NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2729
SPONSOR: Katz (MS) TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit all ocular technology such as Google
glasses being used while operating a motor vehicle.
SUMMARY OF SPECIFIC PROVISIONS:
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 chap-
ter 58 of the laws of 2013, are amended to include wearable computer
with a head-mounted display technology(s).
Section 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 information into
the field of vision of the wearer.
JUSTIFICATION:
Advancements in ocular technology, such as Google glasses, are revolu-
tionary, however can be a hazardous if used. This technology will be a
distraction to drivers and avert their attention away from our public
roads. Prohibiting the usage of this technology will ensure safer
commutes for all New Yorkers.
PRIOR LEGISLATIVE HISTORY:
2014 - A8360: held for consideration in transportation
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2729
2015-2016 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraphs (a) and (b) of subdivision 2 of section 1225-d
2 of the vehicle and traffic law, as amended by section 8 of part C of
3 chapter 58 of the laws of 2013, are amended to read as follows:
4 (a) "Portable electronic device" shall mean any hand-held mobile tele-
5 phone, as defined by subdivision one of section twelve hundred twenty-
6 five-c of this article, personal digital assistant (PDA), handheld
7 device with mobile data access, laptop computer, pager, broadband
8 personal communication device, two-way messaging device, electronic
9 game, or portable computing device, wearable computer with a head-mount-
10 ed display, or any other electronic device when used to input, write,
11 send, receive, or read text for present or future communication.
12 (b) "Using" shall mean holding a portable electronic device or using a
13 wearable computer with head-mounted display while viewing, taking or
14 transmitting images, playing games, or, for the purpose of present or
15 future communication: performing a command or request to access a world
16 wide web page, composing, sending, reading, viewing, accessing, brows-
17 ing, transmitting, saving or retrieving e-mail, text messages, instant
18 messages, or other electronic data.
19 § 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is
20 amended by adding a new paragraph (e) to read as follows:
21 (e) "Wearable computer with a head-mounted display" shall mean a
22 computing device which is worn on the head and projects visual informa-
23 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
1 § 3. Subdivision 4 of section 1225-d of the vehicle and traffic law,
2 as amended by section 10 of part C of chapter 58 of the laws of 2013, is
3 amended to read as follows:
4 4. A person who holds a portable electronic device in a conspicuous
5 manner or using a wearable computer with head-mounted display while
6 operating a motor vehicle or while operating a commercial motor vehicle
7 on a public highway including while temporarily stationary because of
8 traffic, a traffic control device, or other momentary delays but not
9 including when such commercial motor vehicle is stopped at the side of,
10 or off, a public highway in a location where such vehicle is not other-
11 wise prohibited from stopping by law, rule, regulation or any lawful
12 order or direction of a police officer is presumed to be using such
13 device, except that a person operating a commercial motor vehicle while
14 using a portable electronic device when such vehicle is stopped at the
15 side of, or off, a public highway in a location where such vehicle is
16 not otherwise prohibited from stopping by law, rule, regulation or any
17 lawful order or direction of a police officer shall not be presumed to
18 be using such device. The presumption established by this subdivision is
19 rebuttable by evidence tending to show that the operator was not using
20 the device within the meaning of this section.
21 § 4. This act shall take effect immediately.
