Following the lead of local government officials, New York state Gov. David Paterson has signed legislation into law which bans texting while driving.
The law, which was signed and approved on Aug. 27 and went into effect on Nov. 1, is listed as a secondary enforcement law, where drivers can only be given a texting fine of up to $150 if pulled over for another violation.
The law consists of multiple bills, including A8568, which states that “no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion, with exceptions; provides that such prohibited conduct shall be a traffic infraction punishable by a fine.”
Last year, government officials in many counties across the state contacted Albany to enact an anti-texting while driving law covering the entire state of New York, and while the Assembly approved this legislation, the Senate did not approve it as a Vehicle and Traffic Law.
On June 26, Broome County government officials took the law into their own hands and approved a texting ban that prohibits the use of wireless handsets to compose, read or send text messages while operating a motor vehicle.
According to a June press release from the office of Broome County Executive Barbara J. Fiala, this local law can be applied by any law enforcement agency that has jurisdiction within the geographic boundaries of Broome County.
“Those caught texting can face a fine not to exceed $150 for each violation. Each violation constitutes a separate and distinct offense,” the press release said.
“The risks associated with texting while driving are well documented,” Gov. Paterson said in the press release covering this and the 67 other bills that he signed into law in August. “As we learn more and more about just how dangerous this practice can be, I urge all New Yorkers to drive with caution and get in the habit of putting their cell phones away while driving to protect their own lives and the lives of others.”
Since the law is a secondary violation, Traffic Sgt. D.W. Edwards of the Binghamton Police Department is unsure how it will be enforced.
“You have to be stopped for speeding or going through a red light, you can’t be pulled over just for texting. I don’t know how you can charge someone for just assuming they are texting,” he said. “If you can actually see someone texting, why don’t they make it into a primary law?”
According to Edwards, driver error, speeding and distraction are the three biggest causes for teen accidents, as opposed to drunk driving, a common misconception.
To date, no filings for texting while driving are on the record at the Binghamton City Court, according to chief clerk Catherine Maloney, meaning no one has been charged since the local law was passed in June.
Many wireless phone service providers are for this legislation.
“T-Mobile supports this legislation and commends … the bill’s co-sponsors for their hard work on this important public safety issue. T-Mobile encourages its customers not to engage in text messaging or e-mailing while driving,” reads a T-Mobile press statement.
According to the statement, T-Mobile is launching a campaign to encourage their employees to lead by example and not to text while driving.
Verizon Wireless is also behind any hands-free legislation and has been promoting statewide and nationwide laws as opposed to the patchwork of local laws that currently exist across the country.
“We feel that any time you are behind the wheel of a car, your first and only priority is to drive safely,” said John O’Malley, spokesman for Verizon Wireless in upstate New York. “The main thing you should be doing is focusing on the road.”
According to O’Malley, there is no hands-free texting application for Verizon in the works, although it could be possible somewhere down the line.