Who should ban text messaging, the county or the state?

HARLEM VALLEY — Text messaging while driving should be banned. That much Millerton Mayor John Scutieri and other local leaders are adamant about. Who, exactly, should write that law, be it the county or the state, is what’s up for discussion. Just last week the county Legislature passed such a bill; it next needs approval from County Executive William Steinhaus.

“We might as well wait for the state,� Scutieri said. “It’s in the works and I see how quickly it’s going through in other states. Usually when it has this kind of momentum it goes through pretty quickly. We go by [the state’s vehicular] laws and it will save taxpayers money.�

Dutchess County Legislator Gary Cooper (R - District 19, North East, Stanford, Pine Plains, Milan) agrees that drivers should not be allowed to fiddle with their cell phones or Blackberries while behind the wheel. He also believes it’s the state that should be drafting the laws prohibiting such behavior.

“I just feel that if you’re going to start having a law like that it should be at the state level. The state is the one issuing driver’s licenses,� he said. “Different counties have laws, one has one and one doesn’t and you continue to have laws that control common sense. It’s not safe to text behind the wheel. I don’t know where it stops.�

But having such laws is an important part of making sure drivers focus their attention on the road, according to spokesperson TJ Hanlon of the Dutchess County Sheriff’s Office.

“We obviously can’t cite people under the section of law if it doesn’t exist. It provides police with an additional enforcement option,â€� he said.  The fine for breaking the law is proposed at $150 per violation. “But the real  benefit is in the public education campaign and people need to understand that distracted driving is dangerous driving.â€�

Hanlon said driving is a “divided attention task,� in which people have to monitor speed, observe and predict other drivers and navigate their own vehicles.

“To take you eyes off the road to press some buttons on the keypad doesn’t make any sense and we want to encourage drivers who want to do that to pull over,� he said. “There are so many distractions out there.�

Scutieri echoed Hanlon’s concerns.

“I’m fully supportive of making that illegal. I don’t think anybody should be able to text while they drive,� he said. “I try to instill that in my children. It’s like the seat belt law: It’s only for safety, you’re only protecting yourself. With texting, you can hurt somebody else, too, so it makes more sense than the seat belt law.�

“Is there going to be a law saying you can’t drink coffee, put makeup on, eat a sandwich? When do you stop legislating?� asked Cooper. “The government isn’t going to be able to protect people from themselves.�

State Assemblyman Marc Molinaro, (R- District 103, including parts of Dutchess and Columbia counties) said there are bills similar to the one passed by the county in Albany right now. One has been introduced to the Assembly, by Democrat David Gantt, although it has yet to be put up for a vote. The state Senate is also discussing such a law, nearly identical to the one the Assembly is considering, according to Molinaro.

The assemblyman said while he thinks it’s “best� when vehicular laws are enacted statewide, he understands that when the state doesn’t act, it’s sometimes appropriate for counties to step in. In this instance he said he doesn’t “have a position� on the statewide bill; he did say the issue at hand, however, is a serious one.

“The tragedies that occur are compelling,� Molinaro said. “If we can encourage people to not do anything but drive when driving [that would be best]. I’ve seen far too many young people lose their lives behind the wheel of a car, whether or not they were drinking or using a cell phone or text messaging. I realize this is of significant importance.�

It is important, especially in areas around the Harlem Valley, which are not known for being flat or low-lying.

“We don’t have a straight piece of road; it’s all hilly and curvy,� Scutieri said. “I know some people are capable of texting without looking at their phones these days, but all it takes is a quick glance at their device for a second and a child can run out in front of you.�

Now that Steinhaus has the local law on his desk, he can either sign it or veto it. If he vetoes it, the law will return to the Legislature for a veto override, which it will likely get as the vote the first time around was 22-3 in favor of the bill. Only Cooper (also the minority leader), David Kelly (R - District  23, Pawling, Beekman, East Fishkill) and John Forman (R - District 18, Beacon) voted against the bill. A total of 17 votes are needed for a veto override.

The county has scheduled a public hearing on the local law for Wednesday, June 24, at 10 a.m., at the county attorney’s office at 22 Market St., Poughkeepsie. Steinhaus will have time to review the comments made at that hearing before getting back to the Legislature with his decision. If Steinhaus signs the legislation, it will become law as soon as it is filed with the Secretary of State.

That’s good news to Hanlon, who said the bottom line is the law is needed, regardless of the jurisdiction penning it.

“It’s better to have the law than not to have the law,� he said, adding having it sooner rather than later is also preferred.

Those in favor of a state law may find themselves somewhat appeased as passage of such would immediately render the county ordinance null and void.

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