What's happening
This bill prohibits drivers from using head-mounted portable electronic devices, like Google Glass, while operating a motor vehicle.
Why it matters
Expands the definition of "portable electronic device". to explicitly include "head-mounted" devices (such as Google Glass), closing a loophole that previously focused mainly on hand-held electronics.
Updates the definition of "using" a device. to cover not just holding but also "wearing" electronics, which means drivers can't claim compliance simply because they're not using their hands.
Creates a clear presumption of "use". if a driver is seen holding or wearing a device, making enforcement more straightforward for law enforcement and potentially leading to more consistent application of the law.
Specifically outlines what qualifies as "head-mounted,". helping to future-proof the law as new wearable technologies emerge, ensuring that similar devices are covered even as technology evolves.
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Who cares
Headline styles
Ban Electronic Eyewear While Driving
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Head-Mounted Devices Driving
In Senate Committee · Transportation · Sponsor John Liu
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3083
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ORTIZ, FAHY, STECK, ASHBY -- 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.
LBD06698-01-9
A. 3083 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.