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N.Y. Gov. George Pataki (R) signed legislation making N.Y. first ...

N.Y. Gov. George Pataki (R) signed legislation making N.Y. first state in nation to prohibit talking on handheld mobile phone while driving, except to report emergencies. On same day (Thurs.), R.I. legislature became 2nd to pass similar statewide handheld…

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mobile phone use restriction. Unlike in N.Y., where Pataki was strong advocate of legislation, R.I. Gov. Lincoln Almond (R) said he hadn’t decided whether to sign bill. Pataki said new law “will help make our roads safer and save lives.” New N.Y. law (SB-5400) makes offenses primary traffic infraction, meaning drivers can be stopped simply for using handheld car phone. Penalty is $100 fine for first offense, $200 for 2nd and $500 for additional offenses, but no violation points. Starting in Nov., police will issue verbal warnings and can begin issuing tickets Dec. 1. Until March 1, fines can be waived for first offense if drivers show proof they have purchased hands-free device. Car phone bill passed in R.I. (HB-5757A) also makes offenses primary traffic violation, effective July 1 or date of enactment. Offenses would be equipment violation, with no violation points but carrying fines of $35 for first offense, $70 for 2nd, $140 for additional ones. R.I. measure would require that hands-free mobile phone devices leave one ear uncovered. Like N.Y. law, R.I. measure would exempt emergency calls and preempt local ordinances. N.Y. measure allows manual phone dialing as long as driver keeps one hand on wheel, but R.I. bill is silent on phone dialing. Verizon Wireless said N.Y. adopted “sensible” law and took signing as opportunity to announce discounts on hands- free mobile phone attachments as well as start of national “responsible driving” program this winter to offer education on safe car phone use.