In New York State
, both texting and driving and the handheld use of a cell phone are banned and considered primary offenses. Texting and driving carries significant penalties under the state’s distracted driving
law—drivers can face fines of up to $450, have 5 driver violation points added to their driving record, and possibly have their license or driver’s permit suspended or revoked. 
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Start earning nowWhat are the texting and driving laws in New York State?
In New York State, texting and driving, as well as using a handheld cell phone while driving, are considered primary offenses—this means that if a police officer sees you doing either while operating a vehicle, they can pull you over and ticket you for doing so.
New York’s law states that all drivers must use their phone’s hands-free function while driving if they need to use their phone at all. Texting and playing any games on a smartphone while driving are prohibited. Also, the viewing of, taking, or sending pictures on a smartphone is banned while behind the wheel, and TV screens of any kind are not permitted within the driver’s view.
In New York City, taxicab drivers are prohibited from using a handheld cell phone in any way, including the use of a phone’s hands-free function.
New York State drivers are allowed to send text messages when stopped at a red light.
What are the penalties for texting and driving in New York State?
A conviction for texting and driving in the State of New York carries stiff penalties, as outlined below:
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2nd offense within 8 months | | | |
3rd offense within 18 months | | | |
If you receive 11 driver violation points within an 18 month period, your driver’s license may be suspended.
For drivers with learner’s permits and intermediate licenses, the penalties are as follows:
2nd offense within 6 months: Revocation of permit or license for 1 year
Are there exceptions to New York State’s texting and driving law?
Yes. The following exceptions are allowed under New York State’s distracted driving law when it comes to cell phone use:
Electronic devices built into a vehicle can be used
GPS, MP3, or mobile phones can be used in hands-free mode only
Drivers can use their handheld devices to call 911 in an emergency
Authorized first responders are allowed to use portable electronic devices while executing their official duties
Are there special rules about texting and driving for young drivers?
No. In New York State, there are no other specific rules pertaining to young drivers. However, drivers with learner’s permits or intermediate licenses can face license/permit suspension or revocation if cited for distracted driving.
Can texting and driving raise my insurance premium?
Yes. If you are convicted of texting and driving, or any other distracted driving charge, your car insurance
premium will rise by about 12%, or $204. Of course, the best way to keep your insurance premium at a reasonable rate is to make sure you do not touch your phone while driving, so as to ensure your full attention is on the road. Being distracted by a cell phone while driving can be extremely dangerous—accidents, serious injuries, or even death can occur if you aren’t focused on driving safely.
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