Is It Legal to Talk on the Phone While Driving in New York? - Maurer Law Firm PLLC (2024)

FAQs

Is It Legal to Talk on the Phone While Driving in New York? - Maurer Law Firm PLLC? ›

Answer. In New York, talking on a cell phone while driving is only legal using hands-free technology. New York law reflects safety concerns and aims to prevent distracted driving.

How Much is a Cell Phone Ticket in NY? The first cell phone ticket or texting and driving ticket can run between $50 and $150. A second offense within 18 months can increase to $50-$200, and a third offense within that time can go up to $400.

How Many Points is a Cell Phone Ticket in NY? In New York, cell phone tickets will result in 5-points being added to your driving record. If you get 11 points within an 18-month period, your license will be suspended. In addition to the points, you will also have to pay a fine of $50-$200 for the first offense.

It is illegal to hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving. This applies even if you're stopped in traffic. The phone does not need to be turned on or in use for it to be an offence.

VTL 1225(d) bars the use of portable electronic devices while driving; this law directly applies to texting while driving but also implies the use of GPS systems, email, and other applications on mobile devices. Violation of these two laws can result in tough fines.

Distracted Driving and Cellphone Usage Laws in New York

As mentioned above, it is illegal for New York drivers to use any handheld cell phone or other portable electronic device used for computing or communication while their vehicle is driving. This is based on Vehicle & Traffic Law 1225 (c) and VTL 1225(d).

It is also important to note that commercial drivers are not permitted to use their hand-held phone or mobile device even when stopped. Outside of New York City, cell phone tickets can usually be successfully plea-bargained. However, in New York City, the Traffic Violations Bureau (TVB) does not permit plea-bargaining.

Hand-held cellphone use ban: 27 states, D.C., Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands prohibit all drivers from using hand-held cellphones while driving. Ohio prohibits hand-held cell phone or electronic device use while driving.

It is perfectly acceptable for passengers to use their mobile phone in the car, as long as they do not pass it to the driver or require the driver to touch the phone at any point. Passengers supervising learner drivers, however, cannot use a mobile phone while the car is running.

You're not allowed to make video calls, including using FaceTime, while you're driving in states where handheld devices are banned. However, if these devices aren't banned in your state, you can make video calls, though you should mount your phone so your hands stay free while you're talking.

Can you get a ticket for eating while driving in NY? ›

While there is no law on the books in New York that allows the police to write a ticket to someone for eating while driving, they can write a ticket for distracted driving. The New York State DMV uses a National Highway Traffic Safety Administration study to break down what is defined as distracted driving.

The most common infractions are speeding and making an unsafe left or U-turn. There are some offenses that can be charged as an infraction or a misdemeanor, like disturbing the peace, P.C. § 415 and exhibition of speed, V.C.

(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 ...

A cell phone or texting violation will stay on one's driving record until January 1 of the fourth year following the date of conviction. The five points associated with the ticket will count towards one's point total for 18 months from the date of the violation.

If you are convicted of a mobile phone driving offence, you face six penalty points on your licence and a fine.

A failure to signal ticket in New York can result in a $150 fine, $88 or $93 surcharge and 2 points for a first offense. If a driver has a second offense within 18 months the fine jumps to $300, $93 surcharge and another 2 points.