New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.110 - Executive order no. 110: requiring state employees conducting state business to refrain from using hand-held mobile telephones while operating motor vehicles on public highways

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Department of Motor Vehicles estimates that
					 fifty percent of the State's ten million motorists own mobile
					 telephones;
WHEREAS, the tremendous growth in the availability of
					 mobile telephones over the past several years has led to concern on the part of
					 many motorists that the use of such phones while driving has an adverse impact
					 upon traffic safety;
WHEREAS, a 1997 Canadian study found that drivers who use
					 mobile telephones were four times more likely to be involved in an accident
					 than drivers whose attention was fixed on the road;
WHEREAS, the counties of Suffolk, Westchester and Nassau
					 have enacted local laws restricting the use of hand-held mobile telephones by
					 drivers, as have at least 23 countries, including Great Britain, Italy, Israel
					 and Japan;
WHEREAS, I have proposed legislation that would restrict
					 the use of hand-held mobile telephones by drivers on a statewide basis;
					 and
WHEREAS, it is appropriate that State government assume a
					 leadership role in promoting the safe use of mobile telephones by its employees
					 when they are engaged in State business.
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order as follows:
I. Restriction on Use of Mobile Telephones by
				  State Employees
All employees of agencies and departments over which I have
					 Executive authority, and all employees of public benefit corporations and
					 public authorities the heads of which are appointed by the Governor, shall not
					 use hand-held mobile telephones while operating State or personal motor
					 vehicles on public highways when conducting State business and shall not use
					 hand-held mobile telephones while operating State motor vehicles on public
					 highways. The term "use" for purposes of this Executive Order is defined as
					 holding a mobile telephone to, or in the immediate vicinity of, the driver's
					 ear. The foregoing restriction shall not apply to police or peace officers
					 engaged in the performance of their official duties. Notwithstanding the
					 foregoing, State employees may use hand-held mobile telephones for the sole
					 purpose of communicating with any of the following regarding an emergency
					 situation: an emergency response operator; a hospital, physician's office or
					 health clinic; an ambulance company or corps; a fire department, district or
					 company; or a police department. A violation of this Executive Order shall
					 result in the issuance of a written warning to the State employee; any
					 violation of this Executive Order by a State employee who has already been
					 issued a written warning may result in employee discipline, including the
					 confiscation of the mobile telephone.
II. State Agencies and Departments to Update
				  All State-Issued Communications Equipment
All agencies and departments over which I have Executive
					 authority, and all public benefit corporations and public authorities, the
					 heads of which are appointed by the Governor, are hereby directed:
(A) to conform and update all communications
				  equipment currently issued to their employees or installed in State vehicles to
				  provide State employees a safe method of communications while driving on public
				  highways that does not require the use of hand-held cell phones; and
(B) to develop policies and procedures that
				  will permit State Employees to comply with this Executive Order and continue
				  their required work-related communications activities.