S1499-2013 - NY Senate Open Legislation - Prohibits the operation of a motor vehicle on a public road, street or highway which is equipped with a display device within the view of the operator

Prohibits the operation of a motor vehicle on a public road, street or highway which is equipped with a display device within the view of the operator; defines the term "display device" as equipment designed and used for the purpose of receiving and displaying a broadcast image.

Sponsor: MARCELLINO / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S375, V & T L

S1499-2013 Actions

Apr 22, 2013: referred to transportation
Apr 22, 2013: DELIVERED TO ASSEMBLY
Apr 22, 2013: PASSED SENATE
Mar 5, 2013: ADVANCED TO THIRD READING
Mar 4, 2013: 2ND REPORT CAL.
Feb 28, 2013: 1ST REPORT CAL.137
Jan 9, 2013: REFERRED TO TRANSPORTATION

S1499-2013 Meetings

Transportation: Feb 12, 2013, Transportation: Feb 28, 2013

S1499-2013 Calendars

S1499-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Feb 28, 2013

Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson
Ayes W/R (1): O'Mara

VOTE: FLOOR VOTE: - Apr 22, 2013

Ayes (61): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Adams, Hannon

S1499-2013 Memo

BILL NUMBER:S1499

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the operation of
motor vehicles with a display device

PURPOSE: The purpose of this bill is to prevent
distracted driving by
prohibiting the viewing of pre-recorded video signals while operating
a motor vehicle.

SUMMARY OF PROVISIONS: This bill would prohibit any
person from
operating a motor vehicle in which a video monitor displaying
pre-recorded video signals is within the view of the operator of such
a vehicle. These provisions shall not apply to the video monitor of
any global positioning or navigational system.

JUSTIFICATION: This bill seeks to address the use and
abuse of
technology while driving on the road. Today's automobile
manufacturers are installing video monitors within vehicles for a
variety of reasons. Many such monitors are human aid tools, which
assist the driver such as global positioning or navigational systems.
However, many people also have devices such as DVD or VHS players
installed within their vehicles as well. This bill seeks to prevent
distracted driving by making it unlawful to operate a motor vehicle
which is equipped with a television set, or other video monitor upon
which pre-recorded programming may be displayed within the view of
the operator of such a vehicle.

LEGISLATIVE HISTORY: 2005-2008: Passed Senate;
2009-10: Senate Trans. Committee; 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one
hundred
twentieth day after it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act
on its effective date is authorized and directed to be made and
completed on or before such effective date.

S1499-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1499
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
 when printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation to  the  opera
 tion of motor vehicles with a display device
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 24 of section 375 of the  vehicle  and  traffic
 law, as amended by chapter 39 of the laws of 1989, is amended to read as
 follows:

 24.  (A)  It  shall  be unlawful to operate upon any public highway in
 this state a motor vehicle which is equipped with a [television  receiv-
 ing set] DISPLAY DEVICE within view of the operator or in which a [tele-
 vision  receiving set] DISPLAY DEVICE is in operation within the view of
 the operator. A motor vehicle shall not be deemed to be equipped with  a
 [television  receiving set] DISPLAY DEVICE (I) solely because such [set]
 DISPLAY DEVICE utilizes power from such vehicle OR (II) IF SUCH  DISPLAY
 DEVICE  IS  EQUIPPED WITH A FUNCTIONING DEVICE THAT DISABLES SUCH EQUIP
 MENT WHENEVER SUCH MOTOR VEHICLE IS IN MOTION. The  provisions  of  this
 subdivision  shall  not prohibit a vehicle with a weight of ten thousand
 pounds or more or a school  bus  from  using  closed-circuit  television
 receiving  equipment exclusively for safety and maneuvering purposes, in
 accordance with regulations to be established by the commissioner.
 (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "DISPLAY  DEVICE"
 SHALL  MEAN EQUIPMENT DESIGNED AND USED FOR THE PURPOSE OF RECEIVING AND
 DISPLAYING BROADCAST TELEVISION IMAGES, VISUAL  IMAGES  FROM  A  DIGITAL
 VIDEO  DISC  RECORDER OR PLAYER OR VIDEO CASSETTE RECORDER OR PLAYER, OR
 VISUAL IMAGES WHILE TRANSMITTED BY  WIRELESS  DIGITAL  TECHNOLOGY.  SUCH
 TERM SHALL NOT INCLUDE:

 (I) VEHICLE INFORMATION OR INSTRUMENTATION DISPLAYS;
 (II) A GLOBAL POSITIONING, NAVIGATIONAL OR MAPPING DISPLAY;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03259-01-3
        S. 1499                             2
 (III)  A  VISUAL DISPLAY PRODUCED BY TECHNOLOGY, WHICH IS NOT A CLOSED
 CIRCUIT VIDEO CAMERA AND MONITOR, THAT ENHANCES OR SUPPLEMENTS THE DRIV
 ER'S VIEW OF THE EXTERIOR TO THE FRONT OR SIDES OF A MOTOR  VEHICLE  FOR
 THE  PURPOSE  OF  MANEUVERING  THE  VEHICLE  AND  AVOIDING  CONTACT WITH
 PERSONS, ANIMALS OR OBJECTS; AND
 (IV) A CLOSED CIRCUIT VIDEO CAMERA AND MONITOR OR OTHER VISUAL DISPLAY
 THAT  ENHANCES  OR  SUPPLEMENTS THE DRIVER'S VIEW OF THE EXTERIOR TO THE
 REAR OF A MOTOR VEHICLE FOR THE PURPOSE OF MANEUVERING THE  VEHICLE  AND
 AVOIDING  CONTACT  WITH  PERSONS, ANIMALS OR OBJECTS, PROVIDED THAT SUCH
 MONITOR OR VISUAL DISPLAY IS DEACTIVATED  WHEN  SUCH  MOTOR  VEHICLE  IS
 SHIFTED OUT OF PARK OR REVERSE GEAR.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

S1499-2013: Prohibits the operation of a motor vehicle on a public road, street or highway which is equipped with a display device within the view of the operator