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F I S C A L I M P A C T R E P O R T

SPONSOR SPAC

DATE TYPED 2/18/05

HB

SHORT TITLE Prohibit Television Viewing By Drivers

SB 86/SPACS

ANALYST Rosen

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Taxation and Revenue Department (TRD)

Attorney General’s Office (AGO)

No Responses Received From

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Public Affairs Committee substitute for Senate Bill 86 enacts a new section of the Motor

Vehicle Code prohibiting operation of motor vehicles while text or images are projected on a de-

vice that is visible to the driver. The bill also repeals Section 66-7-358 NMSA 1978, Restric-

tions on Use of Televisions in Motor Vehicles.

Significant Issues

This bill makes exceptions for vehicle information systems, navigation or global positioning dis-

plays, mapping displays, visual displays used to monitor areas immediately to the rear or sides of

a motor vehicle for purposes of maneuvering the vehicle, any self-contained motor home in ex-

cess of 21 feet in length, or equipment used exclusively for safety, traffic engineering studies or

in police, sheriff or emergency vehicles.

Senate Bill 86/SPACS -- Page 2

ADMINISTRATIVE IMPACT

TRD indicates the bill will impose minor administrative impacts related to reprogramming the

driver system to address penalties associated with violations of the statute.

TECHNICAL ISSUES

TRD reports the bill will add some redundancy to the Motor Vehicle Code because these driving

behaviors are already addressed by careless and reckless driving statutes. Section 66-8-113

(reckless driving) for example provides that: "Any person who drives any vehicle carelessly and

heedlessly in willful or wanton disregard of the rights or safety of others and without due caution

and circumspection at a speed or in a manner so as to endanger or be likely to endanger any per-

son or property is guilty of reckless driving". Section 66-8-14 (careless driving) states that: "Any

person operating a vehicle on the highway shall give his full time and entire attention to the op-

eration of the vehicle".

According to AGO, language in subsection A “visible to the person operating” seems to conflict

with “Front seat television and video monitors” in that it is not clear if the prohibition is only

against such devices in the front seat or all of those that may be “visible to the operator” and as

such may invite challenges for vagueness.

AGO indicates Subsection C, in exempting recreational vehicles, may invite challenges based on

vagueness and equal protection in that it is unclear what would constitute a “recreational vehicle”

and whether or not they are operated in the same manner as a motor vehicle. Additionally, in

Subsection C the language exempting “a vehicle owned or operated by an electric, gas or tele-

phone utility” certainly may be challenged based on equal protection in that an employee who

drives a “company” car for a “utility” would be exempt.

JR/lg