Int 0851-2008
Prohibiting the use of mobile handsets to text message while driving.
IntroductionFiledCommittee on Transportationintroduced 2008-10-07
Filed — closed without being enacted.
Official record · Legistar
Agenda: 2008-10-07Passed: 2009-12-31
Committee on Transportation — Mass Transportation Agencies and facilities, Department of Transportation and New York City Transit Authority.
How it compares
20% of similar bills passed
10 passed · 40 died
This bill: 449 days in committee
Similar bills: median 591 days · 77 days when passed
Compared against 50 Introduction bills in Committee on Transportation.
Ranked by how closely each matches this bill's topic — closest first:
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Sponsors (13)
Lifecycle
IntroducedIntroduced by Council
2008-10-07 · City Council
ActionReferred to Comm by Council
2008-10-07 · City Council
ClosedFiled (End of Session)
2009-12-31 · City Council
Heard at (1)
City Council · 2008-10-07 · 1:30 PM · Council Chambers - City Hall
Full text
Be it enacted by the Council as follows:
Section 1. Subchapter 2 of Chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-175.2 to read as follows:
§ 19-175.2 Text messaging while driving prohibited. a. For the purposes of this section, the following terms shall be defined as follows:
1. “Text message” shall mean a message sent or received via a process utilizing wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”
2. “Wireless handset” shall mean a portable electronic device capable of transmitting or receiving data in the form of a text message.
b. No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the city of New York. Any person driving a motor vehicle who is operating a wireless handset while such vehicle is in motion in the city of New York shall be presumed to be composing, sending or reading a text message. The presumption created by this subdivision shall be rebuttable by evidence showing that the driver was not composing, sending or reading a text message.
c. Notwithstanding the provisions of subdivision b, this section shall not be construed to prohibit the use of a wireless handset inside a motor vehicle to compose, send or read a text message by:
1. any (i) law enforcement, public safety or police officers, (ii) emergency services, first aid, or emergency medical technicians or personnel or (iii) fire safety officials, while performing official duties;
2. a driver using a wireless handset to contact an individual listed in paragraph one of this subdivision to report an emergency situation; or
3. a driver using a wireless handset inside a motor vehicle while such vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle.
d. Any person found to have violated this section shall be fined no more than one hundred dollars for the first offense and no more than two hundred fifty dollars for each subsequent offense.
§ 2. This local law shall take effect sixty days after it is enacted into law.
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LS #6080
9.30.08 - 4:40 pm