PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 131.3 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 510(3)(i)
Subject:
Point system.
Purpose:
To increase the point value for both texting and cell phone violations.
Text of proposed rule:
Paragraph (6) of subdivision (a) of section 131.3 is amended by adding a new subparagraph (vii) to read as follows:
(vii) any violation involving the use of a mobile telephone or portable electronic device.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida L. Traschen, same as above.
Public comment will be received until:
45 days after publication of this notice.
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 which 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." Part 131.3(b) sets forth various exemptions to the general rule. For example, no points are assessed for violations involving registration, insurance, inspection, parking and equipment (§ 131.3(b)(7)), while other specific violations are assessed higher point totals (§ 131.3(b)(2) thru (6)). Violations for cell phone usage and use of a portable electronic device currently result in an assessment of 2 points on the convicted driver's record.
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.
3. Needs and benefits: This proposed rule is both necessary and beneficial for the enhancement of highway safety in New York State. In 2007, 312,445 tickets were issued for cell phone violations, resulting in 273,743 convictions. In 2008, 316,293 tickets were issued, resulting in 273,976 convictions. Numerous studies have confirmed that distracted driving, such as driving while talking on a cell phone, 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 2008 5,870 people died (representing 16% of all highway fatalities) and an estimated 515,000 were injured due to distracted driving. 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. 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%. Similar studies and statistics suggest that texting while driving poses an even greater highway safety danger.
With respect to the use of other portable electronic devices while driving, New York originally addressed the issue by making such use illegal in 2009 (Chapter 403 of the Laws of 2009, effective 11/1/09). However, until recently, only "secondary" enforcement of that law was possible (i.e., there had to be reasonable cause that some other violation of law was committed at the same time in order for a law enforcement officer to issue a summons). Only July 12, 2011, Governor Cuomo strengthened New York's law by signing legislation allowing for primary enforcement of this important highway safety measure, recognizing that we must continue to do everything possible to reduce the risks of distracted driving.
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/or text messaging. Clearly, there is a nationwide trend to address this serious highway safety problem.
Increasing points for these two violations will have several benefits. First, it will reinforce the message that DMV considers these violations serious offenses.
Second, by assigning points, persons who violate this law will become part of the persistent violator equation (accumulates 11 points within an 18 month period). A person who is deemed a persistent violator is subject to the suspension or revocation of his or her license. This tool enables DMV to take appropriate license sanction action 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 our effort to deter distracted driving on our highways.
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: DMV considered making no changes to the point system. However, 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.
