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June 19, 2001

Cell phone amendment adds on, off feature

Mineola, NY - Members of the Democratic majority of the Nassau County Legislature voted to amend the county's newly adopted cell phone law to allow for turning a cell phone on or off if used in conjunction with a hands-free device.

Recognizing that without this provision the use of a hands-free cell phone would be impractical, the legislature, in a unanimous vote, approved the measure. The legislature adopted the cell phone law in May and the County Executive signed the measure earlier this month. The law prohibits talking, listening or dialing on a cell phone while operating an automobile.

"Even with a hands-free device there is still the need to turn the phone on and off," said Legislator Patrick Williams (D-Uniondale) on behalf of the Democratic majority. "We realized there was an inconsistency in the law that needed to be addressed for those using a hands-free device. This will clear up the confusion."

The amendment also makes exception for emergency vehicles recognizing that those individuals operating those vehicles in the course of their duty may require the flexibility to use cell phones other than with a hands free device.

The law regulating the use of mobile phones while operating a motor vehicle in Nassau County was adopted unanimously by members of the Nassau County Legislature on May 7. Nassau's cell phone law prohibits the talking, listening or dialing of a mobile telephone while operating a motor vehicle on any public street or public highway while the vehicle is in motion, unless the telephone is equipped and used with a hands-free device. Those found to be in violation of the law would be subject to a $100 fine per violation.

While motorists can use a hand-held cell phone in an emergency situation, it would be necessary to provide evidence that an emergency existed to be exempt from the violation and fine. State lawmakers have recently proposed a statewide ban of hand-held cell phones to ensure continuity of the law.