2013 New York Consolidated Laws
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 (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 one hundred fifty 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 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 dollars.