NFT-29-10-00001-P NFTA's Vehicle and Traffic Regulations

7/21/10 N.Y. St. Reg. NFT-29-10-00001-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 29

July 21, 2010

RULE MAKING ACTIVITIES

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. NFT-29-10-00001-P

NFTA's Vehicle and Traffic Regulations

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

Proposed Action:

This is a consensus rule making to amend Part 1152 of Title 21 NYCRR.

Statutory authority:

Public Authorities Law, sections 1299-e(14), 1299-f(4) and (7)

Subject:

The NFTA's Vehicle and Traffic regulations.

Purpose:

To add additional sections regarding the use of open containers, mobile telephones and other wireless devices and seatbelts.

Text of proposed rule:

A new section 1152.25 is added to read as follows:

§ 1152.25 Consumption or possession of alcoholic beverages in certain vehicles.

The drinking of alcoholic beverages, or the possession of an open container containing an alcoholic beverage, in a vehicle located upon a terminal highway is prohibited.

A new section 1125.26 is added to read as follows:

§ 1152.26 Use of mobile telephones and wireless telecommunication devices.

(a) For purposes of this section, the following terms shall mean:

(1) "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access such service.

(2) "Using" shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.

(3) "Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand.

(4) "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

(5) "Engage in a call" shall mean talking into or listening on a hand-held telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.

(6) "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.

(7) "Wireless telecommunication device" means a mobile telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input.

(8) "Write, send or read a text-based communication" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.

(b) Except as otherwise provided in this section, no person shall operate a vehicle upon a terminal highway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear, while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. Except as otherwise provided in this section, no person shall operate any vehicle upon any terminal highway while using a wireless telecommunications device to write, send or read a text-based communication.

(c) Subdivision b of this section shall not apply to (1) the use of a mobile telephone or wireless telecommunications device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (2) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle or (3) the use of a hands-free mobile telephone.

A new section 1152.27 is added to read as follows:

§ 1152.27 Passenger Restraints

No person shall operate a vehicle on a terminal highway unless in full compliance with section 1229-c of the New York State Vehicle and Traffic Law.

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

Ruth A. Keating, Niagara Frontier Transportation Authority, 181 Ellicott Street, Buffalo, New York 14203, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Niagara Frontier Transportation Authority has determined that no person is likely to object to the rule as written for the following reasons:

1. All of the changes are to conform the regulations to existing law.

2. None of the changes are controversial.

Job Impact Statement

The Niagara Frontier Transportation Authority has determined adoption of the proposed rule will have no impact on jobs or employment opportunities for the following reasons:

1. The subject of the proposed rule is the regulation of the traffic at NFTA facilities. The rule does not impact hiring practices.