A02729 Summary:

BILL NOA02729
 
SAME ASNo Same As
 
SPONSORKatz
 
COSPNSR
 
MLTSPNSRGiglio, Saladino
 
Amd S1225-d, V & T L
 
Relates to prohibiting the operation of a motor vehicle while using a wearable computer with a head-mounted display.
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A02729 Actions:

BILL NOA02729
 
01/20/2015referred to transportation
04/22/2015held for consideration in transportation
01/06/2016referred to transportation
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A02729 Memo:

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.
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A02729 Text:



 
                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.
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