SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 86

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO MOTOR VEHICLE SAFETY; PROHIBITING THE VIEWING OF TELEVISION OR OTHER VIDEO MONITORS BY DRIVERS OF MOTOR VEHICLES; ENACTING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] FRONT SEAT TELEVISIONS AND VIDEO MONITORS PROHIBITED.--

          A. Except as provided in Subsection B of this section, it is unlawful to operate a motor vehicle in this state while text or images are projected on a video receiver, viewer, screen, monitor or source of television or video signal, broadcast or recorded entertainment or business application if those images are visible to the person operating the motor vehicle, whether such device is permanently or temporarily installed.

          B. This section does not apply to the following equipment:

                (1) a vehicle information display;

                (2) a navigation or global positioning display;

                (3) a mapping display;

                (4) a visual display used to monitor the area immediately to the rear or sides of a motor vehicle for the purpose of maneuvering the vehicle; or

                (5) a television or other video receiver, viewer, screen, monitor or source of television or video signal, broadcast or recorded entertainment or business application if that equipment has a device that, when the motor vehicle is being driven, disables the equipment for all uses except as a visual display as described in Paragraphs (1) through (4) of this subsection.

          C. This section does not apply to a recreational vehicle, to an authorized emergency vehicle or motor vehicle that provides emergency or roadside assistance or to a vehicle owned or operated by an electric, gas or telephone utility.

          E. This section does not prohibit the use of television-type receiving equipment used exclusively for safety or traffic engineering studies or in police, sheriff or emergency vehicles."

     Section 2. REPEAL.--Section 66-7-358 NMSA 1978 (being Laws 1978, Chapter 35, Section 462, as amended by Laws 1989, Chapter 318, Section 31 and also by Laws 1989, Chapter 321, Section 1) is repealed.

- 3 -