The New York Vehicle and Traffic Law (VTL) imposes monetary penalties and driver violation points for using a cell phone to talk or text while driving. More information is available here.
The two relevant statutes are VTL § 1225-c and VTL § 1225-d.
Using a Mobile Telephone to Engage in a Call
VTL § 1225-c(2)(a) provides: “[N]o 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.” (Emphasis added.)
For non-commercial operators, the statute defines “using” as “holding a mobile telephone to, or in the immediate proximity of, the user’s ear”, and “[e]ngage in a call” as “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.”
A driver 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.” This presumption is “rebuttable by evidence tending to show that the operator was not engaged in a call.”
The statute contains exceptions for, e.g., the use of a mobile phone for emergency purposes; certain emergency personnel; and “the use of a hands-free” mobile phone.
Using a Portable Electronic Device
Another statute, VTL § 1225-d, provides: “[N]o person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.” (Emphasis added.)
This statute defines “using” as “holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.”
It defines “portable electronic device” as “any hand-held mobile telephone, as defined by [VTL § 1225-c], 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.”
Section 1225-d also contains a “presumption of use” section:
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.
This statute likewise does not apply when, e.g., the device is solely being used to contact emergency services.