§ 1225-C — Use of mobile telephones

§ 1225-c. Use of mobile telephones. 1. For purposes of this section,\nthe following terms shall mean:\n (a) "Mobile telephone" shall mean the device used by subscribers and\nother users of wireless telephone service to access such service.\n (b) "Wireless telephone service" shall mean two-way real time voice\ntelecommunications service that is interconnected to a public switched\ntelephone network and is provided by a commercial mobile radio service,\nas such term is defined by 47 C.F.R. § 20.3.\n (c) "Using" shall mean (i) holding a mobile telephone to, or in the\nimmediate proximity of, the user's ear; and (ii) with respect to a\nperson operating a commercial motor vehicle, holding a mobile telephone\nto, or in the immediate proximity of, the user's ear, or dialing or\nanswering a mobile telephone by pressing more than a single button, or\nreaching for a mobile telephone in a manner that requires such person to\nmaneuver so that he or she is no longer in a seated driving position,\nrestrained by a seat belt that is installed in accordance with section\n393.93 of title 49 of the code of federal regulations and adjusted in\naccordance with the vehicle manufacturer's instructions.\n (d) "Hand-held mobile telephone" shall mean a mobile telephone with\nwhich a user engages in a call using at least one hand.\n (e) "Hands-free mobile telephone" shall mean a mobile telephone that\nhas an internal feature or function, or that is equipped with an\nattachment or addition, whether or not permanently part of such mobile\ntelephone, by which a user engages in a call without the use of either\nhand, whether or not the use of either hand is necessary to activate,\ndeactivate or initiate a function of such telephone. Provided, however,\nthat for purposes of this section, a mobile telephone used by a person\noperating a commercial motor vehicle shall not be deemed a "hands-free\nmobile telephone" when such person dials or answers such mobile\ntelephone by pressing more than a single button.\n (f) "Engage in a call" shall mean talking into or listening on a\nhand-held mobile telephone, but shall not include holding a mobile\ntelephone to activate, deactivate or initiate a function of such\ntelephone.\n (g) "Immediate proximity" shall mean that distance as permits the\noperator of a mobile telephone to hear telecommunications transmitted\nover such mobile telephone, but shall not require physical contact with\nsuch operator's ear.\n (h) "Commercial motor vehicle" shall have the same meaning as such\nterm is defined by subdivision four-a of section two of the\ntransportation law.\n (i) "Motor carrier" shall have the same meaning as such term is\ndefined by subdivision seventeen of section two of the transportation\nlaw.\n 2. (a) Except as otherwise provided in this section, no person shall\noperate a motor vehicle upon a public highway while using a mobile\ntelephone to engage in a call while such vehicle is in motion; provided,\nhowever, that no person shall operate a commercial motor vehicle while\nusing a mobile telephone to engage in a call on a public highway\nincluding while temporarily stationary because of traffic, a traffic\ncontrol device, or other momentary delays. Provided further, however,\nthat a person shall not be deemed to be operating a commercial motor\nvehicle while using a mobile telephone to engage in a call on a public\nhighway when such vehicle is stopped at the side of, or off, a public\nhighway in a location where such vehicle is not otherwise prohibited\nfrom stopping by law, rule, regulation or any lawful order or direction\nof a police officer.\n (b) An operator of any motor vehicle who holds a mobile telephone to,\nor in the immediate proximity of, his or her ear while such vehicle is\nin motion is presumed to be engaging in a call within the meaning of\nthis section; provided, however, that an operator of a commercial motor\nvehicle who holds a mobile telephone to, or in the immediate proximity\nof, his or her ear while such vehicle is temporarily stationary because\nof traffic, a traffic control device, or other momentary delays is also\npresumed to be engaging in a call within the meaning of this section\nexcept that a person operating a commercial motor vehicle while using a\nmobile telephone to engage in a call when such vehicle is stopped at the\nside of, or off, a public highway in a location where such vehicle is\nnot otherwise prohibited from stopping by law, rule, regulation or any\nlawful order or direction of a police officer shall not be presumed to\nbe engaging in a call within the meaning of this section. The\npresumption established by this subdivision is rebuttable by evidence\ntending to show that the operator was not engaged in a call.\n (c) The provisions of this section shall not be construed as\nauthorizing the seizure or forfeiture of a mobile telephone, unless\notherwise provided by law.\n (d) No motor carrier shall allow or require its drivers to use a\nhand-held mobile telephone while operating a commercial motor vehicle as\nprovided in this section.\n 3. Subdivision two of this section shall not apply to (a) the use of a\nmobile telephone for the sole purpose of communicating with any of the\nfollowing regarding an emergency situation: an emergency response\noperator; a hospital, physician's office or health clinic; an ambulance\ncompany or corps; a fire department, district or company; or a police\ndepartment, (b) any of the following persons while in the performance of\ntheir official duties: a police officer or peace officer; a member of a\nfire department, district or company; or the operator of an authorized\nemergency vehicle as defined in section one hundred one of this chapter,\nor (c) the use of a hands-free mobile telephone.\n 4. A violation of subdivision two of this section shall be a traffic\ninfraction and shall be punishable by a fine of not less than fifty\ndollars nor more than two hundred dollars upon conviction of a first\nviolation; upon conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such violation shall be\npunished by a fine of not less than fifty dollars nor more than two\nhundred fifty dollars; upon conviction of a third or subsequent\nviolation, all of which were committed within a period of eighteen\nmonths, such violation shall be punished by a fine of not less than\nfifty dollars nor more than four hundred fifty dollars.\n