NY State Assembly Bill 2009-A327

Assembly Bill A327

2009-2010 Legislative Session

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

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Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2010	enacting clause stricken
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

co-Sponsors

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2009-A327 (ACTIVE) - Details

See Senate Version of this Bill:: S2174
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S267
2013-2014: S386
2015-2016: S147
2017-2018: S4890

2009-A327 (ACTIVE) - Summary

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; and defines the term display device as equipment designed and used for the purpose of receiving and displaying a broadcast image.

2009-A327 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A327

TITLE OF BILL:
An  act  to amend the vehicle and traffic law, in relation to the opera-
tion of motor vehicles with a display device

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent practices of  distracted  driving
by  prohibiting  the  viewing  of  visual images through display devices
while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would prohibit any person from operating a motor vehicle  with
a display device within the view of the operator or in which the display
device  is  in  operation  within the view of the operator on any public
highway within this state.

Additionally this bill would prohibit motor vehicles from being equipped
with display devices, solely because display devices utilize power  from
vehicle.  In  the event of a motor vehicle being equipped with a display
device, a motor vehicle must be equipped with a functioning device  that
disables the display device while the vehicle is in motion.

The  provision  of  this  subdivision will not prohibit a vehicle with a
weight of ten thousand pounds or more or a school bus from  using  tele-
vision  receiving  equipment  exclusively  for  safety  and  maneuvering

purposes in accordance with the regulations to establish by the  commis-
sioner.

"Display devices" 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 tech-
nology.

The term "display device" shall not include the following:

(IV) Any display  device  or  system  used  for  displaying  information
intended to enhance traffic safety;

(V)  Any controls and displays related to an audio entertainment system,
heating or air conditioning.system or other  accessory  integrated  into
the electrical system of a motor vehicle;

(VI)  Any display device or system in a vehicle that permits the vehicle
driver to monitor vehicle occupants seated rearward of the driver;

(VII) Any display device or system whose primary function  is  transmit-
ting and receiving emergency alert messages;

(VIII)  Any display device or system whose primary function is transmit-
ting and receiving messages related to the operation of the vehicle;

(IX)  Any  use  of a display device or system while a vehicle is parked;
and,

(X) Any display device or system used in a law enforcement vehicle, fire
vehicle, ambulance or other emergency vehicle.

JUSTIFICATION:
This bill seeks to address the use and  abuse  of  to  day's  technology
while driving on the road. Today's automobile manufacturers are install-
ing  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 drivers have devices
such  as  DVD, VHS or other display devices installed within their vehi-
cles for the sale purpose of entertainment. 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  programming  may  be displayed within the view of the operator of
such a vehicle.

PRIOR LEGISLATIVE HISTORY:
2007-2008 - A1730D
05/13/08 - Amend and recommit to codes
05/13/08 - Print number 1730D

EFFECTIVE DATE:
This act shall take effect on the one hundred  twentieth  day  after  it
shall  have  became a law; provided, however, that effective immediately
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act an its effective date is author-
ized  and  directed to be made and completed on or before such effective
date.

2009-A327 (ACTIVE) - Bill Text download pdf

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

                                   327

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, CYMBROWITZ, McDONOUGH, WALKER -- Multi-
  Sponsored by -- M. of  A.  ALFANO,  BARRA,  BENJAMIN,  CAHILL,  CLARK,
  DINOWITZ, GLICK, MAYERSOHN, J. RIVERA, TOWNS -- read once and referred
  to the Committee on Transportation

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) NO OTHERWISE PERMITTED AFTERMARKET VISUAL DISPLAY DEVICE OR SYSTEM
SHALL  BE  INSTALLED  OR MOUNTED IN A MANNER THAT IMPAIRS THE OPERATOR'S
VIEW, CONTROL OF THE VEHICLE OR OPERATION OF THE VEHICLE'S SAFETY EQUIP-
MENT.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "DISPLAY  DEVICE"
SHALL  MEAN EQUIPMENT DESIGNED AND USED FOR THE PURPOSE OF RECEIVING AND

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

                                                           LBD00063-01-9

A. 327                              2

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,  DRIVER  INFORMATION  OR  INSTRUMENTATION
DISPLAYS;
  (II) A GLOBAL POSITIONING, NAVIGATIONAL OR MAPPING DISPLAY;
  (III) A VISUAL DISPLAY PRODUCED BY TECHNOLOGY THAT ENHANCES OR SUPPLE-
MENTS THE DRIVER'S VIEW OF THE EXTERIOR TO THE REAR, FRONT OR SIDES OF A
MOTOR VEHICLE FOR THE PURPOSE OF MANEUVERING THE  VEHICLE  AND  AVOIDING
CONTACT WITH PERSONS, ANIMALS OR OBJECTS;
  (IV)  ANY  DISPLAY  DEVICE  OR  SYSTEM USED FOR DISPLAYING INFORMATION
INTENDED TO ENHANCE TRAFFIC SAFETY;
  (V) ANY CONTROLS  AND  DISPLAYS  RELATED  TO  AN  AUDIO  ENTERTAINMENT
SYSTEM,  HEATING  OR  AIR  CONDITIONING SYSTEM, OR OTHER ACCESSORY INTE-
GRATED INTO THE ELECTRICAL SYSTEM OF A MOTOR VEHICLE;
  (VI) ANY DISPLAY DEVICE OR SYSTEM IN A VEHICLE THAT PERMITS THE  VEHI-
CLE OPERATOR TO MONITOR VEHICLE OCCUPANTS SEATED REARWARD OF SUCH OPERA-
TOR;
  (VII)  ANY  DISPLAY  DEVICE OR SYSTEM THE PRIMARY FUNCTION OF WHICH IS
TRANSMITTING AND RECEIVING EMERGENCY ALERT MESSAGES;
  (VIII) ANY DISPLAY DEVICE OR SYSTEM THE PRIMARY FUNCTION OF  WHICH  IS
TRANSMITTING  AND  RECEIVING  MESSAGES  RELATED  TO THE OPERATION OF THE
VEHICLE;
  (IX) ANY USE OF A DISPLAY DEVICE OR SYSTEM WHILE A VEHICLE IS  PARKED;
AND
  (X)  ANY DISPLAY DEVICE OR SYSTEM USED IN A POLICE VEHICLE, FIRE VEHI-
CLE, AMBULANCE OR OTHER EMERGENCY VEHICLE.
  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.

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Assembly Bill A327

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Sponsored By

PERALTA

Archive: Last Bill Status - Stricken

co-Sponsors

Steven Cymbrowitz

David McDonough

multi-Sponsors

Thomas Alfano

Robert Barra

Michael Benjamin

Kevin Cahill

2009-A327 (ACTIVE) - Details

2009-A327 (ACTIVE) - Summary

2009-A327 (ACTIVE) - Sponsor Memo

2009-A327 (ACTIVE) - Bill Text download pdf

Comments