MTV-25-13-00003-EP Points for Texting and Cell Phone Use

6/19/13 N.Y. St. Reg. MTV-25-13-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 25

June 19, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-25-13-00003-EP

Filing No. 596

Filing Date. May. 31, 2013

Effective Date. Jun. 01, 2013

Points for Texting and Cell Phone Use

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of section 131.3 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 510(3)(i)

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

It is necessary to adopt this amendment on an emergency basis, to protect the health, safety and general welfare of the citizens of New York State, effective immediately upon filing with the Department of State.

This amendment is adopted as an emergency measure to protect the motoring public from drivers who may pose a highway safety risk. This rule would increase the number of points assigned for texting and cell phone violations from three to five points. Each day distracted driving is a contributing factor in 4,000 to 8,000 crashes on our nation’s highways. In 2011, 3,331 people were killed in crashes nationwide involving distracted drivers and an estimated additional 387,000 were injured in motor vehicle crashes involving distracted drivers. The number of persons who reportedly are distracted at the time of the fatal crashes has increased from 8% in 2004 to 11% in 2008. It is estimated that at any given time during daylight hours, approximately 11% of drivers are using some type of cell phone. In light of these compelling statistics, more needs to be done to curtail distracted driving. This rule will help the State’s efforts to address this major highway safety problem.

Emergency action to file these regulations at this time is necessary to initiate and achieve the desired deterrent, educational and punitive objectives during the peak summer driving season, which is characterized by greater volumes, as well as an accompanying greater risk of fatalities and serious injuries.

Subject:

Points for texting and cell phone use.

Purpose:

To increase the point value assigned for texting and cell phone violations from 3 points to 5 points.

Text of emergency/proposed rule:

Paragraphs (4) and (6) of subdivision (b) of section 131.3 are amended to read as follows:

(4) The following violations shall be assigned a point value of five points:

(i) reckless driving;

(ii) any violation involving overtaking or passing a stopped school bus[.]; and

(iii) any violation involving the use of a mobile telephone or portable electronic device.

(6) The following violations shall be assigned a point value of three points:

(i) any violation involving speed except where a different point value has been assigned;

(ii) any violation constituting a failure to yield the right-of-way;

(iii) any violation involving a railroad crossing, disobeying a traffic control signal or a stop or yield sign;

(iv) any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction;

(v) leaving the scene of a property damage incident or injury to an animal without reporting;

(vi) any violation involving use of safety belts or seats by a child under the age of 16.

[(vii) any violation involving the use of a mobile telephone or portable electronic device.]

Subparagraph (iii) of paragraph (7) of subdivision (b) of section 131.3 is amended to read as follows:

(iii) any violation, other than a violation set forth in paragraphs (1) through (6) of this subdivision, for which suspension or revocation action is mandated upon conviction;

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire August 28, 2013.

Text of rule and any required statements and analyses may be obtained from:

Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ida Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, [phone]

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Regulatory Impact Statement

1. Statutory authority: Vehicle and Traffic Law (VTL) section 215(a) provides that the Commissioner of Motor Vehicles may enact rules and regulations that regulate and control the exercise of the powers of the Department of Motor Vehicles (DMV). Section 510(3)(i) of the VTL provides that the Commissioner may suspend or revoke a driver’s license for habitual or persistent violation of any provisions of such law and/or violations of any local rule or regulation in relation to traffic. Pursuant to this section of law, Part 131 establishes a point system that serves as the basis for the assessment of persistent violator status. The Department decides which violations are assigned points.

2. Legislative objectives: Section 510(3)(i) of the Vehicle and Traffic Law provides that the Department of Motor Vehicles may take license action against a motorist who persistently violates laws related to traffic. Part 131 establishes the point system, whereby specific point values are assigned for most traffic offenses. A person who accumulates 11 or more points within an 18 month period is deemed a persistent violator and is subject to a license suspension or revocation.

Part 131.3(a) provides that “all traffic violations shall be assigned a value of two points, except as otherwise prescribed in subdivision (b) of this section.” Determining and setting appropriate point values for different types of violations, relative to their severity and the risk they pose, aligns with the legislative objective of sanctioning drivers who commit persistent violations of the law. Since cell phone and texting violations have serious public safety consequences, it is appropriate that such violations carry a point value commensurate with those potential consequences. Therefore, it is appropriate to raise the points for cell phone and texting violations from three to five points.

3. Needs and benefits: This proposed rule is both necessary and beneficial for the enhancement of highway safety in New York State. In 2011, 9,030 tickets were issued for texting violations, resulting in 3,470 convictions. During that same year, 248,649 tickets were issued for cell phone violations, resulting in 186,926 convictions. Numerous studies have confirmed that distracted driving, such as driving while talking on a cell phone or texting, significantly contributes to accidents and fatalities on the State’s highways. AAA reports that each day distracted driving is a contributing factor in 4,000 to 8,000 crashes on our nation’s highways. The National Highway Traffic Safety Administration (NHTSA) reports that nationwide in 2011, 3,331 people were killed in crashes nationwide involving distracted drivers and an estimated additional 387,000 were injured in motor vehicle crashes involving distracted drivers. The number of persons who reportedly are distracted at the time of a fatal crash has increased from 8% in 2004 to 11% in 2008. NHTSA estimates that at any given time during daylight hours, approximately 11% of drivers are using some type of cell phone. The Institute for Highway Safety reports that drivers who use hand-held cell phones are four times as likely to be involved in car crashes resulting in injury to themselves. A Carnegie Mellon Institute study concludes that driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. Similar studies and statistics suggest that texting while driving poses an even greater highway safety danger.

In light of the overwhelming evidence that distracted driving is a significant factor contributing to highway injuries and deaths, several states have passed laws prohibiting cell phone usage and text messaging. Clearly, there is a nationwide trend to address this serious highway safety problem.

Increasing points for these two violations reinforces the message that DMV considers these violations serious offenses. Moreover, the increased points become part of the persistent violator equation. A person who accumulates 11 points within an 18 month period is deemed a persistent violator and is subject to the suspension or revocation of his or her license. This tool enables DMV to take appropriate license sanctions against a driver who may pose a highway safety risk to others.

Assigning appropriate point values to distracted driving violations is an essential component of DMV’s commitment to highway safety and its effort to deter distracted driving on our highways.

Finally, this proposed rule provides that even if a person’s license is required by law to be suspended or revoked as the result of a conviction for a cell phone or texting violation, points shall be assigned. Although this is an exception to the general rule that points are not assigned when a mandatory sanction results from a conviction, due to the serious nature of cell phone and texting violations, the imposition of points is appropriate in these cases.

4. Costs:

a. Cost to regulated parties and customers: There is no cost to the citizens of the State.

b: Costs to the agency and local governments: There is no cost to local governments or to DMV.

5. Local government mandates: There are no local government mandates.

6. Paperwork: There are no new paperwork requirements associated with this proposed rule.

7. Duplication: This proposal does not duplicate, overlap or conflict with any relevant rule or legal requirement of the State and federal governments.

8. Alternatives: After reviewing the continuing and serious highway safety risks associated with various forms of distracted driving, DMV determined that it was prudent to increase points for both texting and cell phone violations.

9. Federal standards: The proposal does not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance schedule: The proposed rule would apply to texting and cell phone violations committed on or after the day the rule is adopted.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not attached because this rule will not have a disproportionate impact on small businesses or local governments, nor will it impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not attached because this rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.

Job Impact Statement

A Job Impact Statement is not submitted because this rule will have no adverse impact on job creation or job development in New York State.