Stronger Texting Law Now in Effect in New York
The hallmark of Ray LaHood's, Secretary of the Department of Transportation, tenure thus far has been the fight against distracted driving, texting in particular. Following Secretary LaHood's lead, many states have, in recent years, passed laws banning texting and other distractions while driving - New York included.
In 2009, the state of New York prohibited texting, e-mailing and other electronic distractions while driving. The law made these actions a secondary offense, meaning that drivers must commit an infraction that they can be pulled over for (called a primary offense) first before they can be ticketed for distracted driving or other secondary offenses.
Governor Andrew Cuomo, however, found this law weak and not nearly effective enough, and statistics appear to support his opinion. WCBS reports that in 2010, less than 3,200 tickets were issued for texting while driving while approximately 350,000 tickets were issued for using a handheld cell phone while driving, which is a primary offense.
Strengthened Law
The New York Legislature agreed with the governor and recently passed a strengthened distracted-driving ban, which was signed by Gov. Cuomo in early July 2011. The law takes effect immediately and makes texting and other forms of distraction while driving primary offenses. It also increases the penalty to drivers from two points to three points on their drivers' licenses. The fine will remain the same at up to $150.
Under the updated law, it is illegal to hold an electronic device and:
- Compose, send, read, access, browse, transmit, save or retrieve electronic data such as e-mail, text messages or web pages
- View, take or transmit images
- Play games
Drivers in emergency situations are exempted from the law when they are attempting to communicate with police officers, fire fighters or other emergency workers. There is also an exception for using GPS devices that are either attached or built into vehicles.
It should not be a surprise that the penalties for distracted driving continue to increase as this dangerous driving practice continues to cause accidents. If you are involved in an accident with a driver who was texting, checking e-mail or is otherwise distracted, speak with an experienced personal injury attorney to discuss your legal options.
