Bill Text: NY A11284 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the non-motion under the influence of electronics act; prohibits using an electronic mobile device while temporarily stopped in a vehicle.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-07-25 - referred to transportation [A11284 Detail]
Download: New_York-2017-A11284-Introduced.html
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. LBD16380-01-8A. 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.
