Bill S386-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 386 2013-2014 Regular Sessions IN 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
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.

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