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New York lawmakers passed a bill that prohibits all drivers from using portable electronic devices that took effect on November 1, 2009.

The law prohibits all drivers from using portable electronic devices, such as cell phones and smart phones, to send text messages or e-mails while driving. The penalty for a violation of this law shall be a fine of up to $150. It is a secondary law, 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. This law will replace laws passed by other jurisdictions in NYS.

The law defines the following terms as:

(a) "Portable electronic device" shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.

(b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.

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According to Merriam Webster, to DISTRACT is "to draw or direct (as one's attention) to a different object or in different directions at the same time." Any time a driver's attention is drawn away from the task of driving in a safe and defensive manner can be labeled as distracted driving. These distractions can be personal, external or internal.

When these distractions occur behind the wheel of a motor vehicle the consequences can be far reaching or even deadly.

According to National Highway Traffic Safety Administration (NHTSA), in a report created in April 2006 entitled, The Impact of Driver Inattention On Near-Crash/Crash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data, driver inattention was defined for this report as one of the following:

1. Driver engagement in secondary tasks (those tasks not necessary to the primary task of driving)
2. Driver drowsiness
3. Driving-related inattention to the forward roadway
4. Non-specific eye glance away from the forward roadway

This study also listed "Driver Inattention" as the primary contributing factor to crashes and near crashes. Almost 80% of crashes and 65% of near crashes in this study involved the driver looking away from the forward roadway just prior to the conflict.

• Looking away for two or more seconds will double the risk of a crash or near crash.
• Driver inattention due to drowsiness will increase the risk of a crash or near crash by at least four times.
• A driver who is engaged in a secondary task while driving also increases their risk factor.
  
  
  • The following actions: talking, listening or dialing a hand held device; inserting or retrieving a compact disc; operating a PDA; reading, applying makeup or eating will increase the driver risk factor of a crash or near crash by two to three times.

Of late, the most frequent form of distraction while driving has been due to cell phone use and texting.

It was in a two-day summit on distracted driving in Washington D.C. in which DOT Secretary, Ray LaHood, referred to Distracted Driving as an "epidemic."

To combat this "epidemic" in New York State, the Governor's Traffic Safety Committee would like to draw your attention to the new law which took effect on November 1, 2009 and the following information.

ATTENTION: All Commercial Motor Vehicle Drivers: Please note the Federal Ban on Texting for Commercial Truck and Bus Drivers which was announced by the U.S. Transportation Secretary, Ray LaHood. The ban is on the use cell phones to text while driving a commercial vehicle. The prohibition, which took effect on January 26, 2010, is the first step towards the safety of commercial drivers and motorists who share the road with them. Those truck and bus drivers who are convicted of texting while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750. The regulatory guidance on the texting ban for commercial truck and bus drivers is on public display in the Federal Register and available in printed form in the Federal Register. The public can follow the progress of the U.S. Department of Transportation in working to combat distracted driving and a distracted driving commercial at www.distraction.gov.

NEW YORK STATE'S CELLULAR PHONE LAW

Use of a hand-held cellular telephone to engage in a call while driving is prohibited in New York State, pursuant to Vehicle and Traffic Law Section 1225c. This law became effective December 1, 2001 violators may be issued a ticket for a traffic infraction, resulting in a fine of up to $100.

Exceptions:

• When the driver uses a hands-free mobile telephone, which allows the user to communicate without the use of either hand.
• When the purpose of the phone call is to communicate an emergency to a police or fire department, a hospital or physician's office, or an ambulance corps.
• When operating an authorized emergency vehicle in the performance of official duties.

Dialing 911 is a free call for cellular subscribers. Police and EMS officials say that in many cases response times have been cut, criminals have been apprehended and lives have been saved due to calls from cellular phone users.

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SOME TIPS FOR SAFE CELLULAR PHONE USE

• Make safe driving your first priority:
  • Buckle up
  • Keep your hands on the wheel
  • Keep your eyes on the road
• Position your phone where it is easy to see and reach
• Familiarize yourself with the phones' operation while the car is parked
• Use a hands-free microphone while driving
• Use the speed dial feature for frequently called numbers
• Pull over and dial manually
• Never take notes while driving. Pull off the road if you must read or write.
• Use voice mail to pick up your calls if it is inconvenient or unsafe to answer the car phone.

(These tips for safe cellular phone use were provided by the Cellular Telecommunications Industry Association)

USE COMMON SENSE

Any task a driver performs while driving is a potential distraction. It is best to use your cellular phone when you are stopped, but if you must use your phone while driving it is important to check traffic conditions before placing a phone call or performing any task, and if necessary, wait until conditions improve to make your call. Learn how your cellular phone operates while parked. If possible, dial while the car is not in motion. Program frequently used numbers into your phone. If a number is not programmed into memory, dial in short segments, check the traffic, and dial another segment. Never allow your conversation to distract you from driving. Keep calls brief. Keep your eyes on the road, and frequently check the side and rear view mirrors.

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US DOT's Distracted Driving Site

Distracted Driving from the AAA Foundation for Traffic Safety

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