NYS Senate Passes Tougher Texting While Driving Law

Earlier this month, the New York State Senate voted in favor of a law which would strengthen New York’s texting while driving ban. Presently, texting while driving is a secondary violation, meaning that in order for a ticket to be issued, the police officer must first observe the motorist commit a separate driving infraction, such as speeding or passing a traffic control device. Under the Senate version, which was promoted by Senator Fuschillo, Chairman of the Senate Transportation Committee, texting while driving would become a primary offense.

Distracted driving has become a major safety issue across the United States, and texting while driving is a large part of this problem, with the major increase in text messaging as a means of communication. In a study by the Virginia Tech Transportation Institute, it was found that a motorist is 23 times more likely to have an accident while text messaging. The American Automobile Association (AAA) has reported that any activity which diverts a driver’s attention from the road for more than 2 seconds can double the risk of an accident. John Corlett, the AAA Legislative Committee chair noted that “

The secondary nature of the current New York State law dilutes its deterrence value…there is overwhelming public consensus on the unique threat of text-messaging while driving…

The Senate bill has now been sent to the New York State Assembly, which has in the past been supportive of a primary texting while driving prohibition. We will monitor the progress of this legislation and report on any major developments.


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