NY Cracks Down on Distracted Drivers

Governor Cuomo Approves Law to Crack Down on Drivers Using Handheld Gadgets New Legislation Makes Using Handheld Electronic Devices while Driving a Primary Traffic Offense; Additional Regulation will Increase Penalty from 2 Points to 3 Points for Cell Phone and Electronic Device Usage While Driving Albany, NY (July 12, 2011) Governor Andrew M. Cuomo today signed a new law that strengthens the enforcement against drivers who use handheld electronic devices for activities such as texting while a vehicle is in motion. The legislation makes this action a primary traffic offense, giving law enforcement the power to stop drivers solely for engaging in this activity.   The Governor also announced today that he will increase the penalty for using a cellular phone without a hands-free device or a handheld device while driving from two to three points through changes in state regulations.   "I am proud to sign this bill today, both as the Governor and as a father of three teenagers," Governor Cuomo said. It's plain and simple: distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel. I thank Senator Marcellino and Assemblyman Weisenberg for their hard work on this legislation."   Before this law, it was illegal for drivers to use handheld electronic devices while their vehicle was in motion, but it was a secondary traffic offense -- meaning a driver had to be stopped for another violation in order to receive a ticket.   The new law makes it a primary traffic offense and it will go into effect immediately. The monetary penalty for a violation of this law continues to be a fine of up to $150.   Illegal activity includes holding an electronic device and:

• Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
• Viewing, taking, or transmitting images
• Playing games

The law does not penalize drivers using a handheld electronic device that is affixed to a surface or using a GPS device that is attached to the vehicle. The law also exempts police officers, fire fighters, or emergency vehicle drivers while they are performing their duties. In addition, a driver is exempt from the law if the driver is communicating or attempting to communicate with law enforcement, the fire department, or medical personnel during an emergency situation. New York State Senator Carl L. Marcellino said, "With this new legislation, New York State driving laws have finally caught up with today's technology. Our new law will strengthen enforcement against drivers using handheld electronic devices and help keep drivers, passengers, and pedestrians safe. I am proud to stand with Governor Cuomo as he signs the bill I sponsored into law and we finally make distracted driving a serious offense."   New York State Assemblyman Harvey Weisenberg said, "As a former police officer, I've seen the devastation caused by distracted drivers. Today, we are giving law enforcement the tools they need to keep our roads safe and prevent future accidents. These changes will save lives. I'd like to thank Governor Cuomo for supporting this law and I look forward to our continued work together." New York State Police Superintendent Joseph A. D'Amico said, "Motorists should now realize the dangers of operating a motor vehicle while texting on mobile devices or talking on a cell phone without an approved hands-free device. This change in the statute will allow law enforcement to continue the battle against distracted driving. Distracted driving is dangerous driving and drivers must reduce diversion and behaviors that take their attention from the road. Attentive, responsible, defensive driving is the key to avoiding crashes and keeping our highways safe."   New York City Police Commissioner Raymond W. Kelly said, "It's no secret that violations of the no-texting and no use of hand held devices while driving rules are widespread despite their nexus to accidents, including fatalities. This legislation is a welcome step toward saving lives." President of AAA New York State Thomas Hoy said, "With nearly 2 trillion text messages sent last year, texting represents the most dangerous form of distracted driving. We applaud the Governor and lawmakers for stiffening the consequences for those who jeopardize the rest of us with their careless conduct."   The National Highway Traffic Safety Administration reports that 16% of fatal accidents in 2009 were due to distracted driving and 20% of people injured during a crash were involved in a crash where distracted driving was reported. A study by the Virginia Tech Transportation Institute found that truck drivers who were texting were 23 times more at risk of a crash or near crash.

Texting-and-driving bill dies

Senate hits a snag on ban for sending messages from the road. **Arizonans won't have restrictions on texting while driving** — for now, anyway. Proposed legislation that would have prohibited typing, reading or sending text messages and e-mails while driving on a state highway died with an 11-11 vote by the Senate on Tuesday. The bill would not have prohibited talking on the phone while driving and would have allowed drivers to type a name or telephone number to make a call. This is the second year in a row the effort to ban texting while driving has failed despite support from dozens of organizations, including cellphone-company representatives. The Arizona Citizens Defense League opposed the measure. Legislators who voted against it acknowledged that texting while driving is dangerous, but said they opposed unnecessary government restrictions. Sen. Ron Gould, R-Lake Havasu City, called the legislation a "nanny bill" and "feel-good legislation" that would have banned a practice already covered under current laws against reckless driving. Supporters said the bill is about saving lives. They said parents would be able to tell children that texting while driving is illegal. "It's such a dangerous activity to be texting while you're driving, that outlawing it would seem to be a given," said Sen. Barbara Leff, R-Paradise Valley. Phoenix banned texting while driving within its city limits in 2007. Phoenix police Officer Luis Samudio said that about nine citations for texting while driving have been issued since the law went into effect. "It is minimal," he said. Read more here If you have recently taken some type of traffic school you know its very dangerous to text or talk while driving. Its been proven over and over. So please practice safe driving.

Cell Phone Use While Driving: New Level of Fail

Ian Charles Mason, 34, from Jamul, California, ignored warnings from law enforcement about the dangers of distracted driving. Working at a comedy traffic school, I always tell folks not to use their phones while driving. Mason ignored this advice and ended up losing $121,860 and a 55-pound bag of marijuana, landing him in jail. Fate was not on the good side of Mason on the 21st of September, when an officer observed Mason blatantly violating the California Vehicle Code rule by talking on his cell phone while driving. He was pulled over by Officer Campbell who noticed that Mason seemed to display signs of intoxication and subsequently arrested him for driving under the influence. The vehicle was searched and it turned out that there were six plastic bags stored inside the trunk. These large bags contained 55 pounds of marijuana, each packed in a smaller one pound bag. The Humboldt County Drug Task Force was at once notified and they quickly responded. Officers also found Masons’ cash stash hidden below the rear seat of his vehicle. His cash and 55 pounds of marijuana were seized as asset forfeiture. Everyone knows it’s illegal to carry marijuana for the intent of sale (without the proper medical licenses) but it’s another thing to get caught for it because of talking on your cell phone and driving. This is exactly what happened to Ian Charles Mason; he soon found himself sitting in the Humboldt County Jail. So, for those driving on roadways, refrain from using your cell phones while behind the wheel. I will try and drive that point home again and again here on our Defensive Driving Course website because especially in California drivers just do not seem to get the point.