Assembly Bill A6417

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6417
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Transportation
 
 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; and
   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:
   §  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 TWENTY.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 397-d to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10288-01-9
              

 A. 6417                             2
 
   §  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
 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.
   § 3. This act shall take effect immediately;  provided  however,  that
 section  two of this act shall take effect on the thirtieth day after it
 shall have become a law.