New York Passes Law Prohibiting Texting and Emailing While Driving
Governor David A. Paterson this week signed a bill creating New York Vehicle and Traffic Law § 1225-D which prohibits a motor vehicle operator from using portable electronic devices to send text messages or emails while the vehicle is in motion. It also prohibits receiving, sending images on such devices as well as playing games.
New York Vehicle and Traffic Law § 1225-D defines a portable electronic device as a cell phone, a PDA , a laptop computer, a pager, a broadband personal communication device, a two-way messaging device, a handheld device with mobile data access, an electronic game, or a portable computing device.
New Vehicle and TrafficLaw §1225-D will not apply if the portable electronic device is being used for the sole purpose of communicating with an emergency response operator, a hospital, a physician, a health clinic, an ambulance company, a fire department or police regarding an emergency situation. New Vehicle and Traffic law §1225-D also does not apply to the following persons while acting in their official capacity: police officers; peace officers; fireman or authorized emergency vehicle operators.
New York Vehicle and Traffic Law §1225-D establishes a a rebuattable presumption that a person holding such a device in a conspicuous manner while operating a motor vehicle was using it within the meaning of the statute.
A summons for violating New York Vehicle and Traffic Law §1225-D can only be issued if there is reasonable cause to believe the operator of the motor vehicle committed a separate violation of the law.
A violation of New York Vehicle and Traffic Law §1225-Dis a traffic infraction punishable by a fine up to $150.00. New York is the eighteenth state to pass a law banning texting and emailing while driving.
New York Vehicle and Traffic Law §1225-D doea not authorize seizure or forfeiture of the portable electronice device unless otherwise authorized by law.
The bill was sponsored in the New York State Assembly by Assemblyman David F. Gantt and in the New York Senate by Senator Martin Malave Dilan. The Assembly bill number is A.08568B. The Senate Bill number is S3619.
New York Vehicle and Traffic law §1225-D will take effect November 1, 2009.
