Bill S7805-2013

Requires portable electronic devices distributed after January 1, 2017 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour

Requires portable electronic devices distributed after January 1, 2017 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour; eliminates the exemption from provisions, relating to the use of portable electronic devices in motor vehicles, granted to commercial motor vehicles, police, firefighters and emergency vehicle operators.

Details

Actions

  • Jun 10, 2014: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S7805

TITLE OF BILL: An act to amend the general business law, in relation to prohibiting manufacturers and distributors from providing certain portable electronic devices for sale in this state; and to amend the vehicle and traffic law, in relation to eliminating the exemption granted to certain persons relating to the use of portable devices

PURPOSE: This bill requires portable electronic devices distributed after January 1, 2017 to automatically disable their texting and computer functions when the holder is operating a motor vehicle over 10 miles an hour.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the general business law by adding a new section 390-d.

Section 2 of the bill amends subdivisions 1, 3, and 4 of section 1225-d of the vehicle and traffic law.

Section 3 of the bill is the effective date.

JUSTIFICATION: Texting while driving is distracting and dangerous. Statistics have shown that death by texting drivers is increasing and is making our roads and highways dangerous to the public. This bill would require manufacturers of electronic portable devices to have technology that eliminates the texting feature while someone is operating a motor vehicle which will result in better focus on the road, and therefore, safer roads for the residents of New York State.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7805 IN SENATE June 10, 2014 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting manufacturers and distributors from providing certain portable elec- tronic devices for sale in this state; and to amend the vehicle and traffic law, in relation to eliminating the exemption granted to certain persons relating to the use of portable devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 390-d to read as follows: S 390-D. DISTRIBUTION OF PORTABLE ELECTRONIC DEVICES. 1. FOR THE PURPOSES OF THIS SECTION, "PORTABLE ELECTRONIC DEVICE" SHALL MEAN ANY HAND-HELD MOBILE TELEPHONE, AS DEFINED BY SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, PERSONAL DIGITAL ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER, BROADBAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC GAME, PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE WHICH CAN BE USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR PRESENT OR FUTURE COMMUNICATION. 2. ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO MANUFACTURER OR DISTRIBUTOR SHALL PROVIDE FOR SALE IN THIS STATE ANY PORTABLE ELEC- TRONIC DEVICE, UNLESS THE ABILITY OF SUCH DEVICE TO INPUT, WRITE, SEND, RECEIVE AND READ TEXT, DIGITAL INFORMATION AND IMAGES WHEN THE HOLDER OF SUCH DEVICE IS OPERATING A MOTOR VEHICLE TRAVELING AT TEN OR MORE MILES AN HOUR. 3. ANY MANUFACTURER OR DISTRIBUTOR WHICH VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, AND ANY PERSON WHO SELLS A PORTABLE ELECTRONIC DEVICE PROVIDED IN VIOLATION OF SUCH SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR EACH DEVICE. S 2. Subdivisions 1, 3 and 4 of section 1225-d of the vehicle and traffic law, subdivision 1 as amended by section 6 and subdivision 4 as amended by section 10 of part C of chapter 58 of the laws of 2013, and
subdivision 3 as added by chapter 403 of the laws of 2009, are amended to read as follows: 1. Except as otherwise provided in this section, no person shall oper- ate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall oper- ate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. [Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a portable electronic device on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not other- wise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.] 3. Subdivision one of this section shall not apply to [(a)] the use of a portable electronic device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department[, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter]. 4. A person who holds 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 momentary 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 officer shall not be presumed to be using such device]. The presumption established by this subdivi- sion is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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