Senate Bill S8534A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8534
 
                             I N  S E N A T E
 
                             February 9, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 virtual reality devices while operating a motor vehicle
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 and paragraphs (a) and (b) of  subdivision  2
 of  section  1225-d  of  the  vehicle  and traffic law, subdivision 1 as
 amended by section 6 and paragraphs (a) and  (b)  of  subdivision  2  as
 amended  by  section  8 of part C of chapter 58 of the laws of 2013, are
 amended to read as follows:
   1. Except as otherwise provided in this section, no person shall oper-
 ate a motor vehicle while using any  portable  electronic  device  while
 such vehicle is in motion; NOR SHALL A PERSON USE ANY PORTABLE ELECTRON-
 IC DEVICE THAT OBSTRUCTS THEIR VISION, IN FULL OR IN PART, WHILE OPERAT-
 ING  SUCH  VEHICLE;  provided,  however,  that no person shall operate a
 commercial motor vehicle while using any portable electronic device on a
 public highway including while temporarily stationary because  of  traf-
 fic,  a  traffic  control  device,  or  other momentary delays. Provided
 further, however, that a person shall not be deemed to  be  operating  a
 commercial  motor  vehicle while using a portable electronic device on a
 public highway when such vehicle is stopped at the side of,  or  off,  a
 public highway in a location where such vehicle is not otherwise prohib-
 ited  from  stopping  by  law,  rule,  regulation or any lawful order or
 direction of a police officer.
   (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, VIRTUAL REALITY DEVICE,  AUGMENTED
 REALITY  DEVICE,  or  any  other  electronic  device when used to input,
 write, send, receive, or read text for present or future communication.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14478-01-4
              

 S. 8534                             2
 
   (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.
   § 2. This act shall take effect immediately.