FRIDAY, AUGUST 14, 2009

COUNTY LEGISLATORS WROBLEWSKI, KENNEDY PROPOSE LOCAL LAW PROHIBITING DRIVERS FROM TEXTING

Erie County Legislators Timothy M. Wroblewski (D-West Seneca, South Cheektowaga) and Timothy M. Kennedy (D-South Buffalo, South Cheektowaga) are introducing a local law prohibiting drivers from text on communication devices while they drive.

Legislators Wroblewski and Kennedy, who are cosponsoring the local law, clocked in the local law Thursday, August 6. They were joined at a Friday, August 14, news conference by State Assemblyman Mark J.F. Schroeder (D-Buffalo), who also supports toughening anti-texting laws.

"The purpose of this local law is to provide for and to protect the public safety of Erie County residents," Legislator Wroblewski, the chair of the Public Safety Committee, said. "Frankly, the legislation pending in Albany on this subject does not go far enough – while it bans the sending and receiving of text messages while driving in New York, the violation is treated as a secondary offense. This means law enforcement must stop a motorist for another violation on New York State law before the motorist can be ticketed for text messaging while driving."

"We believe that this secondary approach put forward by New York State is wrong. The local law we are proposing will make texting while driving a primary offense and put teeth into the law that will give law enforcement the necessary tools to pull people over who are putting themselves, their passengers and other travelers in harm's way," Legislator Kennedy said,. "Ultimately, this is bringing attention to the issue and will promote safer driving in Western New York.

The local law being proposed would make texting while driving a primary offense and subject offenders to a $150 fine for each violation of this local law. The local law also provides that if either the state or federal government approves a local law which provides substantially the same protections to the residents of Erie County, then the Erie County Legislature can acknowledge that fact by resolution and this local law will be superseded.

"The law must keep pace with technology, and this legislation aims to do just that," Schroeder said. "Texting while driving is extremely dangerous, as recent tragedies have shown us. This common sense measure would help protect lives and send a clear message to all motorists - texting and driving don't mix

"We've seen tragedy in our community and throughout the area, including fatal accidents, due to text messaging. As police departments, we need to gain safety on the roads, preferably through compliance with laws but if need be, through this anti-texting law," West Seneca Police Chief Edward F. Gehen said. "It gives the police another tool to help make the roads safer. Without the law, there is nothing that can be enforced top make the roads safer. I commend the legislators and assemblyman for enacting laws to make drivers and the roads safer."

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