N.Y. cell phone penalty adds 2 points

Most New York cell phone offenders are in for a nasty surprise come Feb. 16: With that distracted driving ticket comes two points against the driver’s license.

The rule change brings handheld cell phone violations in line with penalties under the state’s 2009 text messaging law, which provides for 2 points against an offender’s license.

“It is only logical to assign two points to both of these forms of distracted driving,” the New York DMV said in its proposed rule-making filing.

“It will send a message that DMV considers cell phone violations a serious offense, in the same way DMV considers text messaging a serious offense.”

The DMV said it was “compelled” to make the change in light of the serious risks brought on by driving while using handheld cell phones. It presented a long list of statistics to back up its concerns, some outdated.

In 2002, the DMV exempted the cell phone law from the 2 point assessment for traffic infractions, saying violators probably picked up points as a result of their distracted driving.

Also, the DMV noted, the distracted drivers become part of the “persistent violator equation,” meaning an accumulation of 11 points in a year and a half could bring a license suspension or revocation.

Read more about New York’s distracted driving laws.

Distracted walking laws, legislation

Distracted walking updates: State Sen. Carl Kruger’s plan to prohibit pedestrians from using handheld electronics devices while in the crosswalks of Manhattan has set off a mini-national debate over walking while distracted.

Helping the cause was a widely viewed video of a text messaging woman falling into a mall fountain as well as a report showing an uptick in pedestrian fatalities nationwide.

“You can’t be fully aware of your surroundings if you’re fiddling with a Blackberry, dialing a phone number, playing Super Mario Brothers on a Game Boy or listening to music on an iPod,” said Kruger, D-Brooklyn.

(View the distracted bicycling news page.)

The New York state distracted walking legislation, first proposed by Kruger in 2007, would keep pedestrians who are in crosswalks from using handheld cell phones, MP3 players such as iPods, PDAs and similar attention-grabbing devices. It restricts the law to cities with a population of at least 1 million, meaning only Manhattan.

Kruger cited the December accident in which a 21-year-old man listening to music blaring through his headphones on a Manhattan street corner was crushed by a truck after he failed to hear the vehicle’s backup signal. The senator also pointed to the viral YouTube video in which a mall security camera showed a woman engrossed in text messaging as she falls into a fountain.

Senate Bill 1945 calls for a $100 fine for pedestrians who violate the distracted walking law.

“Tuning in and tuning out can be a fatal combination on the streets of New York,” Sen. Kruger said.

Last summer, Mayor Michael Bloomberg vowed to install pedestrian countdown signals at another 1,500 intersections across the city. The action came upon release of the Pedestrian Safety Study and Action Plan, which found pedestrians are 10 times more likely to die than a motor vehicle occupant.

Carelessness by pedestrians (and bicyclists) do account for thousands of accidents yearly in Manhattan, but the DMV does not break out those linked to personal electronics.

In Arkansas, meanwhile, a state senator dropped his plan to limit headphone use by bicyclists and pedestrians to one ear only, citing 10-1 negative feedback from constituents. Sen. Jimmy Jeffress, D-Crossett, said Jan. 25, 2010, that he knew going in that the draft legislation wouldn’t succeed, but he wanted to raise the issue. He was inspired by a Little Rock accident in which a headphone-wearing jogger ran in front of traffic.

New York’s Kruger had harsh words for Jeffress’ quick surrender: “I don’t know the legislator, but shame on him because in the process that goes forward it’s not a question of whether or not you pass a bill. You also file a bill because it may be a cornerstone for others to use.” (More distracted walking news after video.)

Pedestrian traffic fatalities showed a slight increase in the first six months of 2010, breaking a four-year downward trend, the Governors Highway Safety Association reported Jan. 20, 2011.

“Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street,” GHSA chief Vernon Betkey said. “Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely — without distractions.”

In New South Wales, Australia, police are calling for laws against pedestrians listening to iPods and using similar devices while crossing roads.

The Pedestrian Council of Australia recently ran ads that showed people with lambs heads using personal electronics while crossing the road at a red light. “Lambs to the slaughter. Wait for the green,” the headline says. A spokesman for the group said use of portable electronics with headphones “put you in la-la land.”

Bieber stays the course with text pledge

Kid singing star Justin Bieber hasn’t forgotten about his promise to campaign against teenage texting and driving.

On a recent episode of “Makeover: Home Edition,” he found time to help the Brown Family of Wellman, Texas, whose daughter and sister Alexandra died in a crash caused by a texting driver.

“Makeover” built the family a new home while they went on a freebie trip to New York to meet Bieber and see his concert.

Alexandra’s kid sister Katrina, 12, got to hang out with the singer before the show.

“It’s been a big part of my life to influence others not to text and drive,” the singer told the Browns. Bieber then put his money where his mouth is by dedicating a dollar from every ticket sold to the Remember Alex Brown Foundation.

The family uses Alexandra’s wrecked vehicle to spread the word about the dangers of texting and driving, telling onlookers to “BUST or Buckle Up and Stop Texting.” Their new home was built last November and the show aired Jan. 30, with the Bieber/texting angle heavily publicized.

Bieber was one of the first celebrities to sign Oprah Winfrey’s No Phone Zone pledge. His concerts spread the word at every stop, as well.