Bill Text: NY A02729 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to prohibiting the operation of a motor vehicle while using a wearable computer with a head-mounted display.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A02729 Detail]

Download: New_York-2015-A02729-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2729
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of A. KATZ -- Multi-Sponsored by -- M. of A. GIGLIO,
         SALADINO -- read once and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
         the  operation of a motor vehicle while using a wearable computer with
         a head-mounted display
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs (a) and (b) of subdivision 2 of section 1225-d
    2  of the vehicle and traffic law, as amended by section 8  of  part  C  of
    3  chapter 58 of the laws of 2013, are amended to read as follows:
    4    (a) "Portable electronic device" shall mean any hand-held mobile tele-
    5  phone,  as  defined by subdivision one of section twelve hundred twenty-
    6  five-c of this  article,  personal  digital  assistant  (PDA),  handheld
    7  device  with  mobile  data  access,  laptop  computer,  pager, broadband
    8  personal communication  device,  two-way  messaging  device,  electronic
    9  game, or portable computing device, WEARABLE COMPUTER WITH A HEAD-MOUNT-
   10  ED  DISPLAY,  or  any other electronic device when used to input, write,
   11  send, receive, or read text for present or future communication.
   12    (b) "Using" shall mean holding a portable electronic device OR USING A
   13  WEARABLE COMPUTER WITH HEAD-MOUNTED DISPLAY  while  viewing,  taking  or
   14  transmitting  images,  playing  games, or, for the purpose of present or
   15  future communication: performing a command or request to access a  world
   16  wide  web  page, composing, sending, reading, viewing, accessing, brows-
   17  ing, transmitting, saving or retrieving e-mail, text  messages,  instant
   18  messages, or other electronic data.
   19    S 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is
   20  amended by adding a new paragraph (e) to read as follows:
   21    (E)  "WEARABLE  COMPUTER  WITH  A  HEAD-MOUNTED  DISPLAY" SHALL MEAN A
   22  COMPUTING DEVICE WHICH IS WORN ON THE HEAD AND PROJECTS VISUAL  INFORMA-
   23  TION INTO THE FIELD OF VISION OF THE WEARER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04420-01-5
       A. 2729                             2
    1    S  3.  Subdivision 4 of section 1225-d of the vehicle and traffic law,
    2  as amended by section 10 of part C of chapter 58 of the laws of 2013, is
    3  amended to read as follows:
    4    4.  A  person  who holds a portable electronic device in a conspicuous
    5  manner OR USING A WEARABLE  COMPUTER  WITH  HEAD-MOUNTED  DISPLAY  while
    6  operating  a motor vehicle or while operating a commercial motor vehicle
    7  on a public highway including while temporarily  stationary  because  of
    8  traffic,  a  traffic  control  device, or other momentary delays but not
    9  including when such commercial motor vehicle is stopped at the side  of,
   10  or  off, a public highway in a location where such vehicle is not other-
   11  wise prohibited from stopping by law, rule,  regulation  or  any  lawful
   12  order  or  direction  of  a  police officer is presumed to be using such
   13  device, except that a person operating a commercial motor vehicle  while
   14  using  a  portable electronic device when such vehicle is stopped at the
   15  side of, or off, a public highway in a location where  such  vehicle  is
   16  not  otherwise  prohibited from stopping by law, rule, regulation or any
   17  lawful order or direction of a police officer shall not be  presumed  to
   18  be using such device. The presumption established by this subdivision is
   19  rebuttable  by  evidence tending to show that the operator was not using
   20  the device within the meaning of this section.
   21    S 4. This act shall take effect immediately.