2010 New York Code
VAT - Vehicle & Traffic
Article 33 - (1210 - 1229-D) MISCELLANEOUS RULES
1225-D - Use of portable electronic devices.

§  1225-d.  Use of portable electronic devices. 1. Except as otherwise
  provided in this section, no person shall operate a motor vehicle  while
  using any portable electronic device while such vehicle is in motion.
    2.  For  the  purposes of this section, the following terms shall have
  the following meanings:
    (a) "Portable electronic  device"  shall  mean  any  hand-held  mobile
  telephone,  as  defined  by  subdivision  one  of section twelve hundred
  twenty-five-c  of  this  article,  personal  digital  assistant   (PDA),
  handheld  device  with  mobile  data  access,  laptop  computer,  pager,
  broadband  personal  communication  device,  two-way  messaging  device,
  electronic game, or portable computing device.
    (b)  "Using"  shall  mean  holding  a portable electronic device while
  viewing, taking or transmitting images,  playing  games,  or  composing,
  sending,  reading, viewing, accessing, browsing, transmitting, saving or
  retrieving e-mail, text messages, or other electronic data.
    3. Subdivision one of this section shall not apply to (a) the use of a
  portable electronic device for the sole purpose  of  communicating  with
  any  of  the  following  regarding  an emergency situation: an emergency
  response operator; a hospital; a 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.
    4. A person who holds a portable electronic device  in  a  conspicuous
  manner  while  operating  a  motor  vehicle is presumed to be using such
  device. The presumption established by this subdivision is rebuttable by
  evidence showing that the operator was not using the device  within  the
  meaning of this section.
    5.   The  provisions  of  this  section  shall  not  be  construed  as
  authorizing the seizure or forfeiture of a portable  electronic  device,
  unless otherwise provided by law.
    6. A violation of this section shall be a traffic infraction and shall
  be  punishable  by  a  fine  of not more than one hundred fifty dollars.
  Provided, however, that a summons  for  operating  a  motor  vehicle  in
  violation  of this section shall only be issued when there is reasonable
  cause to believe that  the  person  operating  such  motor  vehicle  has
  committed  a  violation of the laws of this state other than a violation
  of this section.

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