ALBANY -- The state Senate has passed legislation that would allow police to stop and ticket motorists for texting while driving.
Sen. Carl Marcellino, a Long Island Republican and the bill's primary sponsor, says all police will have to do is see a driver holding a cell phone as grounds to pull them over.
It's already a primary traffic offense to talk on a hand-held phone while driving in New York. Hands-free phones are permitted.
However, using a portable electronic device while driving is currently a secondary offense, which means that a person can't be stopped solely for driving while texting.
There must be some other offense like speeding. The legislation would upgrade it to a primary offense.
The Senate voted 57-3 in favor Tuesday. Sen. Dave Valesky of Oneida is a co-sponsor.
A companion bill is in the Assembly. It also has a sponsor, downstate Assemblyman Harvey Weisenberg.
The bill currently in the Assembly's Transportation Committee, but it is not yet on the calendar for a full Assembly discussion. That means it could be a while before the bill comes to a vote.
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Information from the Associated Press was used in this report.
