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:
Section 1. Paragraphs (a) and (b) of subdivision 2 of section 1225-d
of the vehicle and traffic law, as amended by section 8 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 mobile tele-
phone, 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, electronic
game, or portable computing device, WEARABLE COMPUTER WITH A HEAD-MOUNT-
ED DISPLAY, or any other electronic device when used to input, write,
send, receive, or read text for present or future communication.
(b) "Using" shall mean holding a portable electronic device OR USING A
WEARABLE COMPUTER WITH HEAD-MOUNTED DISPLAY 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, brows-
ing, transmitting, saving or retrieving e-mail, text messages, instant
messages, or other electronic data.
S 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) "WEARABLE COMPUTER WITH A HEAD-MOUNTED DISPLAY" SHALL MEAN A
COMPUTING DEVICE WHICH IS WORN ON THE HEAD AND PROJECTS VISUAL INFORMA-
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
S 3. Subdivision 4 of section 1225-d of the vehicle and traffic law,
as amended by section 10 of part C of chapter 58 of the laws of 2013, is
amended to read as follows:
4. A person who holds a portable electronic device in a conspicuous
manner OR USING A WEARABLE COMPUTER WITH HEAD-MOUNTED DISPLAY 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 momentary 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 other-
wise 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 officer 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.
S 4. This act shall take effect immediately.