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; and defines the term display device as equipment designed and used for the purpose of receiving and displaying a broadcast image.

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S386-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S386-2013 Memo

BILL NUMBER:S386

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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to prevent practices of distracted driving
by prohibiting the viewing of visual images through display devices
while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends the Vehicle and Traffic Law Section 375 subdivision
24. Prohibits any person from operating a motor vehicle with a
display device within the view of the operator or in which the
display device is in operation within the view of the operator on any
public highway within this state. Requires that a motor vehicle must
be equipped with a functioning device that disables the display
device while the vehicle is in motion in the event the vehicle is
equipped with a display device. Excludes vehicles with a weight often
thousand pounds or more or a school bus from using television
receiving equipment exclusively for safety and maneuvering purposes
in accordance with the regulations established by the Commissioner.
Defines display devices.

Section 2 - Effective Date

EXISTING LAW:

None.

JUSTIFICATION:

This bill seeks to address the use and abuse of to day's 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 drivers
have devices such as DVD, VHS or other display devices installed
within their vehicles for the sale purpose of entertainment. 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 programming may be displayed within
the view of the operator of such a vehicle.

PRIOR LEGISLATIVE HISTORY:

2012:     S.267 - Referred in Transportation
2011:     S.267 - Defeated in Transportation
2010:     S.2174 - Referred to Transportation/A.327 - Enacting
          Clause Stricken
2009:     S.2174 - Referred to Transportation/A.327 - Referred to


          Transportation
2007-08:  S.634 - Passed Assembly
2007-08:  A.1730D - Amend and Recommit to Codes
2005-06:  S.1310 - Passed Senate
2005-06:  A.3917A - Amend and Recommit to Codes

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have became 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 an its effective date is authorized and
directed to be made and completed on or before such effective date.

S386-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     386

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DIAZ  --  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) NO OTHERWISE PERMITTED AFTERMARKET VISUAL DISPLAY DEVICE OR SYSTEM
  SHALL BE INSTALLED OR MOUNTED IN A MANNER THAT  IMPAIRS  THE  OPERATOR'S
  VIEW, CONTROL OF THE VEHICLE OR OPERATION OF THE VEHICLE'S SAFETY EQUIP-
  MENT.
    (C)  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00439-01-3

 S. 386                              2

  VISUAL  IMAGES  WHILE  TRANSMITTED  BY WIRELESS DIGITAL TECHNOLOGY. SUCH
  TERM SHALL NOT INCLUDE:

    (I)   VEHICLE   INFORMATION,  DRIVER  INFORMATION  OR  INSTRUMENTATION
  DISPLAYS;
    (II) A GLOBAL POSITIONING, NAVIGATIONAL OR MAPPING DISPLAY;
    (III) A VISUAL DISPLAY PRODUCED BY TECHNOLOGY THAT ENHANCES OR SUPPLE-
  MENTS THE DRIVER'S VIEW OF THE EXTERIOR TO THE REAR, FRONT OR SIDES OF A
  MOTOR VEHICLE FOR THE PURPOSE OF MANEUVERING THE  VEHICLE  AND  AVOIDING
  CONTACT WITH PERSONS, ANIMALS OR OBJECTS;
    (IV)  ANY  DISPLAY  DEVICE  OR  SYSTEM USED FOR DISPLAYING INFORMATION
  INTENDED TO ENHANCE TRAFFIC SAFETY;
    (V) ANY CONTROLS  AND  DISPLAYS  RELATED  TO  AN  AUDIO  ENTERTAINMENT
  SYSTEM,  HEATING  OR  AIR  CONDITIONING SYSTEM, OR OTHER ACCESSORY INTE-
  GRATED INTO THE ELECTRICAL SYSTEM OF A MOTOR VEHICLE;
    (VI) ANY DISPLAY DEVICE OR SYSTEM IN A VEHICLE THAT PERMITS THE  VEHI-
  CLE OPERATOR TO MONITOR VEHICLE OCCUPANTS SEATED REARWARD OF SUCH OPERA-
  TOR;
    (VII)  ANY  DISPLAY  DEVICE OR SYSTEM THE PRIMARY FUNCTION OF WHICH IS
  TRANSMITTING AND RECEIVING EMERGENCY ALERT MESSAGES;
    (VIII) ANY DISPLAY DEVICE OR SYSTEM THE PRIMARY FUNCTION OF  WHICH  IS
  TRANSMITTING  AND  RECEIVING  MESSAGES  RELATED  TO THE OPERATION OF THE
  VEHICLE;
    (IX) ANY USE OF A DISPLAY DEVICE OR SYSTEM WHILE A VEHICLE IS  PARKED;
  AND
    (X)  ANY DISPLAY DEVICE OR SYSTEM USED IN A POLICE VEHICLE, FIRE VEHI-
  CLE, AMBULANCE OR OTHER EMERGENCY VEHICLE.
    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.