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*M I N U T E S COMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICEMONDAY, JUNE 14, 1999 9:00 A.M.
PRESENT: Chair: Ryan. Members: Carsky, Kaplowitz, Mosiello, Swanson, and Wishnie. Staff: Hoch, Vita.
ALSO PRESENT: Legislator George Oros, District 1; George Hosey, Chair-CBAC; John and Rita Marone, Residents of Mohegan Lake.
Mr. Ryan called the meeting to order at 9:15 a.m.
Agenda Item A: Drowsy Driving. Legislators Kaplowitz and Oros arranged to have a briefing and discussion on this subject and how the Board can focus on public awareness.
Legislator Kaplowitz introduced John and Rita Marone whose daughter Jessica was killed six years ago by a drowsy driver. The Marone’s brought this issue to the attention of Legislator Kaplowitz during a constituent meeting and today they bring additional information to the committee.
Mrs. Marone read a prepared statement to the Committee relating to the tragic loss of her daughter and the efforts she and her husband have undertaken to prevent this tragedy for others. Within the last five years the Marone’s have been actively involved with the Governor’s Traffic Safety Task Force on Fatigue and Drowsy Driving. The task force consists of the Departments of Motor Vehicles, Transportation, Criminal Justice, and Police, the National Sleep Foundation, doctors, and a variety of other agencies.
The Task Force’s main focus is to inform the public about the dangers of drowsy driving, through the Drive Alert/Arrive Alive program. These campaigns, along with brochures, posters, and public service announcements were distributed throughout the State, especially around the holidays and prom season.
*For additional information, a tape is on file. /rh APPROVED 7/26/99-RGW;SRS MINUTESCOMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE MONDAY, JUNE 14, 1999 PAGE 2___________________________________________________
The State Police advised the Marone’s that under current laws, a non-commercial driver who falls asleep at the wheel cannot be cited for a violation. When a fatality occurs, a driver must appear before an administrative law judge to determine if the driver’s license should be revoked. If the driver did not break any existing laws, he is not held responsible for the accident. Mr. and Mrs. Marone asked the Committee to help enact legislation that would hold all sleep deprived/drowsy drivers accountable for their negligent actions.
Mr. Ryan clarified that the Drive Alert/Arrive Alive program has since ceased due to budgetary problems, but understood that the State has installed rumble strips to warn dozing drivers.
Mr. Oros suggested that the State Legislature amends the Vehicle and Traffic Law and issue warnings or summons in order to let people know this is against the law. He also suggested the Committee write to Commissioner Jackson asking to make this a priority and include a segment on drowsy driving in the motor vehicle drivers’ manual.
The Marone’s have received letters from the Commissioner, but there has been no follow up. Mr. Marone said the same public awareness for drunken driving and seat belt enforcement should be made for drowsy drivers. Mr. Oros suggested that the committee's involvement could make the Commissioner aware of the urgency of this problem.
Mr. Mosiello supports the idea of public awareness and inquired as to the burden of proof for drowsy driving, whereas drunk driving can be proven by blood alcohol.
Mr. Marone said that in most cases there are no skid marks on the road and a verbal admission of guilt, which should be enough for a conviction. He believes a summons with an appearance in court should be sufficient to prove the driver’s innocence or guilt.
MINUTESCOMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE MONDAY, JUNE 14, 1999 PAGE 3__________________________________________________
Mrs. Carksy agreed that a summons should be issued as a deterrent and an investigation should be conducted and reported to the insurance company.
Mr. Wishnie supports more awareness and contacting the Commissioner of Motor Vehicles. Legislation should be drafted at the State level and he suggests that insurance companies be notified.
Mr. Hoch mentioned Legislator Stewart-Cousins' interest in this subject, and said the he contacted a staff member from the Governor’s Committee to discuss the issue. That office stated that the program was suffering due to budgetary constraints. There are pilot programs in four counties and Mr. Hoch has requested information on this program. The State has not pursued criminal sanctions in the legislature. Mr. Hoch asked the Marone’s if they have contacted any of their State legislators. They said they contacted numerous state representatives but not one has supported their efforts.
Mr. Oros suggested advertisements through the corporate sector to initiate an awareness program.
Mrs. Swanson suggested going into the local diners and restaurants along parkways asking them to offer free coffee to travelers.
Mr. Ryan asked Legislators Kaplowitz and Oros to develop a letter for the entire Board to sign and send to our State Legislature and Commissioner Jackson relating to this issue. Secondly, he would like a follow up to heighten the awareness in Westchester County.
Mr. Ryan thanked Mr. and Mrs. Marone for coming before this Committee and discussing their personal tragedy.
With no other business to discuss, the meeting adjourned at 10 a.m.
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