senate Bill S6435

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 referred to transportation


S6435 - Details

See Assembly Version of this Bill:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1225-d, V & T L

S6435 - Summary

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

S6435 - Sponsor Memo

S6435 - Bill Text download pdf

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


                            I N  S E N A T E

                            January 23, 2014

Introduced  by  Sen.  MARCELLINO  -- 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


  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 of part C of chapter 58 of the
laws of 2013 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
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

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


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