S T A T E   O F   N E W   Y O R K
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                                   384

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 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

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

                                                           LBD02547-01-5

S. 384                              2

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.