2010 New York Code
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 33 - (1210 - 1229-D) 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 holding  a  mobile  telephone  to,  or  in  the
  immediate proximity of, the user's ear.
    (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.
    (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.
    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.
    (b) An operator of a 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.  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.
    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 more than one
  hundred dollars.

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