NY State Senate Bill 2021-S1136

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 07, 2021	referred to transportation

2021-S1136 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1225-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5694
2023-2024: S2172

2021-S1136 (ACTIVE) - Summary

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

2021-S1136 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1136

SPONSOR: LIU
 
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 OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the use of smart glasses
devices, like Google Glass, while driving.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill makes conforming changes to the existing law which bans the,
use of hand held cell phones while driving to include a ban on the use
of head-mounted electronic devices like Google Glass. A new paragraph
(e) is added to Subdivision 2 of section 1225-d of the vehicle and traf-
fic law to explain that "head-mounted" means wearing a portable elec-
tronic device on the head, ears and nose as eyeglasses or eyewear.

Common head-mounted devices shall include, but not be limited to Google
Glass and Google Glasses, and other similar technologies or devices.

 
JUSTIFICATION:

The use of devices like Google Glass while driving presents a real
threat of distraction and creates an unsafe condition on the road for
not only the driver but for the persons 'and Vehicles in the vicinity of
drivers who are using these devices. Existing law already prohibits the
use of hand held cell phones, defined as "portable electronic devices"
(PEDs), while driving. This bill expands the definition of PEDs to
include devices like Google Glass. Such devices allow the user to navi-
gate the Internet, check email, and receive and transmit information
while wearing a 'glass' that partially obscures the wearer's direct line
of sight. The use of the device requires that one eye focus on the image
shown inside the 'glass,' thereby significantly limiting the user's
ability to give their full attention to the task of driving. Including
devices like Google Glass in the existing ban on the use of PEDs while
driving is consistent with the intent of the original, legislation and
will increase public safety on the roads.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
30 days after becoming a law.

2021-S1136 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1136
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  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
 stopped at the side of, or off, a public highway  in  a  location  where
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03405-01-1

 S. 1136                             2
 
 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.
   § 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S1136

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S1136 (ACTIVE) - Details

2021-S1136 (ACTIVE) - Summary

2021-S1136 (ACTIVE) - Sponsor Memo

2021-S1136 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1136

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Sponsored By

John C. Liu

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S1136 (ACTIVE) - Details

2021-S1136 (ACTIVE) - Summary

2021-S1136 (ACTIVE) - Sponsor Memo

2021-S1136 (ACTIVE) - Bill Text download pdf

Comments