Cell Phone Use and Texting

Under New York State law, strict restrictions exist for drivers regarding the use of mobile phones and portable electronic devices to ensure road safety and reduce distracted driving incidents. Here’s a summary of these restrictions and their implications:

General Driver Restrictions

Drivers cannot use handheld mobile phones or portable electronic devices while operating a vehicle. Illegal actions include:

• Talking on a handheld mobile telephone.

• Composing, sending, reading, accessing, or browsing emails, text messages, or webpages.

• Viewing, taking, or transmitting images.

• Playing games.

Exceptions: Using a device to call 911 or contact emergency services (medical, fire, or police) is permitted.

Penalties for Violations:

1. Fines (excluding surcharges, which can be up to $93):

   • First offense: $50 - $200.

   • Second offense within 18 months: $50 - $250.

   • Third or subsequent offense within 18 months: $50 - $450.

2. Points on DMV Driving Record:

   • Convictions result in 5 points. Accumulating 11 points in 18 months can lead to license suspension.

3. Junior Drivers (Class DJ or MJ licenses):

   • First conviction: 120-day suspension.

   • Second conviction within six months after reinstatement: At least a 1-year license revocation.

Commercial Vehicle Drivers and Motor Carriers

Commercial motor vehicle (CMV) drivers face stricter regulations:

• Drivers cannot use cell phones or texting devices, even when temporarily stationary due to traffic, a traffic control device, or momentary delays.

• Pressing more than a single button to dial or answer a call disqualifies the phone from being considered "hands-free."

• Holding a mobile phone to or near the ear, or holding a portable electronic device conspicuously, is presumed to indicate usage.

Motor Carrier Responsibility: Motor carriers must not allow or require drivers to use handheld devices while driving.

Additional Notes

• Texting Zones: Drivers are encouraged to use designated “Texting Zones” along New York State Thruways and highways to safely access their devices.

• Educational Resources: More details and tips on distracted driving are available through the Governor's Traffic Safety Committee website.

Adhering to these laws not only avoids fines and penalties but also contributes to safer roads for everyone.