It's not a bright light,
43
1 so you just need push it once.
2 COMMISSIONER BARBARA FIALA: It's on.
3 Here, you can use this.
4 DAVID: I don't think the statistics, to this
5 point, have told us whether we have reached a peak
6 or not.
7 SENATOR FUSCHILLO: Okay.
8 DAVID: There's uncertainty in -- on this.
9 The number of cell phones being used,
10 statewide, continue to increase.
11 SENATOR FUSCHILLO: Right?
12 DAVID: I'm not sure that we could say, at
13 this point, that we've reached that peak.
14 And as the Commissioner indicated, our
15 primary concern is -- is education, in order that we
16 can begin to change behaviors, and to help people to
17 recognize that it is a danger to be distracted by
18 using a cell phone in the car.
19 SENATOR FUSCHILLO: And that was one of the
20 components of the recommendations from the
21 National Transportation Safety Board, about,
22 elevating educational requirements and awareness
23 here.
24 And, Commissioner, you're doing it.
25 Obviously, it's on a limited basis.
44
1 And, since this is not a budget hearing, we
2 could talk about budgetary issues, if more manpower
3 is needed to get this across.
4 But, I appreciate your testimony. It's very
5 important to us, as we go forward.
6 Any of my colleagues have any, questions,
7 comments?
8 SENATOR LARKIN: I have one.
9 SENATOR FUSCHILLO: Senator Larkin.
10 SENATOR LARKIN: First of all, I bring you
11 warm regards from two of your former colleagues --
12 SENATOR FUSCHILLO: And who is that?
13 SENATOR LARKIN: -- Donna Benson, in
14 Orange County, clerk; and Nina Postapec [ph.].
15 I got that spelling right.
16 COMMISSIONER BARBARA FIALA: Thank you.
17 SENATOR LARKIN: One thing you said here, is
18 that, the Governor's Traffic Safety Committee is --
19 is, what --
20 Cataract surgery, don't get it.
21 -- you're going to provide grants to fund
22 25 speaking engagements in high school this year.
23 How, where, and when, can we find out the
24 details of it?
25 COMMISSIONER BARBARA FIALA: I certainly can
45
1 make sure that you get it, Senator.
2 I don't have that information right with me,
3 right now.
4 SENATOR LARKIN: But, I think it's an
5 excellent idea.
6 And I think the idea that you're going to
7 have it by a victim of a traffic distraction-driving
8 crash, I think that that will bring focus.
9 Because, you know, young people look at
10 that -- and, sometimes, as you said in your
11 preparation, that they listen to peers more than
12 they do their parents.
13 I thank you for doing this.
14 I really would like to get it into my area.
15 COMMISSIONER BARBARA FIALA: Unfortunately,
16 Senator, they surely do listen to their peers, more.
17 And that's why a lot of the literature that
18 we are producing is geared to that. There are,
19 YouTube, on the website.
20 And, there's just a lot of information.
21 But, my personal feeling is, as a mother
22 and -- a grandmother of a new driver, that that
23 education is very important. That they -- that we
24 start them at the beginning.
25 We all talked about, we all survived without
46
1 it, prior.
2 But -- and it's relatively new.
3 Like, when the seat-belt law came about, it
4 took a while to change behavior of the public.
5 And, it just boggles my mind how some of the
6 things, they can actually text and drive.
7 So -- but, I feel that that's a major
8 component, is to get them early.
9 Educate.
10 And you'll be surprised that there's a lot of
11 people, we're all very familiar with the law, and
12 what has been, but, a lot of people are not, because
13 it is fairly new.
14 But, I appreciate what had -- what took place
15 last year, like, by giving law enforcement the tools
16 [unintelligible] primary offense.
17 Also, 3 points.
18 SENATOR LARKIN: Very good.
19 COMMISSIONER BARBARA FIALA: And these are
20 also things that everybody needs to be commended for
21 doing.
22 And, education, and enforcement, are a big
23 key.
24 SENATOR LARKIN: In your statement, that they
25 listen to grandparents, yes.
47
1 We have 17 grandchildren.
2 SENATOR FUSCHILLO: Thank you,
3 Senator Larkin.
4 Assemblyman McDonough.
5 ASSEMBLYMAN MCDONOUGH: Thank you,
6 Commissioner. And, thank you for being here.
7 I noticed in your testimony, which I was
8 interested, number one: You said that you've
9 released a series of videos which have been
10 distributed to high schools throughout the state.
11 COMMISSIONER BARBARA FIALA: Uh-huh.
12 ASSEMBLYMAN MCDONOUGH: There's several
13 videos?
14 COMMISSIONER BARBARA FIALA: Uh-huh.
15 ASSEMBLYMAN MCDONOUGH: And --
16 COMMISSIONER BARBARA FIALA: Well, it's
17 one -- one --
18 ASSEMBLYMAN MCDONOUGH: One? Okay.
19 COMMISSIONER BARBARA FIALA: -- one message.
20 ASSEMBLYMAN MCDONOUGH: Could you tell me,
21 are they long, or, are they ten minutes?
22 Or -- I mean, something that could be used
23 easily?
24 I would like to get a copy of that, because,
25 as I said on the previous speaker, we do programs in
48
1 schools on distract -- mainly, drunk driving.
2 And this would be something that would be
3 very helpful.
4 COMMISSIONER BARBARA FIALA: I would gladly
5 get you a copy.
6 But, I was just told, that are five -- it's
7 five minutes. It's a five-minute video.
8 ASSEMBLYMAN MCDONOUGH: Great.
9 And you've seen the videos?
10 COMMISSIONER BARBARA FIALA: Yes.
11 ASSEMBLYMAN MCDONOUGH: Do they at all in the
12 videos, show the results sometimes? A tragic crash,
13 or something --
14 COMMISSIONER BARBARA FIALA: It does.
15 ASSEMBLYMAN MCDONOUGH: Good.
16 COMMISSIONER BARBARA FIALA: It does.
17 It --
18 ASSEMBLYMAN MCDONOUGH: All right, if you
19 could provide that --
20 COMMISSIONER BARBARA FIALA: It really is
21 geared to the message of the teen driver.
22 ASSEMBLYMAN MCDONOUGH: If you could provide
23 that, I'd appreciate it.
24 And the other thing is, as Senator Larkin
25 mentioned, the speaking engagements, where you --
49
1 these grants to have speaking engagements, where a
2 victim is sometimes, more information on that?
3 I guess I could look on the Governor's
4 website.
5 COMMISSIONER BARBARA FIALA: Because they
6 deal with actual victims, and I think that's a
7 powerful message.
8 ASSEMBLYMAN MCDONOUGH: Yes, right. We've
9 done that in drunk-driving programs as well.
10 So, it is a very distracting thing, and it's
11 growing. And the numbers you have are shocking.
12 So, thank you very much for being here, and
13 for what you're trying to do.
14 COMMISSIONER BARBARA FIALA: Thank you very
15 much.
16 SENATOR FUSCHILLO: Commissioner, thank you
17 for your testimony, and I look forward to working
18 with you and your staff.
19 COMMISSIONER BARBARA FIALA: Thank you,
20 Senator.
21 SENATOR FUSCHILLO: Thank you very much.
22 Joseph D'Amico, superintendent,
23 New York State Police.
24 SUPERINTENDENT JOSEPH A. D'AMICO: Good
25 morning.
50
1 I'm Joseph D'Amico, superintendent of the
2 New York State Police.
3 I'd like to begin by thanking
4 Senator Fuschillo and the Committee for this
5 invitation to testify regarding the law-enforcement
6 perspective on distracted driving, and to share with
7 you some insight which I hope will assist you in
8 your efforts to further improve the safety of
9 New York's roads and highways.
10 The impetus of today's hearing, the NTSB
11 recommendation for all states to adopt laws which
12 ban all use of personal electronic devices while
13 driving, deserves careful consideration, and I'm
14 pleased that this Committee is taking a proactive
15 response to the issue of driver distraction and its
16 impact on traffic safety.
17 How big an issue is distracted driving?
18 While it's certainly not the only issue
19 impacting traffic safety, quite frankly, I consider
20 it "the" issue in traffic safety for today, and the
21 foreseeable future.
22 Electronic devices have become part of our
23 very lifestyles, and these lifestyle changes can
24 have deadly effects when they take precedent over
25 other responsibilities, such as driving.
51
1 There is a segment of our society today
2 that's so accustomed, or, perhaps, even addicted, to
3 using their smartphones, cell phones, and other
4 devices, that these electronics have become a
5 central part of their lives 24/7.
6 As the father of teenagers, I see it daily.
7 Texting has become synonymous with talking.
8 And very often, I spot one of the kids
9 reading or sending text discreetly at the dinner
10 table in violation of house rules.
11 Phone discipline and house rules are strictly
12 enforced there.
13 That's precisely what's required if we intend
14 to reduce the incidents of distracted driving.
15 Discipline by drivers and strict enforcement,
16 statewide, is critical.
17 Do the recommendations of the NTSB to ban all
18 use of electronic devices, hand-free or not, while
19 driving make sense for New York?
20 Time will tell.
21 Certainly, our youngest drivers need to
22 understand, that while behind the wheel of an
23 automobile, driving safely is the only thing that
24 matters.
25 Driver inexperience, in and of itself, limits
52
1 the ability of our youngest drivers to perceive
2 potential dangers that they are about to encounter.
3 Two hands on the wheel and their attention on
4 the road are essential to traffic safety and to
5 developing lifelong good driving skills.
6 Any distraction should be minimized for
7 junior operators, and we need significantly more, in
8 the way of education, to reinforce this concept.
9 But, then, what about other drivers?
10 Is it any safer for other drivers to be using
11 phones or laptops?
12 Probably not.
13 They may be more experienced drivers, but
14 many of us are significantly less adept at using
15 microelectronics than our children, so the hazards
16 exist at any age.
17 So what could be done?
18 Law enforcement is one of the critical
19 elements in all of this, especially in traffic
20 safety. If, and how, laws are enforced ultimately
21 determines if they have their intended safety
22 benefits.
23 Therefore, as you consider new traffic laws,
24 it's imperative that you consider the enforceability
25 of these statutes.
53
1 Ultimately, the trooper, deputy, or officer
2 on the road must be able to clearly recognize and
3 articulate a violation of the law.
4 Regardless of how well-intended a law may be,
5 the easier it is to recognize the prohibited
6 behavior, the better it will be enforced, and
7 therefore obeyed.
8 So, in the context of electronic devices
9 while driving, even though research suggests that
10 drivers are distracted by the conversation, not just
11 the dialing or holding of the phone, how enforceable
12 is a ban on the use of hands-free communications?
13 How well can a police officer recognize and
14 articulate that a driver was engaged in this
15 conduct, versus a discussion with a passenger in the
16 car, singing to a song on the radio, or even talking
17 to themselves?
18 In addition, for a law to be well enforced, a
19 police officer must be authorized, by law, to stop a
20 vehicle for that violation alone.
21 We know from our own legislative history,
22 regarding portable electronics, and a long
23 legislative history concerning seat-belt laws in
24 other states, that secondary laws don't work well.
25 They convey to law enforcement and the public
54
1 alike, that the prohibited behavior either is not
2 that important or not that dangerous.
3 As a result, they are under-obeyed,
4 under-enforced, and they underachieve.
5 When Governor Cuomo signed the new Hand-Held
6 Electronic Devices Law last summer, removing the
7 secondary enforcement provisions, a significant
8 impediment to enforcement was removed.
9 As a result, State Police enforcement of
10 texting laws in the second half of last year more
11 than doubled versus the first six months.
12 And, I'm confident we can do much more.
13 New York State has been a national leader in
14 the area of distracted driving for many years, due
15 to our willingness to respond proactively to the
16 threats we face, and to learn from our experiences.
17 We were one of only two states selected by
18 the National Highway Traffic Safety Administration
19 to participate in a pilot project, to demonstrate
20 the effectiveness of high-visibility enforcement on
21 handheld-phone use.
22 The findings of that national pilot, were
23 that, high-visibility enforcement, combined with
24 effective public awareness, can reduce phone use and
25 texting while driving.
55
1 That project, which was conducted in the
2 city of Syracuse, and coordinated by the
3 Governor's Traffic Safety Committee, was awarded
4 largely because of the demonstrated commitment and
5 cooperation of our law-enforcement agencies to
6 traffic safety.
7 I would like to formally thank the
8 Governor's Traffic Safety Committee, and its
9 director, Chuck DeWeese, not only for their
10 leadership and support of that pilot project, but
11 for their continued support, which allows the
12 State Police to implement the technologies and
13 lessons learned from that project.
14 It's the implementation of those findings
15 that's allowing us to better safeguard New York's
16 roads and highways, now, and in the future.
17 One of the things we learned from
18 participation in the pilot project, was that the
19 New York State Police was not optimally equipped to
20 enforce distracted-driving laws.
21 In response, I ordered the limited use of
22 covert SUVs, to target drivers who text or use other
23 portable electronic devices while driving.
24 The SUV platform provides a higher stance
25 from which troopers can see the hand-held devices,
56
1 and these concealed-identity traffic-enforcement
2 vehicles are outfitted with covert lighting, which
3 allow them to operate inconspicuously in traffic,
4 but are extremely noticeable when the lights are
5 activated.
6 Their design resulted from lessons learned in
7 Syracuse, where unmarked SUVs, employed by local
8 agencies, proved highly effective at detecting
9 violators.
10 Troopers employing these new vehicles, built
11 specifically with this enforcement in mind, have
12 been ten times more effective at enforcing traffic
13 laws in general, and fourteen times more effective
14 at enforcing phone and texting laws, than troopers
15 operating standard patrol cars.
16 We're presently deploying more of these
17 vehicles to better equip our troopers statewide.
18 But this experience has demonstrated that
19 effectiveness in enforcing distracted-driving laws
20 requires significant dedication of resources.
21 We've been fortunate that the support of the
22 Governor's Traffic Safety Committee has allowed us
23 to implement innovations, and to dedicate resources
24 that we would not otherwise have.
25 While NTSB is exerting federal leadership by
57
1 asking states to adopt more restrictive
2 distracted-driving laws, and conduct high-visibility
3 enforcement of those laws, such recommendations
4 would be far more effective if they were coupled
5 with the funding necessary to make that happen.
6 The "Click It or Ticket" high-visibility
7 model, which has successfully raised seat-belt use
8 to unprecedented levels, was coupled with millions
9 of federal dollars for enforcement and public
10 awareness.
11 In addition, although NTSB and other safety
12 organizations have recommended bans on all use of
13 phones and portable devices, research has determined
14 that it's is not the device, but the mental
15 attention needed to communicate through it, that
16 underlies the danger.
17 From a safety standpoint, and as engineers
18 continue to build everything, from navigation
19 systems, to bluetooth communications, to
20 Internet-enabled smartphones, into their
21 automobiles, they may not be improving safety as
22 advertised, but, rather, enabling driver
23 distractions.
24 I'm not convinced that a driver accessing
25 their social-media account on a 9-inch screen built
58
1 into the dashboard is any less hazardous than one
2 holding a cell phone.
3 It may be time that the National Highway
4 Traffic Safety Administration employ its regulatory
5 responsibility for automotive safety, to prohibit
6 certain technologies, rather than just requiring
7 safety equipment, such as seatbelts and airbags.
8 That being said, there may be additional
9 legislative opportunities that could have the effect
10 of dissuading drivers in New York State from using
11 electronic devices.
12 Consideration could be given by the Committee
13 to topics, such as, the impact of distracted driving
14 on, young, and experienced, drivers; distractions as
15 they related to causal factors for crashes; and the
16 methods of adjudication and plea bargaining utilized
17 across the state for motorists charged with
18 distracted-driving offenses.
19 While distracted driving is an important
20 issue of concern, achieving traffic safety is a
21 comprehensive endeavor.
22 Impaired driving, speeding, aggressive
23 driving, and a myriad of other dangerous behaviors
24 are also commonplace on our roads and highways
25 daily, and public protection from those behaviors
59
1 rests solidly on the shoulders of law enforcement.
2 In addition, law enforcement has a broad
3 range of responsibilities competing for our time and
4 attention, including violent crime, drugs, gangs,
5 homeland security, and the list goes on and on.
6 Achieving safety takes commitment, but there
7 must be a continual balance of duties and
8 priorities, given everyone's limited resources.
9 As you consider the recommendations regarding
10 use of electronic devices while driving, consider,
11 too, that the National Transportation Safety Board,
12 last month, also endorsed the 2012 Roadmap to State
13 and Highway Safety Laws, by the Advocates for
14 Highway and Auto Safety, which rates the states
15 based upon the effectiveness of its laws to achieve
16 traffic safety.
17 That report ranks New York State number one
18 in the nation in its legislative effectiveness.
19 That's a considerable achievement, and a
20 testament to your commitment to enacting effective
21 laws.
22 I assure you that the New York State Police
23 will continue our efforts, by enforcing those laws,
24 to make New York's roads and highways as safe as
25 possible.
60
1 Thank You.
2 SENATOR FUSCHILLO: Thank you very much,
3 Superintendent, and I appreciate your willingness to
4 take the time, and your testimony, which is clearly
5 succinct and to the point.
6 I'd asked the Commissioner of DMV, based on
7 the statistics that I've seen on their website, of
8 the number of accidents and contributing factors
9 towards distracted driving, and cell-phone use and
10 texting: Are we at a peak? Are we on downturn? --
11 with the laws we have, the enforcement ability.
12 And, I do thank the members of your
13 department for their work as well.
14 SUPERINTENDENT JOSEPH A. D'AMICO: I don't
15 know that we're at a peak.
16 I'd have to agree with Mr. Sampson, when he
17 says that, you know, the use of phones and
18 electronic devices is actually increasing.
19 So, we may not be at the peak.
20 What we are -- what I do believe, is that,
21 distracted driving, as it relates to these hand-held
22 devices, is probably underreported.
23 I mean, we get a very good accounting when we
24 have serious injury and death.
25 But, for minor traffic accidents, oftentimes,
61
1 it's never known that distracted driving is a cause.
2 SENATOR FUSCHILLO: Now, what tools do you
3 need from the State, from the Legislature?
4 Are you looking for -- I understand the
5 educational enhancement is critically important, and
6 I agree with you on that.
7 And, Commissioner Fiala appropriately talked
8 about, how, when the seat-belt law, back in the
9 '80s, there was so much resentment against that.
10 But, now, the compliance rate is over 90 percent.
11 You know, time takes.
12 And you heard the National Transportation
13 Safety Board, Mr. Hart, talk about a cultural
14 change, and that's what it takes.
15 It's -- I mean, people are obsessive with
16 their cell phones, as you know, and all of the other
17 PEDs.
18 But, what tools, if necessary, would help the
19 State Police Department?
20 SUPERINTENDENT JOSEPH A. D'AMICO: Well, I
21 agree with the testimony that you heard earlier.
22 I mean, you know, drunk driving took a long
23 time, from the '70s, until we really had a good
24 grip on it in the '80s, through enforcement,
25 through education programs, by organizations like
62
1 Mothers Against Drunk Driving.
2 SENATOR FUSCHILLO: Right.
3 SUPERINTENDENT JOSEPH A. D'AMICO: Seatbelts,
4 the same thing. We started very heavily, you know,
5 in the '80s, and it took well over ten years until
6 we achieved that success rate.
7 And I think that we're looking at the same
8 thing here.
9 I think we need good public-education
10 campaigns.
11 I think that, you know, starting with
12 inexperienced new drivers, and our youth, is a very
13 important place to go.
14 You know, just from State Police statistics
15 in 2010, drivers under 21 make up 9.8 percent of the
16 New York licensed drivers.
17 But, of accidents investigated by the
18 State Police in 2010, where distracted driving was a
19 cause, 25 percent were under 21.
20 So, I think, you know, our younger and
21 inexperienced drivers prevent -- present even a
22 bigger problem for us.
23 We do a lot of education in the high schools
24 as well.
25 We've teamed up with an insurance company
63
1 that has a simulator in Western New York. We're
2 visiting the high schools, and doing driving and
3 texting simulation. And, it really is eye-opening.
4 You know, we've realized, just in-house, that
5 we weren't able to do effective enforcement using
6 marked vehicles, which is something that the
7 State Police has relied on for many years.
8 SENATOR FUSCHILLO: Right.
9 SUPERINTENDENT JOSEPH A. D'AMICO: So, we're
10 now changing our ways, to adapt, as I said earlier,
11 through the use of unmarked SUVs.
12 You know, I think it all comes down to
13 persistent education, persistent public-awareness
14 campaigns, and effective enforcement.
15 You know, the only other thing I would say,
16 is that we need to focus on, kind of, the results of
17 our enforcement.
18 You know, as you said earlier, you know, we
19 issued well over 1,000 summonses in each month, in
20 2011, after the law was passed.
21 But, you know, what's the result of these
22 summonses?
23 Are they being plea bargained down in local
24 courts?
25 You know, if you're issued a summons, that
64
1 should result in 3 points.
2 The point system is meant to take dangerous
3 drivers off the road, and to identify dangerous
4 drivers.
5 If we're plea bargaining down to violations,
6 even non-moving violations that don't have points,
7 in their disposition, then we're never learning who
8 our dangerous drivers are.
9 And judges who see them as repeat drivers are
10 never aware that they have a bad driving record.
11 SENATOR FUSCHILLO: And I appreciate that
12 comment.
13 And, that comment led to Leandra's Law, which
14 made it mandatory for the ignition-interlock system.
15 And, you're absolutely right; what are the
16 results of your efforts?
17 And, if the results of your efforts are to
18 non-moving violations, then it's really hurtful to
19 what you're doing, and your members are doing on a
20 daily basis.
21 And that's something that we have to look
22 into as we progress with this issue.
23 So, I appreciate your work and testimony, and
24 I look forward to working with you, as we gather
25 more testimony from individuals, and see how, what
65
1 we're going to do as a legislative body, to further
2 combat this serious issue.
3 Assemblyman McDonough.
4 ASSEMBLYMAN MCDONOUGH: No.
5 Thank you very much, Superintendent.
6 SENATOR FUSCHILLO: Okay.
7 ASSEMBLYMAN MCDONOUGH: It's very, very
8 interesting.
9 SENATOR FUSCHILLO: Senator Larkin.
10 SENATOR LARKIN: Good morning.
11 SUPERINTENDENT JOSEPH A. D'AMICO: Good
12 morning, Senator.
13 I think the item you said -- two or three
14 times, you said "education."
15 This past weekend, I had an opportunity to be
16 at West Point, and meeting with old friends.
17 You know?
18 Some of them were young lieutenants, and now
19 they're retired three stars, and I've only got an
20 eagle.
21 But I talked about this.
22 One of the things one of the generals said to
23 me: You know, Billy, you have to remember, at that
24 [unintelligible] station, I was God.
25 And I thought back.
66
1 And [unintelligible] if I got -- if you got
2 caught smoking, driving a government vehicle, I also
3 took your license away from driving your privately
4 owned vehicle.
5 And the uproar was, and I said "Take the bus
6 like people who don't have it."
7 But the thing here is, education has to be
8 done.
9 And, you know, somehow, we've got to start
10 telling parents: This is your responsibility.
11 And if some of these young people, they go to
12 college -- I was at a dinner about a month ago, at
13 some friends' house.
14 And three kids, they weren't even talking.
15 They were texting one another, to tell them where
16 they were going to go in school. [Unintelligible]
17 when this damn dinner was over, we're going to go
18 out and have a drink.
19 All I have to say is, as my granddaughter
20 said: You don't live in my grandfather's house.
21 I wouldn't put up with it.
22 But, again, I said what I said before: We
23 have too many parents who want to be -- "I want to
24 be friends with my daughter." "I want my son to
25 love me."
67
1 I have a 56-year-old son, and he said,
2 "You were terrible when I grew up. But now that I
3 have three kids in college, I think you were a
4 pretty smart man."
5 And I think that, all of the steps that we
6 can do for you, as law enforcement, is very, very
7 important.
8 What you've done, and I can tell you, I meet
9 lots of them in the Hudson Valley, they have so much
10 respect for you, and what -- you know, their old
11 friend John Melville -- and John Melville tells them
12 that you are doing a super job.
13 So this is an education.
14 But, we can't do it alone. It's going to
15 have to come from you, the Commissioner of
16 Motor Vehicles, the Traffic Safety Board.
17 What would you like to see New York do to
18 help us protect those who don't want to protect
19 themselves?
20 And, I thank you.
21 SENATOR FUSCHILLO: Thank you very much,
22 Superintendent, for your testimony, and your time.
23 SUPERINTENDENT JOSEPH A. D'AMICO: Thank you.
24 SENATOR FUSCHILLO: Appreciate it.
25
68
1 Jacy Good, board member of FocusDriven.
2 Good morning, Jacy.
3 JACY GOOD: Good morning.
4 Thank you very much for having me.
5 SENATOR FUSCHILLO: Well, thank you for
6 taking the time to be here.
7 I appreciate it.
8 You have a PowerPoint presentation?
9 JACY GOOD: Yes.
10 SENATOR FUSCHILLO: Okay.
11 JACY GOOD: And I guess I need help.
12 I need a password, and, I don't know what I'm
13 doing.
14 So I'll just get started, because I can jump
15 in before I get to those things.
16 SENATOR FUSCHILLO: Well, before you do that,
17 let's --
18 UNIDENTIFIED SPEAKER: Just hit "Enter."
19 SENATOR FUSCHILLO: Let's just hit "Enter."
20 JACY GOOD: Got it.
21 Thank you.
22 SENATOR FUSCHILLO: Okay?
23 JACY GOOD: So, I'm here representing
24 FocusDriven, the only federal nonprofit fighting for
25 cell-free roads.
69
1 And I just wanted to start by thanking you,
2 Chairman Fuschillo, and all of the distinguished
3 members of the Senate Transportation Committee, for
4 inviting our organization to be a part of this
5 extremely important subject that's affecting the
6 lives of everyone on or near a road.
7 And I guess a lot of what I'm going to say
8 has already been covered, but that doesn't hurt
9 anything.
10 I have some pretty pictures to go with it
11 too, I guess.
12 But, driving is the most dangerous thing we
13 ever do.
14 It kills more people than almost everything
15 else that we put our lives in danger with.
16 And, I guess, in a year's time, it's about
17 35,000 people killed from being on the road.
18 And that's not even to mention the physical
19 and emotional tolls of families losing loved ones,
20 and, the $1 billion going into hospital bills, and
21 property damage, and all this other astounding
22 numbers that are just crazy, because we need our
23 cars in this country. It's not really much of a
24 choice.
25 And that's wonderful, but, unfortunately,
70
1 society has become very accepting, and just kind of
2 complacent.
3 We -- I mean, I know, when I started learning
4 how to drive, I expected to get in an accident in my
5 lifetime. You know it's going happen to you.
6 And, there's actually a whole lot of science
7 behind all of this, and this is where my PowerPoint
8 starts.
9 That, when they've looked into this, what's
10 causing these crashes is driver error.
11 People making mistakes, 70 percent of the
12 time, it's definitely the cause of a crash.
13 And it's probably the cause of 93 percent of
14 the crashes that are happening, because, we screw
15 up. We make a mistake. We don't know what we're
16 doing.
17 And when you look into that, one of the
18 biggest errors we ever make is being distracted.
19 You know, there's the obvious ones of, manual
20 and visual, taking your hands off the wheel and your
21 eyes off the road.
22 The big one that we're talking about today is
23 the cognitive impairment that's being -- that's
24 happening.
25 And it's scary, because, when you are
71
1 cognitively impaired, you don't perceive that you're
2 in danger. It doesn't feel like anything is wrong.
3 You think you're seeing everything in front
4 of you. And, unfortunately, it's just not true.
5 And that's where this slide comes in.
6 [Slide being shown.]
7 That, looking at the brain, when you're just
8 driving, it's actually a very cognitively demanding
9 task, and it's horrible, because, driving feels like
10 second-nature. You don't think about driving when
11 you're driving.
12 And, unfortunately, there's a whole lot going
13 on in your brain.
14 And, even if you're just having a
15 conversation, on the right-hand side of this slide,
16 you can see, it's 37 percent less brain activity
17 associated with the road in front of you.
18 And the numbers are out there, that, one in
19 four crashes is caused by a cell phone. And it
20 doesn't really make any sense to me.
21 And, you know, I think, as the Superintendent
22 said, that's hugely underreported.
23 And it's -- actually, there's a lot of
24 misperception around this.
25 That, we are told by the state laws, by car
72
1 companies, by cell-phone companies, that if you use
2 the headset, and your hands are on the wheel and
3 your eyes are looking out your window, you're safe.
4 And as these MRI images show, it's just not
5 true.
6 There are over 30 studies, independent
7 studies, showing that a driver using a headset or
8 the bluetooth built into the car, is suffering from
9 the same difficulties with reaction time, headway,
10 staying in their lane, speeding, as a driver who's
11 holding the phone up to the head.
12 It doesn't make a difference.
13 And, I talked about this one.
14 And when this is going on in your brain, you
15 just don't see up to 50 percent of what's in front
16 of you.
17 [New slide being shown.]
18 This is a little hard to see, but each
19 picture has, this teal outline, of actually where
20 our eyes are looking.
21 They put cameras in the car to see what's
22 going on.
23 And you can see, on left-hand side, that box
24 includes this big yellow school bus on the left-hand
25 side. That, when you're talking on a phone, and,
73
1 your eyes just stop scanning, your brain doesn't
2 process it, you just don't see what's happening in
3 front of you.
4 And it's the whole idea, that, conversation
5 requires thinking. You're listening, you're
6 interpreting, you're recalling past information,
7 making decisions about when to reply.
8 And when you're doing that with a disembodied
9 voice on a cell phone, who's not in the car with
10 you, your brain's working even harder, because
11 you're creating this mental image of the other
12 person, and what kind of room they're in, and what
13 gestures they're making, and what their faces are
14 doing.
15 And it just, absolutely, distracts entirely
16 from our brains.
17 And, unfortunately, this idea of cognitive
18 distraction is hard to tackle. It's been almost
19 entirely ignored by lawmakers, and absolutely
20 disregarded by companies that want to profit from
21 cell-phone use while driving.
22 But, as was mentioned earlier, drivers having
23 cell-phone conversations are four times as likely to
24 crash, which is the same impairment as a person who
25 is intoxicated.
74
1 Impairment is impairment, whether it's coming
2 from intoxication or being on the phone.
3 And you guys know, I don't mean to lecture
4 you on this, the thing that's going to make a
5 difference are these real stories, the real faces.
6 I just want you guys to try and put yourself
7 in somewhere in my story, in my shoes.
8 So, the date was May 18th of 2008.
9 It was the best morning of my life.
10 [New slide being shown.]
11 I graduated from Muhlenberg College. It's
12 this tiny college in Allentown, Pennsylvania.
13 I had all kinds of honors. I had my dream
14 job lined up with Habitat for Humanity. I was
15 moving to Brooklyn; I was going be a city girl.
16 Life was perfect.
17 My parents and I had this easy
18 hour-and-a-half drive to get home. And, then it
19 was, real life, finally.
20 We got about halfway home that day, and we
21 were going the speed limit, 45 miles an hour. We
22 came to a green light.
23 As we came to that green light, there was
24 also an 18-wheeler, going north, just opposite us,
25 who also came through a green light.
75
1 As that happened, there was also an
2 18-year-old young man who was on that intersecting
3 road. And, he came to the red light, but that young
4 man was talking on his cell phone.
5 He suffered inattention blindness, and just
6 never -- I'm sure he looked at the red light, but
7 his brain did not process it. He did not know his
8 mind was more focused on the conversation than the
9 road in front of him, and he flew right into that
10 intersection, to make a left turn, and the
11 tractor-trailer swerved, to try and miss him, and
12 hit our white station wagon head on.
13 A dairy truck, full of milk.
14 I had two broken feet, a broken wrist, broken
15 collar bone, broken tibia and fibula, shattered
16 pelvis, lacerated liver, collapsed lungs, damaged
17 carotid arteries, and a traumatic brain injury.
18 I was given about a 10 percent chance of
19 surviving that night.
20 Neither of my parents were so lucky. They
21 were both pronounced dead on the scene.
22 58 years old, killed, because of a cell-phone
23 conversation.
24 And the main point I really want to hammer
25 home, is that, even -- and this is not only
76
1 affecting the people that are in the cars that this
2 is happening to. The ripple effects of these
3 tragedies are absolutely astounding.
4 That, my mom was the awesome 8th-grade
5 English teacher.
6 And, the next day was Monday; it was a school
7 day.
8 And three hundred 13-year-old kids had to
9 come to school and learn that Mrs. Good wasn't
10 there, because she was dead.
11 Those kids all had to go home and get support
12 from their family and their loved ones.
13 And those ripples just keep branching out to
14 absolutely astounding measures.
15 I was in a coma for my parents funeral.
16 I didn't get to go to my parents' funeral.
17 And then I had to relearn absolutely
18 everything.
19 I relearned how to walk, relearned how to
20 talk.
21 And even, still, just relearning how to do
22 everything; every day tasks in this body that I'm
23 stuck in for the rest of my life, with a brain
24 injury that lasts forever.
25 This is what my arm can do.
77
1 [Demonstrates.]
2 It's a lot tougher to do most tasks with one
3 arm.
4 And, you know, now I'm living without the
5 love of my parents. I was 21 years old, and both my
6 parents were killed.
7 And that's something I'll never get over.
8 And, I've just spent the last
9 three and a half years trying to find some kind of
10 meaning, and some kind of justice in the world; that
11 my parents can't be dead, because of whatever
12 insipid conversation this kid needed to have on his
13 phone right at that very moment.
14 And, I think telling this story, hopefully,
15 will have an impact on someone, somewhere.
16 And, you know, put yourself in my shoes: You
17 don't get to retire. You don't get to have
18 grandkids. Such a wonderful part of your life is
19 just taken away from you.
20 So, to kind of close up: As a resident of
21 New York, I just want to strongly encourage our
22 government to help put an end to these senseless and
23 100 percent preventable tragedies. They're
24 happening every single day.
25 As we've said, over and over, when you
78
1 combine education enforcement with laws, it puts an
2 end to these deadly tragedies.
3 And you know, what? This point in time,
4 drunk-driving laws seem like the most obvious there
5 is. You obviously should not drive when you're
6 drunk.
7 But, when those laws were coming to be, there
8 was lobbying against them.
9 How you can tell someone's drunk?
10 I get drunk off one beer.
11 I guess you guys could handle a few more than
12 that.
13 And, how's the law going to deal with that?
14 How you can tell when someone's drunk, or
15 someone's just a bad driver to begin with?
16 But through investigation, when crashes
17 happen, and making random stops, having that visible
18 enforcement, you know, that's put a huge reduction
19 in the drunk-driving tragedies that are happening.
20 And, I think it's very safe to say that
21 cell phones have replaced drunk driving with a much
22 higher frequency at this point in time.
23 So, in closing: On behalf of myself, my
24 parents, and all of the survivor advocates who have
25 lost such wonderful people in their lives, and this
79
1 organization of FocusDriven, I just want to urge you
2 to keep New York at the forefront of traffic safety,
3 and push for the law -- the laws that include bans
4 on all cell-phone use by all drivers.
5 And this is going to happen.
6 You know, we need to set the standard.
7 Again, as you did with the original
8 cell-phone law, that needs to set the standard for
9 investigations at crash sites, and high-visibility
10 enforcement.
11 I believe that's about all I've got to say.
12 And, I just want to thank you so much for
13 holding this hearing.
14 And, if you have any questions, I'll do my
15 best to answer.
16 SENATOR FUSCHILLO: Jacy, thank you very
17 much.
18 And, we're joined by Senator Perkins.
19 And, let me just say, on behalf of my
20 colleagues here, we are deeply sorry for the loss of
21 your parents, and the tragedies that you have
22 suffered as well.
23 And thank you for being here, and how
24 courageous are you to come before us.
25 And, we appreciate it.
80
1 But we're here because of exactly what
2 happened to you, and the tragedies that happened to
3 your parents as well.
4 When the National Transportation Safety
5 Board, and I believe you heard their testimony, when
6 they came out with their reported recommendations,
7 it's really what got myself and the Committee
8 members involved. That, we have to take a look at
9 this -- the seriousness of this issue in
10 New York State.
11 And, the statistics are just too high, and
12 you put a face on them.
13 And I thank you very much for your testimony
14 today.
15 JACY GOOD: Thank you.
16 SENATOR FUSCHILLO: John Corlette,
17 legislative director of AAA New York.
18 Hi, John. Good morning.
19 JOHN CORLETTE: Hi. Good morning.
20 Good morning, Mr. Chairman, and Committee
21 members.
22 My name is John Corlette.
23 I'm the chairman of the legislative committee
24 for AAA New York State.
25 We have 2.7 million members in
81
1 New York State.
2 As you know, on December 13, 2011, the
3 National Transportation Safety Board issued a
4 recommendation that states enact laws banning
5 drivers from using all wireless devices, both
6 hand-held and hands-free.
7 While no states have enacted such bans due to
8 mixed public support, AAA considers the NTSB
9 recommendation to be a significant step in advancing
10 the public dialogue about the dangers of distracted
11 driving.
12 AAA, the NTSB, and other safety organizations
13 are now -- are all working towards the same goal:
14 saving lives by reducing distracted-driving crashes.
15 In fact, for more than a decade, AAA has
16 encouraged drivers not to use the phone while
17 driving.
18 And, in New York State, our association
19 supported the nation's first law banning hand-held
20 mobile-phone use while driving, believing that it
21 would limit the manual distraction of holding a
22 phone, while encouraging drivers to have two hands
23 on the steering wheel.
24 And I might add, that was a somewhat
25 controversial position for us at the time. So...
82
1 Last year, we also strongly supported the
2 enactment of the law to provide for primary
3 enforcement of the State's ban on the use of PEDs by
4 drivers to text, send e-mail, and browse the
5 Internet while driving.
6 Primary enforcement serves as a more
7 effective deterrent, and empowers law enforcement to
8 more effectively put a stop to that dangerous
9 conduct.
10 Among its recommendations, the NTSB called
11 for all 50 states and the District of Columbia to:
12 Ban the non-emergency use of PEDs for all
13 drivers;
14 Number two: Use the National Highway Traffic
15 Safety Administration model of high-visibility
16 enforcement to support these bans;
17 And, three: Implement targeted communication
18 campaigns to inform motorists of the new law and
19 enforcement, and to warn them of the dangers
20 associated with the non-emergency use of PEDs while
21 driving.
22 As members of this Committee know, the first
23 recommendation significantly exceeds any existing
24 state laws restricting texting and cell-phone use
25 behind the wheel.
83
1 Currently, 35 states and Washington, D.C. ban
2 text messaging while driving; and only 9 states,
3 including New York and D.C. ban hand-held
4 mobile-phone use.
5 Due to mixed public support, few proposals to
6 completely ban mobile-phone use have been seriously
7 considered by state legislative committees, and none
8 has ever passed a floor vote in a state legislative
9 chamber.
10 Accordingly, AAA has focused on educating the
11 public about the risks of distraction, funding
12 research to advance our understanding of the various
13 driving distractions, and continues to advocate far
14 more attainable legislative objectives, such as,
15 texting bans and full wireless bans for teens.
16 Which I might add, New York State currently
17 lacks.
18 AAA also supports the NTSB's second
19 recommendation, to expand the use of high-visibility
20 enforcement initiatives, such as those modeled on
21 NHTSA's "Phone in One Hand, Ticket in the Other"
22 pilot programs, which have proven effective in
23 curbing phone use.
24 As mentioned earlier, in pilots in Syracuse,
25 and Hartford, Connecticut, enforcement campaigns
84
1 were modeled after NHTSA's successful national
2 "Click It or Ticket" seat-belt campaign, and we're
3 the first in the country to thoroughly measure
4 whether a combination of increased law enforcement
5 and public-service announcements could compel
6 drivers to put their mobile phones down and focus on
7 driving.
8 During four enforcement waves over the course
9 of one year, NHTSA observed mobile-phone use, and
10 conducted public-awareness surveys at
11 driver-licensing offices in the two cities.
12 They found:
13 In Syracuse, both hand-held use and texting
14 declined by one-third;
15 And, in Hartford, Connecticut, there was a
16 57 percent drop in hand-held use, and texting behind
17 the wheel dropped by three-quarters.
18 Based on these encouraging results, NHTSA
19 officials have said they hope to test
20 high-visibility enforcement at a wider state level.
21 And we would encourage New York State
22 officials to pursue this opportunity to launch a
23 statewide high-visibility enforcement program, with
24 the assistance and evaluation from NHTSA.
25 Finally, the AAA Foundation for Traffic
85
1 Safety is now in the middle of a new research
2 project that we hope will answer some of the
3 outstanding questions in the policy debate about how
4 different sources of distraction impact drivers.
5 Working with Dr. David Strayer, of the
6 University of Utah, the AAA Foundation will
7 specifically analyze the impact of the cognitive
8 distraction caused by a wide range of specific
9 distractions, including the hand-held and hands-free
10 mobile devices.
11 The research is expected to yield a new
12 rating scale for sources of distraction, enhance
13 policymakers' knowledge of the issue, and make a
14 valuable contribution to the discussion we are
15 having here today.
16 The project is expected to be completed in
17 the fall of this year.
18 The NHTSA recommendation pushes states to
19 consider full bans. Although there might not be
20 widespread public support or strong political
21 appetite for this measure at this time, it's an
22 important conversation to have.
23 Forums like this draw attention to the issue,
24 helping identify appropriate policy responses for
25 legislators and other officials.
86
1 AAA suggests that this includes effectively
2 enforcing our existing laws related to texting and
3 hand-held use, as well as promoting a strong safety
4 message to all drivers that they should avoid any
5 cell-phone use, hands-free or hand-held.
6 Thank you for allowing us the opportunity to
7 contribute to this important safety discussion.
8 SENATOR FUSCHILLO: John, thank you very
9 much.
10 And, I appreciate your testimony, and your
11 work, on behalf of AAA.
12 But, as you know --
13 And I don't know if you were here when the
14 first speaker was here, and I'll go back to it.
15 -- it's a cultural shift, it's a cultural
16 change.
17 And, as you heard, when the seat-belt ban was
18 implemented, there was a reluctance to it.
19 Now there's, obviously, an acceptance of
20 public safety and passage of safety to that.
21 I remember when I offered the no-smoking ban
22 in New York State, the reluctance to that.
23 And, you probably don't even remember
24 anymore, when you went into a restaurant and they
25 said, "Smoking or not smoking?"
87
1 It's become a non-issue because of a
2 public-health policy.
3 And, we'll see what the future holds.
4 But, the obsession of the use of a cell phone
5 or a PED in cars is just out of control.
6 And, you saw the young lady that testified
7 before, in a very emotional testimony.
8 JOHN CORLETTE: Uh-huh.
9 SENATOR FUSCHILLO: And I mentioned earlier,
10 the statistics, how they just seem to be growing.
11 She really put a face on what this is
12 actually doing to individuals here in
13 New York State, and throughout the country as well.
14 So, I thank you for your testimony.
15 And I look forward to working with you, as we
16 deal with this issue of distracted driving, in the
17 future.
18 JOHN CORLETTE: Sure, okay.
19 Thank you very much.
20 SENATOR FUSCHILLO: Assemblyman McDonough.
21 ASSEMBLYMAN MCDONOUGH: John, thank you very
22 much.
23 I had a thought, and it may be pie in the
24 sky, but -- and AAA is a very large and influential
25 organization.
88
1 You know that, today, insurance companies
2 give a discount if you take the driving course. You
3 know, you'd get a 10 percent reduction on your
4 insurance fees, if you take those defensive-driving
5 courses.
6 They also, as cars are being produced, if
7 your car is equipped with certain safety devices,
8 they give a discount for that, if you look at your
9 premium breakdown.
10 Now, this looks a little crazy, maybe, but I
11 don't think it could be: If cars were to be
12 equipped, as I said before, with a device that
13 cripples cell-phone communications within the car
14 during that time, which you know can be done.
15 That's not a problem.
16 I would think the insurance companies would
17 give a great discount for that because of the number
18 of accidents that are on there, and, of course, the
19 insurance costs.
20 How do you feel about something like that?
21 JOHN CORLETTE: I'm aware that the technology
22 is out there.
23 I think it's something that should be looked
24 at, you know, with -- perhaps with insurance
25 companies.
89
1 I don't think any representative from an
2 insurance company is here.
3 ASSEMBLYMAN MCDONOUGH: We have now, on the
4 drunk-driving laws -- of course, this follows a
5 conviction -- but then you have to use the
6 ignition-interlock device, which prevents you from
7 driving drunk at all in the future.
8 But, we know that technology could be done,
9 but I think that it would be a tremendous savings.
10 And as, you know, representative of such a
11 large organization as AAA, I think that's something
12 to consider also, that we could do that.
13 People wouldn't like it, but, that's the
14 breaks.
15 You know?
16 JOHN CORLETTE: Sure.
17 ASSEMBLYMAN MCDONOUGH: Okay.
18 SENATOR FUSCHILLO: Thank you very much.
19 JOHN CORLETTE: Thank you.
20 SENATOR FUSCHILLO: Dr. Jim Hedlund,
21 principal of Highway Safety North.
22 Good morning, Doctor.
23 DR. JAMES HEDLUND: Let's see.
24 I need a little technological help here, to
25 get something up and going.
90
1 Good morning; and, thank you, Mr. Chairman,
2 for inviting me here.
3 My name is Jim Hedlund.
4 I am a consultant in traffic safety issues,
5 and from Ithaca, New York, the town where I was
6 born, and grew up.
7 I have been doing this for the last ten years
8 or so.
9 And, for the 22 years before that, I worked
10 for the National Highway Traffic Safety
11 Administration, in behavioral issues, such as, drunk
12 driving, and seat-belt use, and things like
13 distraction.
14 I've given -- I'm probably here because of
15 this document, which I'm glad to provide for the
16 Committee.
17 This is: "Distracted Driving: What Research
18 Shows, and What States Can Do."
19 This is a document that I prepared and wrote
20 last summer for the Governors' Highway Traffic
21 Safety -- for the Governors' Highway Safety
22 Association, which is the association of all state
23 traffic-safety offices, including GTSC here in
24 New York.
25 And it attempts to summarize all the research
91
1 that is out there.
2 I will give a summary of that for you.
3 My written testimony boils this down a little
4 bit more, and the PowerPoint boils it down even more
5 yet.
6 So, a large part of my work here, is to give
7 you some background, and to give you the information
8 that I think you need in considering this.
9 I will go very quickly through these.
10 And one of the advantages of being late in
11 the hearing, is I don't have to talk about some of
12 these things anymore.
13 [Slide being shown.]
14 But, I'll cover the four areas that you have
15 in your charge for the hearing; and, finally, at the
16 last, I will give you my personal suggestions.
17 [New slide being shown.]
18 You've heard about NTSB's recommendations.
19 I make the point only that there's three
20 parts.
21 They say: Pass a law, enforce the law, and
22 publicize the law.
23 Passing the law is easy.
24 Enforcing it, as you heard from the
25 Commissioner, is much more difficult.
92
1 So, that's an issue that you seriously must
2 consider.
3 [New slide being shown.]
4 What is "distracted driving"?
5 It's useful to take about 10 seconds to think
6 about this.
7 And, you're distracted by four things:
8 When your eyes are not on the road;
9 When you're hearing something, that has
10 nothing to do with driving;
11 When your hands are fiddling with something,
12 other than the wheel of the vehicle controls;
13 And, as recent testimony said, when your
14 brain is thinking about something.
15 And most distractions involve two or three of
16 these.
17 Hand-held cell phone or texting are the worst
18 because they involve all four.
19 You have to look find the thing;
20 You have to hold it to your ear or to punch
21 the numbers in;
22 You hear the conversation, for the hand-held
23 phone;
24 And then you're thinking about it.
25 [New slide being shown.]
93
1 Here's something that you really need to
2 know: Drivers are distracted much of the time.
3 The best studies, which followed 100 cars for
4 a full year, recording everything the drivers did,
5 concluded -- video on them, and all the rest --
6 concluded the drivers were distracted by something
7 or other, between a quarter and a half of the time.
8 In crashes, the best evidence says, some
9 drivers are distracted between 15 and 30 percent of
10 the time.
11 And that's, as was pointed out, very
12 difficult to determine, because, in a crash report,
13 you know very well what happened when the car
14 crashed.
15 You don't know what happened, what the driver
16 was doing, immediately before the crash.
17 So, these are probably underreported.
18 Distraction is probably even more important
19 than that.
20 [New slide being shown.]
21 Cell phones and texting are -- have some
22 better data.
23 You ask people in surveys, and then -- there
24 are about three recent surveys that say:
25 Two-thirds of people admit that they use cell
94
1 phones when driving;
2 And, a good one-third of people say they use
3 cell phones regularly when they're driving.
4 Surveys: Standing on the side of the road,
5 observing people, during daylight hours;
6 7 to 10 percent, of any driver, during daylight
7 hours, in this situation, is using a cell phone.
8 This happens lots.
9 Texting is not quite as frequent, but, a good
10 third of people admitted that they read, and a
11 quarter sent, a text within the last month.
12 Observations, it's down, on the 1 percent; in
13 that neighborhood.
14 Texting, though, is growing rapidly.
15 And, as had been pointed out earlier, younger
16 drivers do this more frequently than older drivers.
17 [New slide being shown.]
18 How do cell phones affect performance?
19 The best way to do this is in experimental
20 settings. There are lots of studies.
21 You can find summaries of them in the
22 document that I have provided for you.
23 The distractions definitely affect
24 performance on things like, reaction time.
25 The real problem with experiments, is that
95
1 they are experiments. They're artificial
2 situations. They're not the same as driving down
3 the road.
4 So, inferring from the results of
5 experiments, to crash risk, simply cannot be done.
6 You need to go and look at crash-risk studies.
7 [New slide being shown.]
8 The problem with crash-risk studies, what you
9 would like know, is: Was this driver using a cell
10 phone immediately before they got into the crash?
11 And, something to compare that with.
12 Unfortunately, in the United States, you
13 cannot get cell-phone records to do these kinds of
14 studies.
15 The only two studies that have directly tied
16 cell-phone records to drivers in crashes, happened,
17 one in Canada, one in Australia.
18 And those are the two that I cite there.
19 They show crash risk about four times higher
20 when using a cell phone. And they show,
21 essentially, no difference between the hands-held
22 and the hands-free.
23 There are some other studies that use less
24 direct, but broader methods. And, they find crash
25 risks of about three times for cell phones.
96
1 This naturalistic driving study that I
2 described recently, finds crash risk, from a little
3 bit more than one, up to three times, for various
4 secondary tasks, of which cell-phone use is one.
5 On the other hand, there's a collision-claim
6 study, put out by the Highway Loss Data Institute,
7 which looked at changes in insurance-collision
8 claims during the last ten years, when cell-phone
9 use has just boomed.
10 And, they found no difference.
11 They also looked at differences in collision
12 claims between states, with and without cell-phone
13 laws.
14 And, they found no difference.
15 [New slide being shown.]
16 Conclusions: Yes, cell-phone use increases
17 crash risk, to some extent.
18 It certainly causes individual crashes, such
19 as those that the Safety Board investigated, but,
20 there's really no consensus on how much it increases
21 crash risk.
22 There is no conclusive evidence on whether
23 hands-free is less risky than hands-held.
24 There's suggesting that it -- suggestive
25 evidence that it probably is, because it doesn't
97
1 involve that piece of distraction involved with your
2 hand, but there's no conclusive evidence.
3 And texting is probably more dangerous; but,
4 again, nothing conclusive in the research.
5 [New slide being shown.]
6 Let's get to laws.
7 Cell-phone laws prohibiting hand-held, you
8 have one. Nine other states do.
9 This is the case for all commercial drivers
10 as well, by federal regulation.
11 Most European countries have such a law.
12 There is research that says, when states
13 implement these laws, cell-phone use decreased
14 substantially at first, and rose up again
15 afterwards, but still lower than adjoining states.
16 There's no good research on the effect of
17 these laws on crashes, unfortunately.
18 And, no state, no country except Japan,
19 that's the only exception, bans hands-free
20 cell-phone use.
21 And I might point out, here, that the
22 Federal Motor Carrier Safety Administration, which
23 regulates all commercial drivers, recently issued a
24 regulation, which permits hands-free use by
25 commercial drivers. It has to be one-touch.
98
1 You have to have something set up so you can
2 either voice activate or just touch with it one
3 button.
4 But, commercial drivers are permitted to use
5 hands-free cell phones.
6 Texting laws: 35 states and New York have
7 them.
8 There are no evaluations of these.
9 [New slide being shown.]
10 Enforcement: You've heard about this four
11 times already today, so I don't need tell you about
12 it anymore.
13 [New slide being shown.]
14 Education: There are lots of campaigns out
15 there.
16 And you've heard about, several people, this
17 testimony, encouraging you to do education.
18 There's no evaluation of any of these.
19 And, I might make a point, that, in other
20 traffic-safety areas, such as seat-belt use, and
21 drinking-and-driving, education by itself had little
22 effect.
23 The only time you got an effect was when you
24 combined laws and enforcement, and education backing
25 those up.
99
1 Do not make the mistake of thinking, just
2 putting out an education campaign will solve the
3 problem for you, because it will not.
4 [New slide being shown.]
5 Cell phones and young drivers: They use they
6 things more frequently. They have the highest crash
7 risk.
8 States have recognized this, by putting
9 additional restriction on young drivers.
10 New York has a very good Graduated Driver
11 Licensing Law, which restricts nighttime driving and
12 passengers.
13 Of course, you've got the hand-held
14 cell-phone and texting ban.
15 But, 30 states, and D.C. ban all cell-phone
16 use for all young drivers.
17 This, in a sense, helps give the parents the
18 backbone to do what they already want to do; which
19 is, prohibit their beginning drivers from using
20 these things.
21 [New slide being shown.]
22 So, I will conclude with my suggestions for
23 you.
24 You've got the right -- the most important
25 laws already: the hand-held and the texting bans.
100
1 I think it's premature, at this point, to go
2 for a hands-free cell-phone ban.
3 I would consider, seriously, putting in a
4 hands-held ban for beginning drivers.
5 Enforcement recognized that any law you pass,
6 as the Commissioner said, has to be enforced.
7 If you don't enforce it, it sends a message,
8 you didn't really mean it in the first place.
9 Enforcement needs resources.
10 Enforcement and traffic safety has to spread
11 across the whole gamut of, drunk driving, and
12 seat-belt use, and everything else.
13 So, consider resources before you put in a
14 law that's tough to enforce.
15 As I just said, tie the education to the
16 laws.
17 And, finally, a number of countries, over
18 1,500, have policies in place regarding cell-phone
19 use by their drivers on company business.
20 This is a place where it can be enforced.
21 You know, you're a company; you can tell your
22 drivers what they can and cannot do.
23 Some of these companies have "hands-free"
24 policies as well.
25 So, encourage your employers, and, the State
101
1 of New York is an employer, after all, to adopt
2 these policies.
3 Thank you very much.
4 I leave you with the document, and I would be
5 glad to answer any questions, or to provide any
6 other assistance that I may.
7 SENATOR FUSCHILLO: All right, Doctor, you've
8 been very clear.
9 And, I appreciate your recommendations, and,
10 your expertise. And, certainly, your years of
11 experience.
12 As we've stated before, this is a very
13 serious issue that New York State is facing.
14 And, we're going to see how we proceed in
15 dealing with this issue, and just combating, whether
16 it's education -- enhanced-education requirements,
17 or, you know, enhanced laws as well.
18 Senator Perkins has a question.
19 Senator?
20 SENATOR PERKINS: Thank you.
21 Thank you for your presentation.
22 I wanted to ask: So, who is doing this the
23 best, in terms of, enforcement, and identifying the
24 problem, and coming up with laws and measures that
25 are helping?
102
1 DR. JAMES HEDLUND: New York -- New York is
2 doing it as well as anybody.
3 New York is actively enforcing the hand-held
4 ban.
5 Here's an article from "The Ithaca Journal,"
6 a couple of weeks ago, saying, "The Ithaca Police
7 Department will emphasize enforcement of
8 distracted-driving laws in February."
9 You're doing it well, and you have good laws.
10 SENATOR PERKINS: And how do we compare to,
11 let's say, the Europeans?
12 I notice you made reference to the fact that
13 cell-phone laws prohibit hand-held phones in most
14 European companies.
15 How are they doing in comparison to the
16 United States?
17 DR. JAMES HEDLUND: The laws are the same as
18 you have here, prohibiting hand-held cell phones.
19 The enforcement is the same model that has
20 been recommended, and that was used in Syracuse, of
21 high-visibility enforcement.
22 SENATOR PERKINS: Are they doing anything
23 different that we could look at?
24 DR. JAMES HEDLUND: Some of the European
25 countries are doing more of it.
103
1 New York has had just the one demonstration,
2 in Syracuse, which lasted for a year.
3 You're considering additional demonstrations,
4 or considering expanding that, this year.
5 The Europeans have gotten there a little
6 earlier, and they're doing a little more of it.
7 SENATOR PERKINS: Any specific countries that
8 you have in mind --
9 DR. JAMES HEDLUND: I can't say why.
10 SENATOR PERKINS: All right, thank you.
11 DR. JAMES HEDLUND: Thank you.
12 SENATOR FUSCHILLO: Thank you, Doctor.
13 Thanks very much.
14 Kevin Ro, and, Wayne Weikel.
15 Good morning, gentlemen.
16 Wayne, you're the director of state affairs
17 for the Alliance of Automobile Manufacturers;
18 And, Kevin, you're the director of technical
19 and regulatory affairs for the Vehicle Safety Group,
20 Toyota Motor North America.
21 Thank you very much, both of you, for being
22 here.
23 WAYNE WEIKEL: Good morning, Mr. Chairman,
24 members of the Committee, Assemblyman.
25 I want to commend you for holding this
104
1 hearing today, and your engagement on this issue of
2 distracted driving.
3 The Alliance genuinely appreciates the
4 opportunity to address this body today.
5 While I won't read my testimony in its
6 entirety, I did want to talk a little bit about the
7 legislative agenda of the Alliance that we've been
8 pushing, and highlight some of the technologies that
9 our member companies have employed to keep your
10 constituents and our customers safe.
11 The state of New York has been mentioned many
12 times today. It should be recognized for its role
13 as a longtime leader in driver -- in public-policy
14 efforts, to keep the motoring-public safe; from
15 aggressive drunk-driving laws, to early recognition
16 of distracted driving, as a real concern. The first
17 state in the nation to ban handheld-phone use, as
18 well as an early adopter on texting-while-driving
19 laws.
20 While the states have followed, New York has
21 continued to be a leader in this front.
22 I spent a good portion of my time visiting
23 legislatures across this country, trying to convince
24 your peers to engage on issues of distracted
25 driving.
105
1 To help guide and encourage legislative
2 bodies, the Alliance has developed model laws to ban
3 the use of mobile telephone.
4 To engage a call, unless it is used a
5 hands-free device; and another, to prohibit texting
6 while driving; both positions the New York -- State
7 of New York has already adopted.
8 But, as has been mentioned many times today,
9 to be clear: The adoption of good public policy is
10 only the first step to changing practices in the
11 public.
12 Efforts need be made to educate citizens,
13 that, both the existence of the laws and their
14 reasons for adoption.
15 We need consumer education so that drivers
16 know, that even with cutting-edge technology in our
17 cars, driver distractions remain at risk; not just
18 hand-held texting, and hand-held calling, but,
19 eating, drinking, searching for a CD, reading a
20 newspaper, putting on makeup, shaving -- anything
21 that provides -- that prolongs a driver's eyes off
22 the road or hands off the wheel presents a risk.
23 Numerous studies will show that -- the effect
24 of high-profile public-awareness campaigns can make.
25 "Click It or Ticket" on seatbelts;
106
1 "You Booze, You Lose," on drunk driving;
2 "Take 10 from 2," from -- to combat fatigue --
3 we need a similar effort around distracted driving.
4 As the doctor said, part of your awareness
5 campaign must include a high-visibility enforcement.
6 Drivers understand that breaking this --
7 drivers must understand that breaking this law will
8 result in negative consequences: a fine, higher
9 insurance rates.
10 We hear, anecdotally, stories of, after
11 someone has received a ticket for hands-free or
12 texting while driving, when it actually comes time
13 to going into court, that that may end up not
14 actually translating into a fine or the higher
15 insurance rates.
16 Sound public policy, along with aggressive
17 enforcement, is the key to reducing the risks
18 presented by driver distraction.
19 The Alliance and our members have tried to do
20 our part to educate the public.
21 We are proud to have partnered with the
22 American Academy of Orthopedic Surgeons on a
23 national education program titled "Decide to Drive."
24 This campaign has been recognized by the
25 U.S. Secretary of Transportation, and presented with
107
1 a prestigious CLIO Award.
2 We remind drivers that when they're behind
3 the wheel, they need to "decide to drive."
4 Using the Chairman's words,
5 "Absurdly simple," but, it really gets to the heart
6 of the problem.
7 Alliance members must understand that in
8 vehicle -- Alliance members have long understood
9 that in-vehicle information and communication
10 systems have the potential to distract drivers if
11 not properly designed.
12 In July of 2000, the Alliance met the
13 challenge of the National Highway Traffic Safety
14 Administration, and developed these driver-focused
15 "Telematics Guidelines."
16 This 80-page guidelines consist of
17 24 principles that address the design, use, in
18 installation of telematic systems, with the goal of
19 maximizing eyes on the road all the time.
20 Some examples include issues, such as:
21 Position of visual in-vehicle telematic
22 systems are addressed, stipulating, that should be
23 positioned close to the driver's normal line of
24 sight; thereby, allowing the drivers to continue to
25 monitor the road peripheral while they're looking at
108
1 the display.
2 Ever notice, how, on most new cars, the
3 in-dash screens are placed very high in the center
4 console?
5 That's to -- based on these guidelines, to
6 keep your eyes on the road for as long as possible.
7 Also, setting visual demand limits,
8 stipulating, that eyes-off-the-road time is limited
9 to tasks that can be accomplished with short glances
10 away from the road.
11 One example, is that: In our member
12 companies' cars, you cannot enter a new address into
13 a GPS system.
14 You can call up a previously found address,
15 but you can't take the time to plug in an address, a
16 city, a state, which would take too much mental
17 focus, and eyes away from the road.
18 Since 2002, all Alliance members have agreed
19 to abide by these guidelines when building their
20 cars.
21 The guidelines are just one example of how
22 Alliance members build cars today that are safer
23 than they have ever been.
24 Guidelines responsible for countless
25 technological improvements to increase driver
109
1 safety, head-up displays of vital automobile
2 information, voice-activated system controls,
3 bluetooth phone recognition, audio GPS directions;
4 each designed to keep the driver's eyes on the road
5 and hands on the wheel.
6 To further reduce traffic fatalities, we'll
7 continue with cooperative efforts between vehicle
8 manufacturers, government and non-government
9 stakeholders, to address each element of vehicle
10 safety, including roadway infrastructure, driver
11 behavior, and vehicle design.
12 SENATOR FUSCHILLO: Kevin.
13 KEVIN RO: Thank you.
14 I also will provide a shortened version of my
15 testimony so that we can ensure that we have more
16 discussion on the topic.
17 I want to thank you, Chairman, and the
18 Committee, for inviting me to testify before you.
19 I work for Toyota Motor North America. I'm
20 the director of the vehicle safety group.
21 And I -- Toyota is very strong and supportive
22 of the Alliance-model bill language.
23 We also want to commend New York for taking
24 the leadership role in banning cell-phone usage and
25 texting from drivers.
110
1 Toyota strongly also support the
2 National Highway Traffic Safety Administration, and
3 their view, that the primary responsibility of the
4 driver is to operate the motor vehicle safely.
5 We recognize this, and, we also recognize
6 that drivers today are faced with very complex
7 driving environments that demand concentration and
8 good judgment.
9 And vehicle manufacturers are working, and
10 competing, every day, to create improved systems
11 that are designed to assist the driver in safely
12 operating the motor vehicle.
13 In line with NHTSA, and NHTSA positions -- in
14 line with the Alliance and NHTSA positions, and to
15 meet the needs of drivers, Toyota's philosophy is,
16 to make -- ensure that the driver is driving
17 focused.
18 This philosophy has three components.
19 The first is: Societal communication and
20 education;
21 The second is: Human-machine-interface
22 research;
23 And the third is: Product implementation.
24 The societal communication and education,
25 Toyota has been active in engaging in numerous
111
1 activities to improve driver safety and awareness of
2 the dangers of distracted driving.
3 We worked with organizations, such as
4 law enforcement; national safety organizations, such
5 as the National Safety Council, RADD, SADD, on their
6 campaigns against texting while driving.
7 We've also had anti-texting advertising
8 campaigns that aired on MTV, Comedy Central,
9 Spike TV, TV Land, VH-1, Nick at Night, and
10 Nickelodeon.
11 For human-machine-interface research
12 activities, this element finds its foundation in a
13 strong research base of both internal and
14 collaborative research projects.
15 Toyota has over 30 years of research in this
16 area, to assist the driver with the driving task.
17 Among the numerous research efforts includes,
18 Toyota's Collaborative Research Center, based in
19 Michigan, which was founded in January of 2011.
20 And, among many research projects, it
21 includes, driver distraction-related projects with
22 Wayne State University, Massachusetts Institute of
23 Technology's Age Lab, and the Virginia Tech
24 Transport Institute.
25 Toyota also conducts in-house testing that
112
1 includes driver-simulator and naturalistic-driving
2 studies.
3 For product implementation, this, we believe,
4 is a most visible embodiment of making sure that
5 drivers are focused on the driving task.
6 Looking at our products, one that strongly
7 illustrates Toyota's decision to curb distracted
8 driving, is looking at our navigation system.
9 We were one of the first manufacturers that
10 locked-out drivers from certain functions while
11 driving.
12 Despite many complaints from our customers,
13 we assured them that this was for the better good.
14 Although we have -- in more recent years,
15 Toyota's in-tune telematic systems, which
16 piggyback's off of cell-phone connectivity, through
17 bluetooth technology, allows the drivers to drive
18 hands-free, with their hands on the wheel, eyes on
19 the road.
20 And this technology also allows the voice
21 operation of application functions, and provides
22 navigation assistance.
23 In closing: Toyota holds itself to be a safe
24 and responsible corporate citizen.
25 We stand ready to work with government and
113
1 safety groups toward the shared goal of making the
2 driving task safer.
3 Toyota believes that, working together, we
4 can help drivers to keep their eyes on the road and
5 their hands on the wheel.
6 And as such, we greatly appreciate the
7 opportunity to be here today.
8 Thank you.
9 SENATOR FUSCHILLO: Kevin, thank you very
10 much.
11 You know, the cars of today are becoming the
12 cars of convenience for the portable electronic
13 devices.
14 You know, when you get in a car, you can
15 download your BlackBerry, you download your phone
16 list, in there; you can download your music on your
17 iPhone; you can have it all, and stored in the cars
18 in their central computer system.
19 And, I appreciate the advancements of Toyota
20 in banning the use of entering the information for a
21 navigation system.
22 I was reading an article recently, about how
23 a car manufacturer is looking to the future, dealing
24 with the issue of drunk driving; where, the person's
25 hands on the steering wheel, the perspiration, can
114
1 detect whether there is any alcohol or not.
2 And looking into the future, because I'm sure
3 Toyota's not looking to create cars just for today,
4 or next year, but, way out there.
5 Is there technology that would possibly
6 prohibit -- and Assemblyman McDonough brought this
7 up before -- the use of an electronic device in a
8 car?
9 Sort of a blocker, I think you had mentioned,
10 while the engine's running?
11 KEVIN RO: Well, the issue of blocking the
12 signal, as mentioned earlier, I understand that,
13 currently, that there is actually a ban on blocking
14 FCC signals.
15 So, there's an issue there, that we wouldn't
16 be able to install that technology in our vehicles.
17 SENATOR FUSCHILLO: Right.
18 KEVIN RO: But I think, that, in the
19 direction that we're headed today, we've got
20 technologies that we're installing, to ensure that
21 driver has, you know, hands on the wheel, eyes on
22 the road.
23 We also are conducting studies, through
24 M.I.T., and Wayne State University's Medical School,
25 and Virginia Tech, to better understand the
115
1 distraction for drivers; not just the physical
2 being, but, rather, the cognitive as well.
3 Virginia Tech is going to be helping us
4 analyze a Transportation Research Board study of
5 naturalistic driving of 3,000 drivers, which is the
6 next step beyond the one that Dr. -- the previous
7 doctor mentioned, with 100 vehicles.
8 And we believe that study's going to help us
9 to better understand the whole driving environment,
10 and the whole issue of driver distraction, even
11 better.
12 SENATOR FUSCHILLO: All right, thank you very
13 much.
14 Thank you very much.
15 ASSEMBLYMAN MCDONOUGH: Thank you.
16 SENATOR FUSCHILLO: Bill?
17 Okay.
18 Thank you very much.
19 Appreciate your testimony.
20 Alfred Vigna, director of education and
21 technology teacher, New York State Driver's
22 Education Traffic Safety Association.
23 ALFRED VIGNA: Good afternoon,
24 Senator Fuschillo, and members of the Transportation
25 Committee.
116
1 I'd like to start off by introducing myself.
2 My name is Alfred Vigna.
3 I'm a driver-education and technology teacher
4 from a rural part of the state.
5 Thank you for inviting my organization here
6 to speak on behalf of driver-education teachers
7 throughout the state.
8 Our organization was reconstituted back in
9 2009, when the Governor's temporary Special Advisory
10 Panel on Driver Education and Curriculum Enhancement
11 met.
12 Our guiding principles for our organization
13 are:
14 To improve and upgrade teaching;
15 Promote research;
16 And, cooperate with other agencies in the
17 areas of safety, and driver education.
18 I'd like to start out with facts bearing down
19 on the problem.
20 [Slide being shown.]
21 And, the first fact speaks directly towards
22 our teenaged drivers.
23 They have the highest death rate from
24 distracted driving out of any other age group above
25 19 years of age.
117
1 That speaks volumes in itself.
2 And the second and third facts: I was
3 taught, when I got my instructor certification, that
4 it takes a new driver approximately three years to
5 get up to the average proficiency level of everybody
6 else out there on the road.
7 And, in the fourth fact, you can see,
8 distracted driving is a very large problem, and it's
9 not going go away any time soon unless we
10 aggressively address it.
11 I seen -- I see teens every day in school.
12 They're glued to their cell phones, their iPhones,
13 iPods. It's part of their culture.
14 And my challenge is to transition them from
15 these electronic devices into safe and responsible
16 drivers, as part of my responsibilities as a
17 teacher.
18 [New slide being shown.]
19 Facts bearing the problem, it's safe to
20 assume that the high teen death and crash rates are
21 going to continue unless the problem's aggressively
22 addressed.
23 High worst costs will remain. More innocent
24 victims and families will be affected.
25 We need to address distracted driving the
118
1 same way we address the drunk-driving problems of
2 the past, and we'll curb the problem.
3 [New slide being shown.]
4 I felt it was important -- or, we felt it was
5 important, as an organization, to give you a little
6 bit of background on what a Driver Ed program looks
7 like; mine, in particular.
8 First off, it's a joint program between the
9 Department of Motor Vehicles and the New York State
10 Education Department.
11 The DMV issues the MV-285 Completion
12 Certificate, and the State Education Department
13 tracks teachers' credentials.
14 Right now, in the State Ed site, I found more
15 than 492 Driver Ed programs throughout the state.
16 Some of these are during the summer, some of these
17 are in school during class time.
18 The number is actually higher, in my opinion,
19 because the State Education Department is in a
20 transition period in upgrading their approval forms.
21 And I fall under one of the older approval
22 forms; so, therefore, my school's not listed yet.
23 I continue to teach driver education under the law.
24 Parents particularly want their students,
25 their children, to take driver education so they can
119
1 become safe and responsible drivers.
2 Students, on the other hand, they're looking
3 for that night license.
4 And, upon completion of the driver-education
5 course, they can get their night license when they
6 turn 17; whereas, students who have not taken
7 Driver Ed have to wait until they're 18 years old.
8 Many insurance companies offer insurance
9 reductions, 10 percent.
10 [New slide being shown.]
11 Students can take driver education in lieu of
12 the 5-hour pre-licensing course.
13 And if the driver-education course is done
14 during school hours, as part of the curriculum, a
15 semester, they get a half a credit towards
16 graduation.
17 We know driver education works.
18 I respectfully disagree with Dr. Hedlund,
19 when he said education does not work by itself.
20 If you look at the DMV, if driver education
21 didn't work, we would -- they would not be issuing
22 night licenses to 17-year-olds; and, insurance
23 companies wouldn't be giving insurance reductions,
24 because their bottom line is the dollar.
25 [New slide being shown.]
120
1 Traffic Safety and Education Guide: This was
2 last updated in January 1989. It's 23 years old.
3 The -- it's the basis for our curriculum and
4 instructional activities. It covers everything,
5 from the driver and vehicle readiness, to traffic
6 laws, and alcohol and other drug substances.
7 We, as an organization, are currently
8 waiting, and, are ready to help State Ed update the
9 guide in the area of distracted driving.
10 And if you notice, there's nothing in there
11 on "distracted driving."
12 This comes with our first recommendation;
13 that is: Mandate driver education back into the
14 public schools.
15 And we, as an organization of professionals,
16 are here, willing to help with that implementation.
17 The Driver and Traffic Safety Education
18 Guidelines: We, as an organization, helped State Ed
19 update those guidelines back in 2010.
20 This particular set of guidelines covers
21 program description and requirements.
22 I have "Selected Requirements" listed on the
23 PowerPoint slide.
24 It's not all inclusive. There's many more.
25 Didn't have enough room on the slide.
121
1 Two key areas I'd like point out:
2 The minimum time requirements: 24 hours in
3 the classroom, 24 hours in the lab. That's driving.
4 That could also include simulator time.
5 And then, also, course designation.
6 There are credit-bearing courses, and then
7 there's tuition-based.
8 "Credit-bearing" are the ones that take place
9 during the school day, with the students;
10 "Tuition-based," oftentimes, take place
11 during the summer. And, students have to fork-up,
12 anywheres, from 20 -- or, excuse me -- 200 to -- up
13 to 400 dollars, per student, to take the class.
14 Our second recommendation deals with the
15 insurance companies.
16 If a person can take a
17 point-insurance-reduction program, for 6 hours, and
18 get a 10 percent insurance reduction, it would be
19 fair to say, that if a student took a driver
20 education class for 48 hours, they should be
21 entitled to the same mandatory 10 percent insurance
22 reduction.
23 However, we also want to caveat that with the
24 fact that insurance companies need be able to
25 rescind that.
122
1 If a kid gets caught with a cell phone, he's
2 going lose his insurance reduction. He's going have
3 to pay a higher insurance premium.
4 Distracted-driving laws: It's rare to find a
5 student not immersed in portable electronic devices.
6 It's their culture. It's the bottom line.
7 I've got three daughters; they're all
8 immersed in it.
9 We heard the New York State Superintendent
10 for the State Police talk about his daughters.
11 We heard Senator Larkin talk about his
12 grandchildren, and cell phones, portable electronic
13 devices.
14 This ties in with our third recommendation.
15 If we're serious about this, we need to
16 increase the fines and penalty points to "4."
17 You know, what's a life worth?
18 Mandate those increased fines.
19 A percentage of those increased fines, a
20 percentage towards driver education.
21 Mandate a certain percentage of
22 driver-license fees towards driver education.
23 Then we can help fund the education programs
24 across the state without putting an additional tax
25 burden upon the taxpayers.
123
1 In conclusion: I talked about three
2 different recommendations:
3 Mandating driver education back in the public
4 schools;
5 Mandating a 10 percent insurance reduction
6 for the driver-education programs;
7 And, then, increasing fines and penalty
8 points, so that we can generate revenue, at the same
9 time, helping to fund a driver-education programs.
10 I also want to state, that, every presenter
11 here talked about the importance of education.
12 Every single one of them mentioned it.
13 It was mentioned no less than 34 times.
14 And, I like to look at driver education as a
15 proactive measure, instead of a reactive measure,
16 which it is.
17 It bridges the gap between, adolescents, and
18 responsible and safe drivers.
19 Henry Ford said, "Working together is
20 progress."
21 And I would like to say, that: Our
22 association is here to help, in whatever committees,
23 to provide subject-matter expertise, opinions, a
24 sounding board.
25 Just let us know.
124
1 Thank you.
2 SENATOR FUSCHILLO: Mr. Vigna, thank you very
3 much.
4 Appreciate you taking your time, and your
5 testimony.
6 I want to ask you a question, because, I
7 have -- two out of my three kids that now have
8 driver's license, one just turned 21, and one's 17.
9 You mentioned Class D license at age 17, a
10 night license.
11 And, one of the comments I made about the
12 Driver's Ed, and I just wanted to get your feeling,
13 is, my kids don't drive at night during the
14 Driver's Ed program.
15 Do you think that the educational
16 requirements, or what's -- the program needs to be
17 changed, or strengthened a little bit?
18 My concern, and as a parent, we're required,
19 obviously, or the student is, to drive X amount of
20 hours outside of Driver's Ed as well.
21 And, we take the responsibility for teaching
22 them to drive at evening hours, but, they're
23 limited, because of the state law.
24 But, the Driver's Ed program doesn't do that,
25 they're during the day; correct?
125
1 ALFRED VIGNA: I can't speak for all programs
2 not doing it.
3 I can personally say that many of them don't.
4 There's a couple of reasons.
5 One, you're going have to pay the teacher to
6 come in for additional hours.
7 The program may be set up to just drive
8 during the day, because of funding constraints, the
9 taxpayer burden, et cetera.
10 The other part of that equation is, I heard a
11 lot of people talk about parents.
12 Parents are the other part of the equation,
13 where they need to participate.
14 And the DMV has mandated that parents
15 sign-off on night driving before the students can
16 even take their driver's test.
17 They got to go up -- when they go to get
18 their driver's test, they have to hand that
19 certificate to the evaluator.
20 That's my understanding.
21 And they have to have, I believe it's
22 50 hours of driving time, and 15 hours of night
23 driving.
24 So, I would look at that more as a
25 partnership between the parents and the schools.
126
1 We can do a lot, but, the parents have to
2 help out also.
3 SENATOR FUSCHILLO: Okay, thank you.
4 Any questions or comments?
5 ASSEMBLYMAN MCDONOUGH: No.
6 Thank you.
7 SENATOR FUSCHILLO: Thank you very much for
8 your testimony.
9 Appreciate it.
10 And, this concludes our hearing.
11 I want to thank all of that you have stayed,
12 and those who have testified.
13 And, I appreciate the testimony given to the
14 committee.
15 Thank you very much.
16
17 (Whereupon, at 2:10 p.m., the public
18 hearing, held before the New York State Senate
19 Standing Committee on Transportation, concluded.)
20
21 ---oOo---
22
23
24
25