Using a mobile phone while driving in New York (2026)

Last reviewed: 9 October 2026

In short: Using a hand-held phone or a portable electronic device while driving is banned, including holding it to text, email or browse; hands-free use is allowed. Fines start at USD 50 (range USD 50 to 200 for a first offence) and a conviction carries 5 points.

RuleWhat applies
Holding a phone while driving bannedUsing a mobile phone while driving a carYes [1]
Hands-free useUsing a mobile phone while driving a carAllowed [1]
Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car$50.00 per offence [1]
Penalty points on the licenceUsing a mobile phone while driving a car5 points [2]
Texting while drivingUsing a mobile phone while driving a carUsing a portable electronic device while the vehicle is moving is banned. 'Using' means holding the device while composing, sending, reading or viewing texts, email or other data, browsing the web, playing games or taking or viewing images; holding it conspicuously is presumed to be use. [3]

Notes

  • Section 1225-c bans engaging in a call on a hand-held mobile telephone while the vehicle is in motion. Section 1225-d bans using a portable electronic device, meaning holding it while composing, reading or viewing. Holding a device in a conspicuous manner is presumed to be use. Text read from Internet Archive snapshots.
  • Use of a hands-free mobile telephone is excepted from the call ban.
  • This is the lowest amount: USD 50 to USD 200 for a first violation. Within 18 months, a second violation is USD 50 to USD 250 and a third or later USD 50 to USD 450. Surcharges and fees were not read.
  • The Department of Motor Vehicles point table lists use of a mobile telephone or portable electronic device while operating a motor vehicle at 5 points.

Sources

  1. New York State Senate: Vehicle and Traffic Law §1225-C: Use of mobile telephones (Internet Archive snapshot of 13 November 2025) (consulted 9 October 2026) · all sources
  2. New York State Department of Motor Vehicles: The New York State Driver Point System (Internet Archive snapshot of 28 August 2026) (consulted 9 October 2026) · all sources
  3. New York State Senate: Vehicle and Traffic Law §1225-D: Use of portable electronic devices (Internet Archive snapshot of 23 August 2026) (consulted 9 October 2026) · all sources

New York and neighbouring states

StateHolding a phone while driving bannedHands-free useFine, first offence (lowest amount where a range applies)Penalty points on the licence
New York
Banned
Hands-free allowed
From USD 50 (range USD 50-200)
5 points
Connecticut
Banned
Hands-free allowed
USD 200
⚠ Not yet verified
Massachusetts
Banned
Hands-free allowed
USD 100
⚠ Not yet verified
New Jersey
Banned (primary offence)
Allowed
USD 200 to 400
None (3 from third offence)
Pennsylvania
Banned (holding)
Hands-free; one-button only
USD 50
⚠ Not yet verified
Rhode Island
Banned
Allowed
USD 100
⚠ Not yet verified
Vermont
Banned
Allowed
USD 100 to 200
2 points

More rules in New York

  • CannabisPossession for personal use: Legal for adults 21+, within limits
  • Car speed limitsBuilt-up areas: 55 mph unless posted lower · Outside built-up areas (single carriageway): 55 mph
  • Minimum age for a car driving licenceMinimum age for a car licence: 16 (junior licence; not valid in NYC) · Earliest age to drive a car supervised: 16 (learner permit)
  • E-bikes and speed pedelecsLegal class: Class 1, 2, 3 (bicycle) · Minimum age: 16 years
  • FireworksConsumers may buy and use category F2 fireworks: No (sparklers/ground devices only) · Minimum age to buy: 18 (sparkling devices)
  • Knives and pepper sprayFolding pocket knives: Not listed; offence only with unlawful intent · Locking or one-handed knives: Switchblades banned; gravity knives not listed
  • Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $17.00 per hour (NYC, Long Island, Westchester)
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes, driver and front passengers · Seat belt compulsory in rear seats: Yes, back-seat passengers
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 21 (sales banned) · Minimum age to buy spirits: 21 (sales banned)
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% under 21

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.