S940-2011 - 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 / Co-sponsor(s): LARKIN / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S375, V & T L

S940-2011 Actions

Jun 18, 2012: referred to transportation
Jun 18, 2012: DELIVERED TO ASSEMBLY
Jun 18, 2012: PASSED SENATE
May 7, 2012: ADVANCED TO THIRD READING
May 2, 2012: 2ND REPORT CAL.
May 1, 2012: 1ST REPORT CAL.677
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
May 16, 2011: referred to transportation
May 16, 2011: DELIVERED TO ASSEMBLY
May 16, 2011: PASSED SENATE
Mar 10, 2011: ADVANCED TO THIRD READING
Mar 9, 2011: 2ND REPORT CAL.
Mar 8, 2011: 1ST REPORT CAL.180
Jan 5, 2011: REFERRED TO TRANSPORTATION

S940-2011 Meetings

Transportation: May 1, 2012, Transportation: Mar 8, 2011

S940-2011 Calendars

S940-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 8, 2011

Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Stavisky, Valesky
Ayes W/R (1): Squadron

VOTE: FLOOR VOTE: - May 16, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Montgomery

VOTE: COMMITTEE VOTE: - Transportation - May 1, 2012

Ayes (17): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky
Ayes W/R (1): Adams
Excused (1): Valesky

VOTE: FLOOR VOTE: - Jun 18, 2012

Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins

S940-2011 Memo

BILL NUMBER:S940

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
2009-2010: Senate Transportation Committee

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.

S940-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           940
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sens. MARCELLINO, LARKIN -- read twice and ordered print
 ed, and when printed to be committed to the Committee  on  Transporta
 tion
 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;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04953-01-1
        S. 940                              2
 (II) A GLOBAL POSITIONING, NAVIGATIONAL OR MAPPING DISPLAY;
 (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.

S940-2011: 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