Governor Andrew M. Cuomo today announced he will introduce new legislation that will crack down on drivers caught using a portable electronic device including Blackberrys, iPhones, iPads, laptop computers, gaming devices and any other portable device, or talking on a cell phone without a hands free device, while driving.

NY Gov Introduces Unprecedented Penalties on Those Caught Driving While Using Portable Electronics

Governor Andrew M. Cuomo today announced he will introduce new legislation that will crack down on drivers caught using a portable electronic device including Blackberrys, iPhones, iPads, laptop computers, gaming devices and any other portable device, or talking on a cell phone without a hands free device, while driving.

The bill would impose unprecedented penalties drivers caught using such a device by adding three points on a driver’s license in order to curb the dramatic rise of this dangerous activity. Governor Cuomo’s legislation would also make driving while using any portable electronic device a primary, rather than just a secondary offense, meaning that drivers can now be stopped solely if they are found to be using such a device while driving.

“Every day, countless drivers, particularly teenagers and young adults, drive with their eyes on a screen rather than the road,” Governor Cuomo said. “Distracted driving is nothing less than a lethal activity for the driver themselves, other drivers on the road, and pedestrians. Current warnings, educational programs, and driving laws aren’t working. We need to impose a true deterrent to stop people from driving while using an electronic device and to keep our roads and citizens safe.”

Current law makes driving while using a portable electronic device only a secondary offense, which means in order for a person to be ticketed for the offense, the driver must have committed a primary enforcement offense such as speeding, disobeying a traffic signal or other violation. The penalty for a violation of this law is a fine of up to $150.

In addition to increasing the penalty from two to three points, the legislation would also require that distracted driving be included as part of the defensive driving curriculum. Governor Cuomo is working with both houses of the legislature, which have introduced their own legislation cracking down on texting while driving, to see comprehensive legislation passed by the end of this legislative session.

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, while another study compared reaction times when a driver was texting to when a driver was intoxicated, and found that the reaction time while texting was worse.

A National Insurance study estimated 20% of all drivers, and 66% of drivers aged 18 to 24, are sending or receiving text messages while behind the wheel, leaving our young drivers most vulnerable. Several fatal accidents in this state have highlighted this fact including the 2007 accident in which 7 teens were killed in suburban Rochester.

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New York State Press Release

2 Comments

  • NYwantsYOURmoney

    Even though I think driving while texting using your phone is extremely dangerous and no one should EVER do it. I just want to point out a few things. In the end, it’s more about making money from fines then protecting lives.

    Firstly, if using a phone to text or surf the web is against the law then so should driving while eating, driving while putting on makeup, driving while playing with your GPS, driving while shaving, etc. It shouldn’t be just about the government taking one obvious thing and turning it into a huge money maker.

    Secondly, and this is not debatable, it’s public record and fact. Especially in NYC, these fines have NOT led to any crackdown or lessening in numbers of fatalities in this area over the last 5 years.

    Look it up, there are countless articles on it, and this is because, going back to my first point. It’s not about one device or thing, it’s about doing ANYTHING while driving. Anything that distracts a person from driving can cause accidents. The focus here should be on banning the use of anything distracting while driving.

    This is mostly about making money. The bottom line is that fighting a cell phone tickets is the hardest thing to do in NYC of all tickets. The cop will always get the benefit of the doubt. I saw a report on 60 Minutes where a cop from NJ said he doesnt even have to see you actually talking on a phone, if he sees you holding it or even looking down at where your cell is, he gives the ticket.

  • Marvin Gardens

    To the post-er of comment #1:

    The reason (if true) why fining people for speaking on cell-phones and texting while driving hasn’t made a difference, is because the fine isn’t nearly high enough. How about $3,500.00 for the first offence, $25,000 for the second offence; $50,000, revocation of the license for 7 years and confiscation of the vehicle for the third offence. The use of cell phones and texting while driving would stop intantly. Awhile back there was an article about a man who was killed by a frum woman who was distracted by texting while driving. If it was your family member who was killed, you would agree that the fines and penalties should be raised to whatever level it takes to get people to obey the law. By the way, I agree with you completely regarding the other distracting activities. I myself learn the 3 prokim of Rambam while driving, and not just while stopped for a red light, either.