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Intellectual Property Law

: Video Game Law Blog

New York Ban on Texting, Gaming, Surfing While Driving

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

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The New York State Senate has passed a bill which bans texting, playing video games or surfing the Internet while driving, adding to the state's already in-force legislation that makes it illegal to talk on a cell phone while driving. The measure imposes fines of up to $150 for using hand-held devices or laptops to send text messages or view and read data and images. The ban is only a secondary offense, meaning that a fine could only be imposed if a driver is pulled over for breaking another law.

Fourteen other US states and the District of Columbia have banned text messaging for all drivers. In Canada, it is currently illegal to use a handheld cell phone while driving in Newfoundland and Labrador, Nova Scotia and Quebec, and other provinces are considering similar legislation.

While most would agree that such legislation will no doubt improve roadway safety and reduce accidents, it is easy to anticipate opposition to the measures. Driver distractions are limitless -- at some point, most have contended with calming upset children, eating food and drinking coffee, changing the radio station, or simply chatting to fellow passengers while behind the wheel. Many may argue that we're heading down a slippery slope of increased driver regulation, when perhaps increased driver education and common sense should be encouraged instead.

Coverage found at GamePolitics

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Full post as published by Video Game Law Blog on July 22, 2009 (boomark / email).

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