Reply With QuoteIt is about time law was passed.
http://www.buffalonews.com/home/story/836615.html#
County OKs law banning texting by drivers
Enforcement difficulty is confronted by police
By Matthew Spina and Stephen T. Watson
News Staff Reporters
Updated: October 23, 2009, 12:09 AM /
The Erie County Legislature unanimously passed a bill Thursday to outlaw texting while driving and give police and sheriff’s deputies a new weapon to ticket anyone they see doing it. But such a ban has been largely untested in New York and may be difficult to enforce.
Take Onondaga County, for example. That Central New York county made texting while driving a primary offense as of July 1, one of several counties that passed their own laws in the absence of a tough, statewide ban.
But Onondaga County sheriff’s deputies as of Thursday had not issued a single ticket for texting, said Sgt. John F. D’Eredita, a spokesman.
“It’s a new law. It’s going to be a difficult law to enforce,” D’Eredita said. “It’s something that has to be seen,” he said of texting, and drivers “are mastering the masking of texting while they are driving.”
Earlier this year, Niagara and Cattaraugus counties enacted bans on texting by drivers that went into effect Oct. 1 and Aug. 1, respectively.
The new law will be valuable, however, because it gives investigators another potential charge to bring after a crash if it’s determined that the driver was texting, D’Eredita said.
Police officials in Erie County acknowledge that the new law may be difficult to enforce because it can be hard to spot a driver texting on a phone held below the window line.
Also, a driver can see a marked patrol car well before the officer can spot a phone in the driver’s hand.
But police say they welcome the chance to enforce the texting ban and hope the law will make drivers think twice about sending or reading text messages while behind the wheel.
“I am encouraged by it, and hopefully it will prevent needless tragedies from occurring,” said Erie County Sheriff Timothy B. Howard. “Distracted driving is dangerous driving, period.”
Erie County’s bill says sheriff’s deputies are to enforce the law. But since county lawmakers cannot affect local police agencies, it says only that other Erie County agencies may enforce the ban.
The measure, which sets the fine at $150, now goes to County Executive Chris Collins for his signature. An aide said that Collins supports the measure but believes that the best way to ban texting while driving is through stronger statewide legislation.
A state law that takes effect Nov. 1 will ban texting while driving, but as a secondary infraction, meaning that law officers can stop drivers for texting only if they notice some other offense, such as speeding.
“To make it a secondary offense, while people are dying, does not make any sense,” said Legislator Timothy M. Kennedy, D-Buffalo, a main sponsor of the county bill. “By putting forth this law here today, we are making texting while driving illegal here in Erie County, and New York State should follow suit.”
The Legislature saved action on the bill for its final meeting before Election Day. The bill would go into effect upon Collins’ signature, though he first will hold a public hearing.
Many drivers, particularly young ones, text with impunity while they are driving. While it has been illegal for years to talk on a hand-held phone while driving, drivers send or receive text messages. But texting while driving can be more distracting than talking on a phone.
“I believe it is because your eyes naturally have to be taken away from the roadway to do the texting,” said West Seneca Police Chief Edward F. Gehen Jr.
Gehen’s officers responded to a December 2007 crash in which A.J. Larson, who had been texting, was killed after he missed a stop sign and drove into the path of an oncoming truck.
Larson’s mother, Kelly Cline, has worked tirelessly since then to persuade state legislators to approve a texting ban, and she favors the Erie County bill. Cline, Gehen and others believe that the law will have an educational effect and may persuade some people to put down their phone while driving.
The county’s ban is more useful than the state’s, which requires officers to see a driver commit another offense before they can cite a driver for texting, advocates say.
“What the state has passed is not enough,” Cline said. “So I truly appreciate what the county has done.”
Amherst Assistant Police Chief Timothy M. Green said he will have to read the county law to determine how his department’s officers will be able to enforce it.
“It would be different than writing a regular ticket because it’s not a state [vehicle and traffic] law,” Green said.
Local police agencies have made inroads in enforcing the ban on drivers’ talking on a phone without using a hands-free device. West Seneca officers have handed out 291 tickets since Jan. 1 for driving while using a mobile device, Gehen said, which can be easier to see because the phone is held near the ear.
Howard said that over the last 12 months, the Erie County Sheriff’s Office has issued 590 such tickets.
It is about time law was passed.
I have a very stupid question.
If you're stopped at a red light, will you be ticketed for texting? I'm just curious. I usually pass my phone to my son and dictate my text for him to type.
If you don't like gay marriage blame straight people. They're the ones who keep having gay babies.
I do not consider that a stupid question. Just to be sure, I wouldn't try it.Originally Posted by Ms.Depew.to.you
I have a very stupid question.
If you're stopped at a red light, will you be ticketed for texting? I'm just curious. I usually pass my phone to my son and dictate my text for him to type.
Ironically I don't think this bill includes e-mails, surrfing the web or any other applications on a blackberry or iphone.
I understand the idea behind the law, but it's just another way for NYS to grow it's nanny state and take MORE responsibility away from people.
If my kid died while texting and it was his fault i would only blame HIM and my bad parenting skills. I wouldn't blame society!
"I know you guys enjoy reading my stuff because it all makes sense. "
Dumbest post ever! Thanks for the laugh PO!
I am honestly against any type of cell phone use while driving.
I find this new law faulty on many levels. When driving through a particular town/county, there is no way to notify a motorist of the break from state law. It's not like a speed limit or a no parking sign. Those are posted. I feel that it should be universal like a seatbelt or hands free cell law. I'm sure this is also one of the reasons Onondaga hasn't enforced it.
For the record, I will look at a text, but not actuually type a text. I also believe that GPs units require just as much attention.
Oh! Here's a stupid question: Teens/young adults are moreover who texts the most while driving. How come they can type a message under their desk in school without looking, but can't do the same while driving?
Do you feel the same about DWI laws?
If my kid dies because your son is texting or DWI am I suppose to be satisfied that I can blame your son or you?
I have no problem with this law,,
what about using a touch pad for a garmin or magellan gps ..
otherwise text where that instrument would be so you can see the road?
No this is NYS, you'll just try and SUE my ass off!
"I know you guys enjoy reading my stuff because it all makes sense. "
Dumbest post ever! Thanks for the laugh PO!
I don't doubt insurance companies will slip in language that exonerates them from covering people if they get in an accident while texting.
That would make for a great wake.
Who would you blame if he killed a pedestrian?
This is another poorly conceived knee-jerk reactionary law that is ripe for at best misapplication, at worst outright abuse.
Officers can't distinguish between a driver who is texting or just dialing a number to utilize his hands free blutooth earpiece. They can't tell the difference between someone shufling trough songs on their iPhone or using it to text. They might not even be able to tell the dfference between someone using their mp3 player or their cell phone.
But for each of these examples, countless people will at the very least be pulled over, and some will surely be errantly ticketed.
"I won't live by rules that make no sense to me." - Evan Tanner 1971-2008
Transfixus sed non Mortuus
If the law only applies to actual texting, rather than all keyboarding, then I agree with you.
Perhaps the State should simply enact a law that says it is illegal to be doing anything other than driving while sitting in the driver's seat of a moving vehicle.
About 30 years ago there was an accident on the skyway. A vehicle had broken down on the skyway and another vehicle ran into it. The driver in the second vehicle suffered a severed penis when his vehicle colided with the non-moving vehicle. Apparently his girlfreind was giving him a birhtday present at the time.
Texting what is it good for? Call the person !!!!!!!!!! I have my text feature disabled I dont want to pay to talk to some a hole when I can do it for free here.
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