[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-2009 by L.L. No. 3-2009]
This article shall be known as the "Driving While Texting and/or
Twittering Law."
A.
The use of mobile phones, also known as "cellular phones," has increased
in popularity during the last several years.
B.
According to studies conducted by the American Automobile Association
(AAA), any activity that takes a driver's attention off the road
for more than two seconds can double a driver's risk of crash.
C.
The federal government estimates that 30% of all crashes in the United
States result from driver distraction. Statistics from the 2006 New
York State Department of Motor Vehicles also indicated that nearly
30% of accidents in the state involve driver distraction or inattention.
According to a 2006 joint report issued by the National Highway Traffic
Safety Administration and the Virginia Tech Transportation Institute,
nearly 80% of crashes and 65% of near-crashes observed in their study
involved a driver distracted in the three seconds prior to an accident.
D.
The New York State Legislature passed a state-wide ban on the use
of hand-held cell phones while driving.
E.
When New York State banned motorists from talking on hand-held cellular
phones in 2001, text messaging was fairly uncommon. However, since
that time, text messaging has become an increasingly popular form
of communication. Indeed, according to a trade group for the cell
phone industry, the Cellular Telecommunications and Internet Association
- The Wireless Association, in 2006 United States wireless subscribers,
of which there are currently 251.45 million, sent 158 billion text
messages, an increase of 95% from 2005, which translate into approximately
300,000 text messages per minute.
F.
Text messaging is now one of the latest electronic obsessions and
driving dangers. In fact, a January 2007 survey conducted by Nationwide
Mutual Insurance Company found that 19% of motorists between the ages
of 18 and 60 admitted to text messaging while driving and that 37%
of drivers between the ages of 18 and 27 indicated that they do text
messaging while operating a motor vehicle (and text messaging is especially
dangerous since text messaging requires drivers to take their eyes
and mind off of the road, as well as their hands off of the steering
wheel, while operating a motor vehicle).
G.
The States of Washington and New Jersey passed laws banning text
messaging while driving. Since July 2008, California drivers under
the age of 18 are prohibited from using all cell phones and other
electronic devices while driving, while older drivers may only use
hands-free devices. There are also several bills pending in the New
York State Legislature to ban the use of such devices. However, in
the absence of a state law addressing text messaging while driving,
and until such time as the New York State Legislature does take action,
this proposed article is warranted in order to protect motorists and
pedestrians in Ulster County.
H.
This article would ban motorists from using wireless handsets to
compose, read or send text messages while operating a motor vehicle
on any public street or public highway within the County of Ulster.
Use of hands-free wireless handsets would be permitted under the proposed
law. Notably, the proposed law exempts from its coverage the use of
wireless handsets by law enforcement, emergency and fire personnel
in the performance of their duties and motorists using such devices
to contact law enforcement, emergency and fire personnel. The proposed
law also exempts motorists using such devices while their motor vehicle
is parked, standing or stopped and is removed from the flow of traffic,
in accordance with applicable laws, rules or ordinances, or is stopped
due to the inoperability of such motor vehicle. A vehicle is inoperable
when such vehicle is incapable of being operated or being operated
in a safe and prudent manner due to mechanical failure, including
but not limited to engine overheating or tire failure.
I.
The Ulster County Legislature shall request the state to include
educating new drivers in prelicensing courses on the hazards of cell
phones and electronic devices while driving.
As used in this article, the following terms shall have the
meanings indicated:
The manner in which a wireless handset is operated for the
purpose of composing, reading or sending text messages, by using an
internal feature or function, or through an attachment or addition,
including but not limited to an ear piece, head set, remote microphone
or short-range wireless connection, thereby allowing the user to operate
said device without use of hands.
A motor vehicle that is incapable of being operated or incapable
of being operated in a safe and prudent manner due to mechanical failure,
including but not limited to engine overheating, nonfunctioning brakes
or tire failure.
Any vehicle that is self-propelled by a motor, including
but not limited to automobiles, trucks, vans, construction vehicles,
etc.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
Not in motion.
The process by which users send, read or receive messages
on a wireless handset, including but not limited to text messages,
instant messages, electronic messages or e-mails, in order to communicate
with any person or device.
Social networking and using a micro-blogging service that
enables its users to send and read other users' updates known
as "tweets." Tweets are text-based posts of up to 140 characters in
length which are displayed on the user's profile page and delivered
to other users who have subscribed to them (known as "followers").
Senders can restrict delivery to those in their circle of friends
or, by default, allow anybody to access them. Users can send and receive
tweets via a "twitter" website, short message service (SMS) or external
applications. The service is free to use over the Internet, but using
SMS may incur phone service provider fees.
To hold a wireless handset in one's hand or read or
touch one within arm's length of the driver.
A portable electronic or computing device, including but
not limited to cellular telephones, portable computers and personal
digital assistants (PDAs), capable of transmitting data in the form
of a text message.
A.
No person shall use a wireless handset to compose, read or send text
messages and/or twitter messages while operating a motor vehicle on
any public street or public highway within the County of Ulster.
B.
Notwithstanding Subsection A, this article shall not be construed to prohibit the use of any wireless handset by:
(1)
Any law enforcement, public safety or police officers, emergency
services officials, first aid or emergency medical technicians and
personnel, and firesafety officials in the performance of duties arising
out of and in the course of their employment as such;
(2)
A person using a wireless handset to contact an individual listed in Subsection B(1) in furtherance of obtaining or giving assistance to first responders or addressing emergency service or public safety matters, except as may be prohibited by other laws; or
(3)
A person using a wireless handset inside a motor vehicle while such
motor vehicle is parked, standing or stopped and is removed from the
flow of traffic, in accordance with applicable laws, rules or ordinances,
or is stopped due to the inoperability of such motor vehicle.
A.
A violation of any provision of this article shall constitute an
offense and be punishable by a fine of $250 imposed on any person
violating this article and a fine of $1,000 for anyone violating this
article while driving in a school zone or where highway workers are
present, for each single violation. Each such violation shall constitute
a separate and distinct offense.
B.
This article shall be enforced by the Ulster County Sheriff's
Department, and shall be enforced by any other law enforcement agency
having jurisdiction to act in the County of Ulster, which shall enforce
the provisions of this article by the issuance of a summons to a party
violating the provisions of this article.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this article or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Ulster.
The Ulster County Legislature may determine by resolution whether
or not identical or substantially similar statewide legislation or
pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
