S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2172
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 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.
                                                            LBD06028-01-3
              

 S. 2172                             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.