S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   730
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                               (PREFILED)
                             January 7, 2015
                               ___________
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 dashboard computers
  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 1225-e to read as follows:
  S  1225-E. USE OF DASHBOARD COMPUTERS. 1. EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE USING ANY
DASHBOARD COMPUTER WHILE SUCH VEHICLE IS IN MOTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING DEFINITIONS:
  (A)  "DASHBOARD  COMPUTER"  MEANS  ANY DASHBOARD-MOUNTED HUMAN-MACHINE
INTERFACE (HMI) MODULE INCLUDING ANY MODULAR VEHICLE  COMPUTER,  VEHICLE
INFOTAINMENT  COMPUTER,  TOUCHSCREEN DASHBOARD-MOUNTED COMPUTER, AND ANY
HMI THAT PERFORMS FUNCTIONS INCLUDING,  BUT  NOT  LIMITED  TO,  INTERNET
ACCESS, E-MAIL ACCESS AND/OR VIDEO PLAYBACK.
  (B)  "USING" MEANS TOUCHING, LOOKING AT, VIEWING, ACCESSING, BROWSING,
READING, AND/OR WATCHING.
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO:
  (A)  THE  USE OF A DASHBOARD COMPUTER FOR THE SOLE PURPOSE OF COMMUNI-
CATING WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION:
  (I) AN EMERGENCY RESPONSE OPERATOR;
  (II) A HOSPITAL;
  (III) A PHYSICIAN'S OFFICE OR HEALTH CLINIC;
  (IV) AN AMBULANCE COMPANY OR CORPS;
  (V) A FIRE DEPARTMENT, DISTRICT OR COMPANY;
  (VI) OR A POLICE DEPARTMENT;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD02553-01-5
S. 730                              2
  (B) THE USE OF A DASHBOARD COMPUTER TO ACCESS:
  (I) TEMPERATURE CONTROLS;
  (II) MUSIC CONTROLS, INCLUDING SATELLITE RADIO, AM/FM RADIO OR COMPACT
DISK CONTROLS AND DISPLAYS;
  (III) OTHER DRIVER CONTROL PANEL FUNCTIONS;
  (IV) ANY GLOBAL POSITIONING SYSTEM UNIT; OR
  (V)  ANY  ADVANCED  DRIVING ASSISTANCE SYSTEMS, INCLUDING DAY OR NIGHT
VISION SUPPORT, PARKING AIDS, OR ADAPTIVE CRUISE CONTROL;
  (C) ANY OF THE FOLLOWING PERSONS WHILE IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL DUTIES:
  (I) A POLICE OFFICER OR PEACE OFFICER;
  (II) A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY;
  (III) OR THE OPERATOR OF AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN
SECTION ONE HUNDRED ONE OF THIS CHAPTER.
  4.  THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO AUTHORIZE
THE SEIZURE OR FORFEITURE OF  A  DASHBOARD  COMPUTER,  UNLESS  OTHERWISE
PROVIDED BY LAW.
  5. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL
BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED FIFTY DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.