We are not aware of any law prohibiting a driver from using a two-way radio while operating a vehicle in New York. New York has had a law prohibiting the use of a mobile phone without a hands free device. This cell phone law has been in effect since December 1, 2001. It could extend to radio communications, but the specifics of the law would need legal advice.

The NYS Vehicle and Traffic (VAT) Law Section 1225c states though that a "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access such service. "Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. S 20.3.

So you would need to make sure that your two way radio did not fall under the definition of a mobile telephone. To seek clarification on the mobile telephone New York VAT law contact the New York State Department of Motor Vehicles.