What's happening
This bill prohibits the use of head-mounted portable electronic devices, such as Google Glass, while driving in New York.
Why it matters
Expands the definition of “portable electronic device” to include head-mounted devices. (like Google Glass), not just handheld ones, meaning new forms of wearable tech are now explicitly covered by distracted driving laws.
Updates legal language so that “using” such a device now includes both holding and wearing. making it easier for law enforcement to issue citations if a driver is seen with these devices on their head, regardless of whether they are actively being operated.
Presumes a driver is using a portable electronic device if it is worn conspicuously while driving. , shifting some burden to the driver to prove they were not actually using it, which could increase enforcement and court cases.
Specifically defines “head-mounted” devices. (including examples like Google Glass) to avoid ambiguity, ensuring that future wearable technologies of a similar nature will also be subject to the ban, potentially improving road safety as technology evolves.
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Who cares
Headline styles
Ban Head-Mounted Devices While Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2509
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by 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 prohibiting the use of head-mounted portable electronic devices while driving
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 2 and subdivision 4 of section 1225-d of the vehicle and traffic law, paragraphs (a) and (b) of subdivision 2 as amended by section 8 and subdivision 4 as amended by section 10 of part C of chapter 58 of the laws of 2013, are amended to read as follows:
(a) "Portable electronic device" shall mean any hand-held or headmounted mobile telephone, 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, or any other electronic device when used to input, write, send, receive, or read text for present or future communication.
(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.
4. A person who holds or wears a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07758-01-7
A. 2509 2
such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this 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) "Head-mounted" shall mean wearing a portable electronic device on the head, ears and nose as eyeglasses or eyewear. Common head-mounted portable electronic devices shall include, but not be limited to, Google Glass and Google Glasses, and other similar technologies or devices.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.