Your Phone Behind The Wheel
Veh. & Traf. Law § 1225-d — no hand held phone or device while the vehicle is moving, $50 to $200 the first time
Calls hands free only. No one may drive a moving motor vehicle on a public highway while using a hand held mobile telephone to talk or listen on a call. Holding a phone to or near the ear while the vehicle is moving is presumed to be a call, which evidence can rebut. A hands free phone is allowed.
No texting, browsing or games. No one may drive a moving motor vehicle while holding a portable electronic device to view, take or send images, play games, or compose, send, read, browse or retrieve email, texts, messages or web pages. Holding a device in a conspicuous manner is presumed to be using it, which evidence can rebut.
Neither rule applies to a call or message made only to report an emergency to an emergency operator, a hospital, a doctor's office or clinic, an ambulance, a fire department or the police, or to police officers, firefighters and emergency vehicle drivers on duty. Neither section authorizes seizing the phone or device.
| Violations within 18 months | Fine |
|---|---|
| Violations within 18 monthsFirst | Fine$50 to $200 |
| Violations within 18 monthsSecond | Fine$50 to $250 |
| Violations within 18 monthsThird or more | Fine$50 to $450 |
A commercial vehicle driver is barred even while stopped in traffic or at a light, but not while stopped lawfully at the side of or off the highway.
Sources for this section (2)
- Veh. & Traf. Law § 1225-c — Use of mobile telephones
- Veh. & Traf. Law § 1225-d — Use of portable electronic devices
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.