BILL NUMBER: S10697
SPONSOR: BYNOE
 
TITLE OF BILL:
An act to amend the general business law and the vehicle and traffic
law, in relation to enacting the "vehicle streaming device ban" act
 
PURPOSE:
The purpose of this act is to ban the sale and use of certain devices
which allow video streaming on a vehicles center console or infotainment
center while a vehicle is in motion.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends the General Business Law by adding a new
section 392-1, which reads as follows:
§ 392-1. Prohibit the sale of any device capable of allowing access to
streaming of video on the infotainment screen equipped to the center
console of such vehicle or any screen otherwise in direct view of the
driver of such vehicle while the vehicle is in motion.
1. For the purposes of this section: (a) "streaming device" shall mean
any device capable of allowing access to streaming of video on the info-
tainment screen equipped to the center console of such vehicle or any
screen otherwise in direct view of the driver of such vehicle while the
vehicle is in motion.
(b) "Distributor" shall mean any person who delivers to a person other
than purchaser, for the purpose of retail sale.
(c) "Manufacturer" shall mean any person who makes and places into the
stream of commerce any device capable of allowing access to streaming of
video on the infotainment screen equipped to the center console of such
vehicle or any screen otherwise in direct view of the driver of such
vehicle while the vehicle is in motion.
(d) "Retailer" shall have the same meaning as set forth in subdivision
eleven of section four hundred ninety-a of this chapter.
(e) "Secondhand dealer" shall have the same meaning as set forth in
subdivision six of section four hundred ninety-a of this chapter.
(f) "Person" shall mean a natural person, firm, corporation, limited
liability company, association, or an employee or agent of a natural
person or an entity included in this definition.
2. No manufacturer, importer, distributor, wholesaler, retailer or
secondhand dealer shall sell, lease, offer for sale, or offer for lease
in this state any such streaming device, pursuant to this act.
3. (a) On or after the effective date of this section, no operator of a
motorized vehicle may utilize any streaming device, as defined by para-
graph a of subdivision one of this act.
(b) The director of the department of motor vehicles shall promulgate
rules and regulations to carry out the provisions of this subdivision,
with respect to the ban on the streaming devices laid forth under this
act.
4. Penalties. Whenever there shall be a violation of subdivision two of
this section an application may be made by the attorney general in the
name of the people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section, an injunction may be issued by the court or
justice, enjoining and restraining any further violations, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of subdivision two of this section has occurred, the court may
impose a civil penalty of not more than five hundred dollars for each
violation. Each sale of a streaming device in violation of this section
shall constitute a separate violation. In connection with any such
proposed application, the attorney general is authorized to take proof
and make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.
5. If any provision of this section or the application thereof to any
person or circumstance is held unconstitutional, such invalidity shall
not affect other provisions or applications of this section which can be
given effect without the invalid provision or application, and to this
end the provisions of this section are severable.
Section 2 amends subdivision 2 of section 1225-d of the Vehicle and
Traffic law by adding new language to part (a), which reads as follows:
"(a) "Portable electronic device" shall mean any hand-held mobile tele-
phone, 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, any device capable of allowing
access to streaming of video on the infotainment screen equipped to the
center console of such vehicle or any screen otherwise in direct view of
the driver of such vehicle while the vehicle is in motion, or any other
electronic device when used to input, write, send, receive, or read text
for present or future communication."
Section 3 establishes that this act shall take effect immediately.
 
JUSTIFICATION:
Distracted driving remains a significant threat to the safety of motor-
ists, passengers, pedestrians, construction/roadway workers, and bicy-
clists throughout New York State. While modern vehicles are equipped
with technology designed to limit the display of video content while a
vehicle is in motion, the availability of devices and technologies that
work around these safety restrictions creates a serious risk of driver
distraction.
This legislation would prohibit the sale of technology or devices
designed to override restrictions on a vehicle's console system that
prevents drivers from accessing streaming services or videos while driv-
ing. These safety restrictions are intended to keep drivers' attention
focused on the roadway.
Allowing drivers to watch movies, television programs, streaming
services, or other video content while operating a vehicle creates a
substantial distraction and can significantly reduce a driver's ability
to observe changing traffic conditions. Even a momentary lapse in atten-
tion can have serious consequences, particularly at highway speeds or in
congested areas.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S10697: 1225-d vehicle and traffic law, 1225-d(2) vehicle and traffic law