2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 33 - Miscellaneous Rules › 1225-C - Use of Mobile Telephones.

§  1225-c.  Use of mobile telephones. 1. For purposes of this section,
the following terms shall mean:
(a) "Mobile telephone" shall mean the device used by  subscribers  and
other users of wireless telephone service to access such service.
(b)  "Wireless  telephone  service" shall mean two-way real time voice
telecommunications service that is interconnected to a  public  switched
telephone  network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. § 20.3.
(c) "Using" shall mean (i) holding a mobile telephone to,  or  in  the
immediate  proximity  of,  the  user's  ear;  and (ii) with respect to a
person operating a commercial motor vehicle, holding a mobile  telephone
to,  or  in  the  immediate  proximity of, the user's ear, or dialing or
answering a mobile telephone by pressing more than a single  button,  or
reaching for a mobile telephone in a manner that requires such person to
maneuver  so  that  he or she is no longer in a seated driving position,
restrained by a seat belt that is installed in accordance  with  section
393.93  of  title  49 of the code of federal regulations and adjusted in
accordance with the vehicle manufacturer's instructions.
(d) "Hand-held mobile telephone" shall mean a  mobile  telephone  with
which a user engages in a call using at least one hand.
(e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature  or  function,  or  that  is  equipped  with  an
attachment  or  addition, whether or not permanently part of such mobile
telephone, by which a user engages in a call without the use  of  either
hand,  whether  or  not the use of either hand is necessary to activate,
deactivate or initiate a function of such telephone. Provided,  however,
that  for  purposes of this section, a mobile telephone used by a person
operating a commercial motor vehicle shall not be deemed  a  "hands-free
mobile  telephone"  when  such  person  dials  or  answers  such  mobile
telephone by pressing more than a single button.
(f) "Engage in a call" shall mean  talking  into  or  listening  on  a
hand-held  mobile  telephone,  but  shall  not  include holding a mobile
telephone to  activate,  deactivate  or  initiate  a  function  of  such
telephone.
(g)  "Immediate  proximity"  shall  mean  that distance as permits the
operator of a mobile telephone to  hear  telecommunications  transmitted
over  such mobile telephone, but shall not require physical contact with
such operator's ear.
(h) "Commercial motor vehicle" shall have the  same  meaning  as  such
term   is   defined   by  subdivision  four-a  of  section  two  of  the
transportation law.
(i) "Motor carrier" shall have  the  same  meaning  as  such  term  is
defined  by  subdivision  seventeen of section two of the transportation
law.
2. (a) Except as otherwise provided in this section, no  person  shall
operate  a  motor  vehicle  upon  a  public highway while using a mobile
telephone to engage in a call while such vehicle is in motion; provided,
however, that no person shall operate a commercial motor  vehicle  while
using  a  mobile  telephone  to  engage  in  a  call on a public highway
including while temporarily stationary because  of  traffic,  a  traffic
control  device,  or  other momentary delays. Provided further, however,
that a person shall not be deemed to be  operating  a  commercial  motor
vehicle  while  using a mobile telephone to engage in a call on a public
highway 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.
(b)  An operator of any motor vehicle who holds a mobile telephone to,
or in the immediate proximity of, his or her ear while such  vehicle  is
in  motion  is  presumed  to be engaging in a call within the meaning of
this section; provided, however, that an operator of a commercial  motor
vehicle  who  holds a mobile telephone to, or in the immediate proximity
of, his or her ear while such vehicle is temporarily stationary  because
of  traffic, a traffic control device, or other momentary delays is also
presumed to be engaging in a call within the  meaning  of  this  section
except  that a person operating a commercial motor vehicle while using a
mobile telephone to engage in a call 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  engaging  in  a  call  within  the  meaning  of  this  section.  The
presumption established by this subdivision is  rebuttable  by  evidence
tending to show that the operator was not engaged in a call.
(c)  The  provisions  of  this  section  shall  not  be  construed  as
authorizing the seizure or forfeiture  of  a  mobile  telephone,  unless
otherwise provided by law.
(d)  No  motor  carrier  shall  allow  or require its drivers to use a
hand-held mobile telephone while operating a commercial motor vehicle as
provided in this section.
3. Subdivision two of this section shall not apply to (a) the use of a
mobile telephone for the sole purpose of communicating with any  of  the
following  regarding  an  emergency  situation:  an  emergency  response
operator; a hospital, physician's office or health clinic; an  ambulance
company  or  corps;  a fire department, district or company; or a police
department, (b) any of the following persons while in the performance of
their official duties: a police officer or peace officer; a member of  a
fire  department,  district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter,
or (c) the use of a hands-free mobile telephone.
4. A violation of subdivision two of this section shall be  a  traffic
infraction  and  shall  be  punishable  by a fine of not less than fifty
dollars nor more than two hundred dollars upon  conviction  of  a  first
violation;  upon  conviction  of  a second violation, both of which were
committed within a period of eighteen months, such  violation  shall  be
punished  by  a  fine  of  not less than fifty dollars nor more than two
hundred  fifty  dollars;  upon  conviction  of  a  third  or  subsequent
violation,  all  of  which  were  committed  within a period of eighteen
months, such violation shall be punished by a  fine  of  not  less  than
fifty dollars nor more than four hundred fifty dollars.