NEW YORK-The Legislature of Suffolk County, N.Y., has scheduled a public hearing today on a bill to ban handheld wireless phone use by anyone, except emergency services workers, driving on all public streets within the large and populous jurisdiction.
The law was introduced by Jon Cooper of Huntington, N.Y. If enacted, the proposed local law would become effective Jan. 1, 2001. It would apply to dialing, answering, talking or listening on mobile devices, including but not limited to, “cellular, analog, wireless and digital telephones.”
The Cooper bill also includes a clause addressing advances in technology that have made voice-activated mobile phones, as well as hands-free phone accessories available to the public.
The legislative plan asserts “the use of such hands-free devices reduces the dangers and risks associated with using a mobile telephone while operating a motor vehicle.”
In a memorandum to the governing body, Paul Sabatino II, counsel to the Legislature, said that New York State Vehicle and Traffic Law “only requires a motor vehicle operator to have one hand on the steering mechanism at all times when the motor vehicle is in operation.”
However, Cooper’s bill contends this state law does not “address the dangers and risks associated with the use of handheld mobile telephones while operating a motor vehicle.”
Furthermore, Sabatino opined that provisions and jurisdiction of the state Vehicle and Traffic Law relating to automotive equipment apply only to integral parts of the vehicles themselves.
“Since this legislation does not directly relate to the equipment actually required on motor vehicles, it does not run afoul of the New York State Vehicle and Traffic Law,” he said.
In reviewing the proposal for the Legislature, Sabatino said the New York State Constitution authorizes each local government to “enact legislation to protect the health, safety and well-being of its citizens.” Court precedent has construed this authority to include regulation of the use of local streets and parking on private property, he added.
