Local law enforcement leaders discourage police use of mobile phones while driving

Posted by Howard Owens on April 27, 2009 - 10:55pm
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So we here on The Batavian, had some debate over the past day or two about the need/wisdom for hands-free driving rules, whether New York should have outlawed cellphone use while driving.

And that prompted me to note that I've seen a few cops in Monroe County, at least, but none so far in Genesee County, gabbing on mobile phones will driving patrol cars.

That's always bugged me.  I've never gotten a ticket for such an offense, but friends have, and if cops are going to enforce a law, they should obey it.

So I contacted Sheriff Gary Maha and Batavia Chief Randy Baker to see what the local policies are -- not the most earth shaking issue to raise with local law enforcement, but still good information to know.

Sheriff Maha responded via e-mail:

We do have a written policy (copy attached).  Keep in mind  police officers, a peace officer, a member of a fire department, or an operator of an authorized emergency vehicle are exempt from this law when acting in the performance of their duties.

Download the PDF of the policy here.

I caught up with Chief Baker after the City Council meeting. He said Batavia PD has no written policy, but he's verbally and strongly encouraged Batavia PD officers to avoid using mobile phones while driving for personal use.

Posted by Chris Olin on April 28, 2009 - 3:43am
That being said, I've noticed Monroe County officers are pretty lax in ticketing people for talking on cellphones.
Posted by C. M. Barons on April 28, 2009 - 10:09am
My favorite driving while cell-phoning story: a mother noticed that a sheriff was set up in the village to nail speeders. Knowing her daughter was prone to mix driving with cell phone use, she called the girl to warn her. As one would expect, the girl answered in view of the sheriff. The ink was barely dry as I heard the girl bemoan being ticketed.

As to law enforcement exemplifying: do as I say, not as I do. I assume the majority do not take advantage of official privilege. Years ago- there was an incident: several officers reprimanded for driving from a picnic at which they consumed alcohol. To some extent, the work that police do instills a level of cynicism, coupled with stress leads to isolated incidents that make headlines. Also- not every knucklehead can be screened out during the hiring process- true of any job.

Perhaps the pettiest misuse of privilege was a volunteer fireman who often used his blue lights to clear traffic on the way home from work.

With authority comes the responsibility to foster the principles upon which that authority is established. The unethical behavior of a few Catholic priests and bishops epitomizes failure to heed that responsibility. Any abuse of power calls authority into question and reflects on authority-in-general. Public trust is fragile, and hypocrisy is the most effective agent to undermine it.

I believe the Greece Police Department is currently discovering the limits of public trust.