Drivers caught talking on hand-held cellphones in New York State now face what are being described as the toughest penalties in the nation as part of a campaign against distracted driving.
New York became the first state to prohibit drivers from using handheld cell phones in 2001, punishing violators with a $100 fine. But crashes tied to distracted driving have not declined, so lawmakers decided to get tougher.
As of Wednesday, a violation carries not only the $100 fine but also a two-point penalty on the driver’s license — the same as for violations such as disobeying a police officer, failing to keep right, or driving on a divider or shoulder. “Putting points on it adds teeth to the law,” attorney Matthew J. Kelly, who handles traffic cases, told the Albany, N.Y., Times Union.
Texting while driving also now carries a two-point license penalty in New York. The penalty points can lead to higher insurance premiums and the eventual loss of a license. In New York, it takes 11 points over an 18-month period to lose a license.
Ken Brown, a spokesman for the state’s Department of Motor Vehicles, said the new penalties are intended “to improve highway safety. Distracted driving is one of the most serious dangers we face on the roadway.”
The National Safety Council has estimated that at least 28% of all traffic crashes are caused by drivers using cell phones and texting.
According to the DMV, there were 342,564 tickets issued in New York for cell phone violations in 2009. As Reuters notes, some insurance industry officials say that measures adopted around the country to curb motorists’ use of cell phones have failed to reduce car crashes. Still, safety authorities defend the laws, and say the continuing problems stem from spotty enforcement.
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I think legislation has value in raising public awareness in forums like this one but it will be difficult to solely legislate our way out of this issue. I just read that 72% of teens text daily – many text more 4000 times a month. New college students no longer have email addresses! They use texting and Facebook – even with their professors. This text and drive issue is in its infancy and its not going away.
I decided to do something about distracted driving after my three year old daughter was nearly run down right in front of me by a texting driver. Instead of a shackle that locks down phones and alienates the user (especially teens) I built a tool called OTTER that is a simple GPS based, texting auto reply app for smartphones. It also silences call ringtones while driving unless you have a bluetooth enabled. I think if we can empower the individual then change will come to our highways now and not just our laws.
Erik Wood, owner
OTTER LLC
OTTER app
I 100% agree with you. This law can reduce accident and save lives. However, I also think that the law makers use this law to increase their revenue. I can tell you my story. It was 15 minutes to 6 PM, and it was getting dark. I was driving home from work with sore on my neck. I was massaging my neck. Suddenly, a cop car with siren on was behind me. So, I pulled a side and let it passed me. But it stopped right behind me, and a female cop came out and asked me for my driver license. I replied, what I did wrong? She said that I was using hand held cell phone. I was shocked and explained to her that I was massaging my neck. She did not want to hear anything and asked me for my license. I gave my cell phone and showed her my call log activities to proof that I was not using my cell phone. She threated me if I said one more word, she would have me arrest. At that moment, I knew that she did not care the truth, she just wanted to gave me a ticket. I am planning to have my cell phone provider mail me the whole day cell phone usage and fight this ticket.
Sean.
Sean.