By JON CAMPBELL
Gannett Albany Bureau
ALBANY - The state's ban on texting behind the wheel moved one step closer to growing some teeth.
The state Senate overwhelmingly passed a bill Tuesday that would make texting while driving a primary offense, carrying a fine of $150 and adding two points to the driver's record. As it stands now, a police officer can only write a ticket for texting if the driver is pulled over for a separate violation.
"Texting is a great technology, but almost like drinking, it's OK if you're going to be a passenger in a car, but in no way is it OK if you're driving," said Sen. Joseph Robach, R-Greece, Monroe County, who co-sponsored the bill. "There is no way to do it without taking your eyes off the road, and that time it takes to stop and react without looking could absolutely be fatal."
The legislation goes a step further than banning just texting, giving law enforcement the authority to pull over anyone activating any feature on a cellphone.
That went a step too far for Sen. Diane Savino, D-Staten Island, who was one of three senators to vote against the bill.
"She agrees with the spirit of the law," said Rich Azzopardi, spokesman for the Independent Democratic Conference, which Savino is a member of. "She thought some of the provisions were overly broad, such as the fact that you can get pulled over for just holding a phone," he said.
The bill has the support of the New York branch of the American Automobile Association as well as various law-enforcement groups, which have said the secondary offense is too difficult to enforce.
"We're very hopeful that this is the year that the state of New York follows the lead of other states and passes a primary texting ban," said John Corlett, chairman of the AAA legislative committee. "This is not a Republican issue or a Democrat issue, it's a safety issue."
Several counties - including Westchester, Broome, Monroe and Erie - have passed their own primary bans, and a Gannett Albany Bureau report showed the number of tickets handed out under the current state law has varied widely by county.
The lead sponsor - Sen. Carl Marcellino, R-Nassau County - said his bill is necessary to make sure the law is uniform across the state.
It now moves to the Assembly, which passed similar legislation last year.
Assembly Transportation Committee Chairman David Gantt, D-Rochester, however, refused to comment Tuesday, saying that he has "made his position known" before walking into his office.
The Assembly sponsor, Democrat Harvey Weisenberg of Nassau County, pledged to push the bill through his house.
"I'm going to get the bill passed," said Weisenberg, who was seen speaking with Gantt's staff on the issue before a Transportation Committee meeting Tuesday. "And if I don't get the bill passed, I'm going to walk out of here."
WEB EXTRA: Sign the Pledge 2 Hang Up
Here in western New York, the newly formed organization, Families Against Texting While Driving, has sent a letter to every state lawmaker urging them to support legislation that would strengthen laws against texting while driving.
The group is led by Kelly Cline, the West Seneca mother who lost her son, A. J. Larsen, in a 2007 texting-while-driving-related accident. "Families Against Texting While Driving" is speaking loudly and clearly," said Cline. "We are asking our legislators in Albany to hear us. The people of New York State want a stiffer no-texting law, a primary no-texting law. Let's make this right!"
The American Automobile Association says driver distraction
lasting more than two seconds doubles the risk of a crash.