N.Y. Vehicle & Traffic Law § 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;

provided, however, that no person shall operate a commercial motor

vehicle while using any portable electronic device 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 portable electronic device 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.

1-a. No motor carrier shall allow or require its drivers to use a

portable electronic device while operating a commercial motor vehicle as

provided in this section.

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, or any other electronic

device when used to input, write, send, receive, or read text for

present or future communication.

(b) "Using" shall mean holding a portable electronic device while

viewing, taking or transmitting images, playing games, or, for the

purpose of present or future communication: performing a command or

request to access a world wide web page, composing, sending, reading,

viewing, accessing, browsing, transmitting, saving or retrieving e-mail,

text messages, instant messages, or other electronic data.

(c) "Commercial motor vehicle" shall have the same meaning as such

term is defined by subdivision four-a of section two of the

transportation law.

(d) "Motor carrier" shall have the same meaning as such term is

defined by subdivision seventeen of section two of the transportation

law.

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 or while operating a commercial

motor vehicle on a public highway including while temporarily stationary

because of traffic, a traffic control device, or other momentary delays

but not including when such commercial motor 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 is presumed to be using

such device, except that a person operating a commercial motor vehicle

while using a portable electronic device 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 using such device. The presumption established by this subdivision

is rebuttable by evidence tending to show 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 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.