Gov Paterson Wants Tougher Enforcement For Cell Phone Users Who Are Driving

Font size:

 Governor David A. Paterson has submitted to the Legislature Program Bill No. 222, which would make New York State's law against using a cell phone or texting while driving more effective by raising a violation of the law from a secondary offense to a primary offense.

"This bill will take the handcuffs off our law enforcement officers and make our highways safer by allowing officers to observe a violation and immediately issue a summons," Governor Paterson said. "There is nothing more important than the safety of all New Yorkers, and by increasing the offense level of the current law, law enforcement officers will be better able to protect them and save lives."

Under the current law, a violation is only subject to secondary enforcement; that is, a motorist cannot be stopped and issued a summons for using a portable electronic device alone. Instead, a police officer can only pull a driver over and issue a ticket if the driver is both using a cell phone or texting and has also committed another traffic violation. The Governor's Program Bill would change the violation to a primary offense, allowing officers to stop a motorist who is using a portable electronic device without first having to observe another violation of the law.