N.Y. Vehicle & Traffic Law § 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.