Bill S6435-2013

Prohibits the use of head-mounted portable electronic devices while driving

Prohibits the use of head-mounted portable electronic devices while driving.

Details

Actions

  • Jan 23, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S6435

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to prohibiting the use of head-mounted portable electronic devices while driving

PURPOSE:

This legislation would prohibit the use of head-mounted portable electronic devices while driving.

SUMMARY OF PROVISIONS:

Paragraph (a) and (b) of subdivision 2 and subdivision 4 of section 1225-d of the vehicle and traffic law, is amended to prohibit the use of head-mounted portable electronic devices while driving.

JUSTIFICATION:

As technology continues to evolve and expand, it is critical that we insure that it does not put convenience ahead of safety on New York's roads and highways. The emergence of glasses like devices which allows the wearer to access the Internet, take photos and film video, are an exciting and innovative product. Yet it is a product that would be a distraction to drivers and would place vehicle operators and pedestrians in jeopardy.

This legislation would prohibit the use of wearable, head-mounted electronic devices while operating a motor vehicle.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6435 IN SENATE January 23, 2014 ___________
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 prohibiting the use of head-mounted portable electronic devices while driving THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 2 and subdivision 4 of section 1225-d of the vehicle and traffic law, paragraphs (a) and (b) of subdivision 2 as amended by section 8 of part C of chapter 58 of the laws of 2013 and subdivision 4 as amended by section 10 of part C of chapter 58 of the laws of 2013, are amended to read as follows: (a) "Portable electronic device" shall mean any hand-held OR HEAD-MOUNTED mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, elec- tronic game, [or] portable computing device, or any other electronic device when used to input, write, send, receive, or read text for pres- ent or future communication. (b) "Using" shall mean holding OR WEARING a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data. 4. A person who holds OR WEARS a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momen- tary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a
commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police offi- cer shall not be presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section. S 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is amended by adding a new paragraph (e) to read as follows: (E) "HEAD-MOUNTED" SHALL MEAN WEARING A PORTABLE ELECTRONIC DEVICE ON THE HEAD, EARS AND NOSE AS EYEGLASSES OR EYEWEAR. COMMON HEAD-MOUNTED PORTABLE ELECTRONIC DEVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, GOOGLE GLASS AND GOOGLE GLASSES, AND OTHER SIMILAR TECHNOLOGIES OR DEVICES. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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