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QuestionInsurance Question  Is there a new cell phone law in New York state? Thank you.

AnswerAuto Insurance Answer

There is a cell phone law in New York State however it is not new. The cell phone law was signed into law in June 2001. For 30 days beginning November 1, 2001 violators were warned about the law then as of December 1, 2001 driver may be ticketed for driving while speaking on a hand held mobile phone.

The exact law is noted in NYS Vehicle and Traffic Law section 1225c where it states that use of a hand held cellular telephone to engage in a call while driving is prohibited in New York State.

There are exceptions to the law which include:

  • When the driver uses a hands free mobile phone, which allows the user to communicate without the use of either hand.
  • When the purpose of the phone call is to communicate an emergency to a police or fire department, a hospital or physician’s office, or an ambulance.
  • When operating an authorized emergency vehicle in the performance of official duties.

The penalty, as of December 2001, for violators of this law is that they may be issued a ticket infraction, resulting in a fine of up to $100.

So it has been several years since NYS has passed a law that does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges of $50.

According to the NYS DMV, this violation is not a probationary license violation, and the DMV does not assign any driver violation points.

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