Bill Text: NY S01316 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the use of hands-free mobile telephones by operators of motor vehicles who hold learner's permits or class DJ or class MJ licenses.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S01316 Detail]

Download: New_York-2021-S01316-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1316

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sens.  GAUGHRAN, BOYLE, THOMAS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation

        AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
          the use of mobile telephones by operators of motor vehicles  who  hold
          learner's permits

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 3 and 4 of section 1225-c of the  vehicle  and
     2  traffic  law,  subdivision  3 as added by chapter 69 of the laws of 2001
     3  and subdivision 4 as amended by section 6 of part B of chapter 55 of the
     4  laws of 2014, are amended to read as follows:
     5    3. Subdivision two of this section shall not apply to (a) the use of a
     6  mobile telephone for the sole purpose of communicating with any  of  the
     7  following regarding an emergency situation: an emergency response opera-
     8  tor;  a  hospital,  physician's  office  or  health clinic; an ambulance
     9  company or corps; a fire department, district or company;  or  a  police
    10  department, (b) any of the following persons while in the performance of
    11  their  official duties: a police officer or peace officer; a member of a
    12  fire department, district or company; or the operator of  an  authorized
    13  emergency vehicle as defined in section one hundred one of this chapter,
    14  or (c) the use of a hands-free mobile telephone, provided, however, that
    15  the  use  of  a  hands-free  mobile telephone shall be prohibited for an
    16  operator of a motor vehicle who is a holder of a learner's permit  or  a
    17  class DJ or class MJ license.
    18    4.  A  violation  of  subdivision  two or paragraph (c) of subdivision
    19  three of this section shall be a traffic infraction and shall be punish-
    20  able by a fine of not less than fifty dollars nor more than two  hundred
    21  dollars  upon  conviction  of  a  first  violation; upon conviction of a
    22  second violation, both of which were committed within a period of  eigh-
    23  teen months, such violation shall be punished by a fine of not less than

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00840-01-1
        S. 1316                             2

     1  fifty  dollars  nor more than two hundred fifty dollars; upon conviction
     2  of a third or subsequent violation, all of which were committed within a
     3  period of eighteen months, such violation shall be punished by a fine of
     4  not less than fifty dollars nor more than four hundred fifty dollars.
     5    §  2.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law.