Bill strengthens texting-while-driving law
Texting at the wheel Credit: Newsday/Thomas A. Ferrara
ALBANY - Ever "text" while driving? New York lawmakers are trying to make it a lot easier for police to pull you over.
The law states a driver can be cited for texting-while-driving only if police witness another violation, such as speeding or running a red light. The state Senate acted to eliminate that precondition Tuesday, passing a bill that would permit officers to stop and ticket any driver caught texting regardless of whether any other violation occurred.
Sen. Carl Marcellino (R-Syosset), the bill's sponsor, said changes were needed because the law handcuffs police from going after texters.
"Right now, you can be texting while driving and thumb your nose at the police because they can't stop you unless you are doing something else, like speeding or driving with a taillight out," Marcellino said. "Law enforcement has told us they really can't enforce" the law.
Technically, the bill would change the classification from a "secondary" violation to a "primary" one, allowing police to pull over violators. The Senate passed the measure 57-3; the bill is now before the state Assembly Transportation Committee, sponsored by Assemb. Harvey Weisenberg (D-Long Beach).
Supporters, including AAA, said federal studies show there have been more than 16,000 deaths in accidents nationwide involving texting while driving. They also cite a Virginia Tech study that said a driver is 23 percent more likely to be involved in an accident while texting.
"You're not even paying attention. Your eyes are off the road," Marcellino said. "We're saying: If you've got to send a message to somebody, pull over."
The penalties would remain a $150 fine and two points on a driver's license.
Weisenberg said that as a former policeman he's seen firsthand the consequences of distracted driving. Though the Assembly Transportation Committee, he has not seen any opposition. "I will do whatever I have to do to get this done," he said.
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