N.Y. Vehicle & Traffic Law Section 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 § 1225-C (Use of mobile telephones)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 Transportation Law § 2 (Definitions)section two of the transportation law.

(d)

“Motor carrier” shall have the same meaning as such term is defined by subdivision seventeen of Transportation Law § 2 (Definitions)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 § 101 (Authorized emergency vehicle)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.

Source: Section 1225-D — Use of portable electronic devices, https://www.­nysenate.­gov/legislation/laws/VAT/1225-D (updated Oct. 9, 2015; accessed Apr. 20, 2024).

1210
Unattended motor vehicle
1211
Limitations on backing
1212
Reckless driving
1213
Obstruction to driver’s view or driving mechanism
1214
Opening and closing vehicle doors
1215
Driving on mountain highways
1216
Coasting prohibited
1217
Following emergency fire vehicles prohibited
1218
Crossing fire hose
1219
Putting glass or other injurious substances on highway prohibited
1220
Throwing refuse on highways and adjacent lands prohibited
1220‑A
Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more
1220‑B
Unlawful solicitation of ground transportation services at an airport
1220‑C
Work permits for work on state highways
1221
Driving through safety zone prohibited
1222
Persons riding on trucks
1223
Lights on vehicles used for transportation of passengers
1223‑A
School buses
1224
Abandoned vehicles
1225
Avoiding intersection or traffic-control device
1225‑A
Driving on sidewalks
1225‑B
Retail sale of frozen desserts by motor vehicle
1225‑C
Use of mobile telephones
1225‑D
Use of portable electronic devices
1226
Control of steering mechanism
1227
Consumption or possession of alcoholic beverages in certain motor vehicles
1228
Riding in house coach trailers
1229
Sign required on privately-owned vehicle used in delivery of mail
1229‑A
Pedestrians, animals, and non-motorized vehicles prohibited on state expressway highways or state interstate route highways including the...
1229‑B
Operation of school, camp and charter omnibuses with passengers standing prohibited
1229‑C
Operation of vehicles with safety seats and safety belts
1229‑D
School bus attendant

Accessed:
Apr. 20, 2024

Last modified:
Oct. 9, 2015

§ 1225-D’s source at nysenate​.gov

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