Assembly Bill A8589A

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

                                 8589--A

                          I N  A S S E M B L Y

                            January 24, 2014
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on  Transportation  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  evaluating
  and  ensuring  the safety of driving with regard to wearing glasses or
  contacts capable of accessing the internet and mobile  technology;  in
  relation  to  prohibiting  the  use  of such glasses or contacts while
  driving

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 397-c to read as follows:
  S 397-C. EVALUATING THE SAFETY OF DRIVING  WHILE  WEARING  GLASSES  OR
CONTACT  LENSES CAPABLE OF ACCESSING THE INTERNET AND MOBILE TECHNOLOGY.
1. THE DEPARTMENT AND THE  GOVERNOR'S  TRAFFIC  SAFETY  COMMITTEE  SHALL
EVALUATE THE SAFETY OF DRIVING WHILE WEARING GLASSES OR CONTACTS CAPABLE
OF  ACCESSING  THE  INTERNET  AND  MOBILE  TECHNOLOGY, INCLUDING BUT NOT
LIMITED TO, TEXTING, VIDEO, CELL PHONE ADDRESS BOOKS AND DATABASES.
  2. ENTITIES SHALL SUBMIT A REPORT AND RECOMMENDATIONS INCLUDING WHETH-
ER SUCH TECHNOLOGY SHOULD BE BANNED FROM BEING WORN WHEN DRIVING; WHETH-
ER THE STATE SHOULD BAN THE ISSUANCE OF AUTO INSURANCE TO A  DRIVER  WHO
DOES  NOT CERTIFY WITH HIS OR HER AUTOMOBILE INSURANCE CARRIER THAT SUCH
GLASSES WILL NOT BE WORN WHEN DRIVING; WHETHER  THE  VIOLATION  OF  SUCH
CERTIFICATION  CAN  BE USED TO PERMANENTLY DENY AUTO INSURANCE TO SUCH A
DRIVER; WHAT PENALTIES AND FINES SHOULD BE IMPOSED ON THOSE DRIVING WITH
SUCH A DISTRACTION FOR THE ROAD; AND WHAT LIMITS ON YOUNG AND NEW  DRIV-
ERS SHOULD BE PUT IN PLACE WITH REGARD TO SUCH TECHNOLOGY; AND ANY OTHER
SUGGESTIONS THAT WILL IMPROVE TRAFFIC SAFETY IN THE STATE. THE REPORT IS
DUE NO LATER THAN FEBRUARY FIRST, TWO THOUSAND FIFTEEN.
  S  2.  The  vehicle and traffic law is amended by adding a new section
397-d to read as follows:
  S 397-D. DRIVING WHILE WEARING GLASSES OR CONTACTS CAPABLE OF  ACCESS-
ING  THE  INTERNET  AND  MOBILE  TECHNOLOGY  PROHIBITED.  1.  GLASSES OR
CONTACTS CAPABLE OF ACCESSING THE INTERNET ARE PROHIBITED WHILE  DRIVING

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

                                                           LBD11620-04-4

A. 8589--A                          2

A  MOTOR  VEHICLE UNTIL THE DEPARTMENT AND THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE ISSUE THE REPORT REQUIRED BY SECTION THREE HUNDRED NINETY-SEV-
EN-C OF THIS ARTICLE.
  2.  WEARING SUCH GLASSES OR CONTACTS WHILE PROHIBITED PURSUANT TO THIS
SECTION SHALL RESULT IN AN AUTOMATIC SIX MONTH SUSPENSION OF A  DRIVER'S
LICENSE ISSUED PURSUANT TO THIS CHAPTER.
  3.  NO  DRIVER  UNDER THE AGE OF TWENTY-ONE SHALL WEAR SUCH GLASSES OR
CONTACTS, REGARDLESS OF THE  AFOREMENTIONED  STUDY  GROUP'S  RECOMMENDA-
TIONS.
  4.  ANY DRIVER ISSUED A LICENSE WITHIN THE PAST YEAR, PURSUANT TO THIS
CHAPTER, SHALL BE PROHIBITED FROM THE USE OF SUCH TECHNOLOGY WHILE DRIV-
ING; SUCH A VIOLATION SHALL RESULT IN THE AUTOMATIC SUSPENSION OF SUCH A
LICENSE FOR ONE YEAR.
  5. A PERSON WHO HAS BEEN INJURED BY REASON OF ANY  VIOLATION  OF  THIS
SECTION  MAY BRING AN ACTION IN HIS OR HER OWN NAME AGAINST THE MANUFAC-
TURER OF SUCH TECHNOLOGY.
  S 3. This act shall take effect immediately; provided however, section
two of this act shall take effect on the thirtieth day  after  it  shall
have become a law.