Can you use a hand-held cell phone while driving in New York?
In New York, when may a driver talk on a mobile phone while the car is moving?
The answer
A driver may use a hands-free phone, or use a phone only to report an emergency. Talking on a hand-held phone while driving is a traffic infraction.
Section 1225-c of the Vehicle and Traffic Law prohibits using a mobile phone to talk or listen on a public highway while the vehicle is moving, and presumes that a driver holding a phone to the ear is making a call (a presumption the driver can rebut). The prohibition does not apply to hands-free use.
Section 1225-d separately bars driving while using a portable electronic device, which includes phones used for texting, email, games, web browsing, and similar tasks. "Using" is defined as holding the device while doing those things.
Exceptions
- Calls made solely to report an emergency to an emergency response operator, hospital, physician's office, health clinic, ambulance service, fire department, or police department.
- Police and peace officers, fire department members, and authorized emergency vehicle operators acting in an official capacity.
Penalty
Section 1225-c, as read on the Senate site (revision 2015-10-09), sets a fine of $50 to $200 for a first conviction, $50 to $250 for a second within 18 months, and $50 to $450 for a third or later within 18 months. Check the current statute text for any later change. Texting under section 1225-d is a separate offense; its fines were not re-read for this page.
Why this rule matters for safety
Holding a phone takes a hand off the wheel and the eyes off the road. Banning it reduces the time a driver is looking at a screen instead of traffic.
Official sources
- NY Vehicle and Traffic Law section 1225-c · New York State SenateHand-held phone ban, hands-free allowance, exceptions, and fines. Page shows most recent revision 2015-10-09.
- NY Vehicle and Traffic Law section 1225-d · New York State SenatePortable electronic device ban, definition of using, and exceptions. Page shows revision 2015-10-09.
Rules checked against these sources on . Laws change. Confirm with the New York agency before you rely on this for a legal matter.
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