S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5674
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2013
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  excluding
         certain  amateur radio station operators from provisions of law relat-
         ing to the use of portable electronic devices while operating a  motor
         vehicle
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 1225-d of the vehicle and  traffic
    2  law,  as added by chapter 403 of the laws of 2009, is amended to read as
    3  follows:
    4    3. Subdivision one of this section shall not apply to (a) the use of a
    5  portable electronic device for the sole purpose  of  communicating  with
    6  any  of  the  following  regarding  an emergency situation: an emergency
    7  response operator; a hospital; a physician's office or health clinic; an
    8  ambulance company or corps; a fire department, district or company; or a
    9  police department, (b)  any  of  the  following  persons  while  in  the
   10  performance of their official duties: a police officer or peace officer;
   11  a  member  of a fire department, district or company; or the operator of
   12  an authorized emergency vehicle as defined in section one hundred one of
   13  this chapter, OR (C) A DRIVER WHO HOLDS AN UNREVOKED AND UNEXPIRED OFFI-
   14  CIAL AMATEUR RADIO STATION LICENSE OR OPERATOR'S LICENSE ISSUED  BY  THE
   15  FEDERAL COMMUNICATIONS COMMISSION OF THE UNITED STATES, USING TWO-WAY OR
   16  CITIZENS  BAND  RADIO  SERVICES  OR  TWO-WAY MOBILE RADIO TRANSMITTER OR
   17  RECEIVERS FOR LICENSEES OF THE FEDERAL COMMUNICATIONS COMMISSION IN  THE
   18  AMATEUR RADIO SERVICE DURING A GOVERNMENTALLY DECLARED EMERGENCY.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11337-01-3