How will officers enforce texting ban?

BUFFALO, N.Y. (WIVB) - Erie County lawmakers just passed a bill to make driver texting, a moving violation.

What do police officers actually have to do, before they can write you a ticket?

In the surrounding counties where tougher texting bans have already been enacted, officers are still being briefed on how to handle such violations.

News 4 is not aware of one officer that actually issued a ticket for texting while driving.

Texting while driving usually happens at lap level, not necessarily visible to an officer.

"It's not something as easy as radar stop. But, you can see people if you think about it, you'll see," said Chief Deputy Thomas Beatty of the Niagara County Sheriff's Office.

Niagara County is only about ten days into its new texting ban.

It's similar to the one Erie County Legislators unanimously passed on Thursday, which makes texting while driving a primary offense.

Beatty says to date his deputies have yet to issue a single ticket for texting, mainly because the law is so new.

Beatty said, "We're giving people an opportunity to adjust. You give people a chance. Don't always write a ticket."

Such a ban has been largely untested in New York, and some believe it may be difficult to enforce.

There are lots of questions, including can your cell phone be seized if you're stopped for texting?

Beatty says, "No."

Then how can officers prove a driver was texting while driving?

"If an officer writes a ticket for someone going through a stop, there's no record of it. The officer sees, it writes and swear this is what happened," Beatty said.

Erie County's law will take effect once County Executive Chris Collins signs it.