What's happening
This bill prohibits drivers from using head-mounted portable electronic devices, such as Google Glass, while operating a vehicle.
Why it matters
Expands the definition of prohibited devices. to include not just hand-held electronics, but also those worn on the head (like smart glasses), aiming to address emerging tech that can distract drivers in new ways.
Closes potential legal loopholes. by making it clear that simply wearing a head-mounted device (even if not actively using it) is enough to presume use and thus trigger enforcement—raising the bar for what counts as distracted driving.
Specifically targets devices such as Google Glass and similar eyewear. acknowledging technological advances and preemptively addressing distractions that may not be covered by older laws focused solely on phones or handhelds.
Presumption of use is now extended to head-mounted devices. , which could make it easier for law enforcement to issue citations and for courts to uphold them, potentially increasing driver accountability and road safety.
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Who cares
Drivers using electronic eyewear
The bill would extend driving restrictions on portable electronic device use to head-mounted devices, explicitly including Google Glass and similar technologies.
Commercial motor vehicle operators
Conspicuously wearing a covered device would trigger a rebuttable presumption of use, including during temporary traffic stops, while preserving the exception for vehicles lawfully stopped at the side of or off a public highway.
Police officers and traffic courts
The bill would extend the existing rebuttable presumption of device use to drivers who conspicuously wear, rather than hold, a portable electronic device.
Headline styles
Ban Head-Mounted Devices Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Electronic Eyewear While Driving
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5694
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed 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
S. 5694 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.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to prohibiting the use of head-mounted portable electronic devices while driving
Purpose or general idea of bill
The purpose of this bill is to prohibit the use of electronic devices like Goggle Glass while driving,
Summary of specific provisions
This bill makes conforming changes to the existing law Which bans the, use of hand held cell phones while driving to include a ban on the use of head-mounted electronic devices like Google Glass. A new paragraph (e) is added to Subdivision 2 of section 1225-d of the vehicle and traffic law to explain that "flead-mo- tinted" means wearing a portable electronic device on the head, ears and nose as eyeglasses or eyewear. Common head-mounted devices shall include, but not be limited to Google Glass and Google Glasses, and other Similar, ,technologies or devices.
Justification
The use of devices like Google Glass while driving presents a real threat of distraction and creates an unsafe condition on the road for not only the driver but for the persons 'and Vehicles in the vicinity of drivers who are using these devices. Existing law already prohibits the use of hand held cell phones, defined as "portable electronic devices" (PEDs), while driving. This bill expands the definition of PEDs to include devices like Google Glass. Such devices allow the user to navi- gate the Internet, check email, and receive and transmit information while wearing a 'glass' that partially obscures the wearer's direct line of sight. The use of the device requires that one eye focus on the image shown inside the 'glass,' thereby significantly limiting the user's ability to give their full attention to the task of driving. Including devices like Google Glass in the existing ban on the use of PEDs while driving is consistent with the intent of the original, legislation and will increase public safety on the roads.
Fiscal implications for state and local governments
None to the state.
Effective date
30 days after becoming a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.