STATE OF NEW YORK
________________________________________________________________________
11284
IN ASSEMBLY
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ortiz) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting the
non-motion under the influence of electronics act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall by known and may be cited as
2 the "non-motion under the influence of electronics act".
3 § 2. Paragraph (b) of subdivision 2, and subdivisions 3, 4, and 6 of
4 section 1225-d of the vehicle and traffic law, paragraph (b) of subdivi-
5 sion 2 as amended by section 8 and subdivision 4 as amended by section
6 10 of part C of chapter 58 of the laws of 2013, subdivision 3 as added
7 by chapter 403 of the laws of 2009, and subdivision 6 as amended by
8 section 7 of part B of chapter 55 of the laws of 2014, are amended to
9 read as follows:
10 (b) "Using" shall mean holding a portable electronic device while
11 viewing, taking or transmitting images or videos, playing games, input-
12 ting information into a music app or GPS-based navigation app or, for
13 the purpose of present or future communication: performing a command or
14 request to access a world wide web page, composing, sending, reading,
15 viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
16 text messages, instant messages, or other electronic data. "Using"
17 shall not mean operating a portable electronic device by a voice command
18 system which requires no physical touching of such device.
19 3. Subdivision one of this section shall not apply to (a) the use of a
20 portable electronic device for the sole purpose of communicating with
21 any of the following regarding an emergency situation: an emergency
22 response operator; a hospital; a physician's office or health clinic; an
23 ambulance company or corps; a fire department, district or company; or a
24 police department, (b) any of the following persons while in the
25 performance of their official duties: a police officer or peace officer;
26 a member of a fire department, district or company; or the operator of
27 an authorized emergency vehicle as defined in section one hundred one of
28 this chapter, (c) the operator of a vehicle that is legally parked.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16380-01-8
A. 11284 2
1 4. A person who holds a portable electronic device in a conspicuous
2 manner while operating a motor vehicle or while operating a commercial
3 motor vehicle on a public highway including while temporarily stationary
4 because of traffic, [a] stopped at a traffic light, stop sign, railroad
5 crossing or any other traffic control device, or other momentary delays
6 but not including when such commercial motor vehicle is stopped at the
7 side of, or off, a public highway in a location where such vehicle is
8 not otherwise prohibited from stopping by law, rule, regulation or any
9 lawful order or direction of a police officer is presumed to be using
10 such device, except that a person operating a commercial motor vehicle
11 while using a portable electronic device when such vehicle is stopped at
12 the side of, or off, a public highway in a location where such vehicle
13 is not otherwise prohibited from stopping by law, rule, regulation or
14 any lawful order or direction of a police officer shall not be presumed
15 to be using such device. The presumption established by this subdivision
16 is rebuttable by evidence tending to show that the operator was not
17 using the device within the meaning of this section.
18 6. (a) A violation of this section shall be a traffic infraction and
19 shall be punishable by a fine of not less than fifty dollars nor more
20 than two hundred dollars upon conviction of a first violation; upon
21 conviction of a second violation, both of which were committed within a
22 period of eighteen months, such violation shall be punished by a fine of
23 not less than fifty dollars nor more than two hundred fifty dollars;
24 upon conviction of a third or subsequent violation, all of which were
25 committed within a period of eighteen months, such violation shall be
26 punished by a fine of not less than fifty dollars nor more than four
27 hundred fifty dollars.
28 (b) Notwithstanding any other provision of this section, a violation
29 of this section that occurs when the operator is temporarily stationary
30 because of traffic, stopped at a traffic light, stop sign, railroad
31 crossing or another traffic control device shall be a traffic infraction
32 and shall be punishable by a fine of fifty dollars and one point against
33 such person's drivers license upon conviction of a first violation; upon
34 conviction of a second violation, both of which were committed within a
35 period of eighteen months, such violation shall be punished by a fine of
36 one hundred dollars and two points against such person's license; upon
37 conviction of a third or subsequent violation, all of which were commit-
38 ted within a period of eighteen months, such violation shall be punished
39 by a fine of one hundred fifty dollars and three points against such
40 person's drivers license.
41 § 3. This act shall take effect immediately.