Paul Dreher Director of Personal Insurance View Bio

You see people doing it every day. Glancing down at their phone while at a stop sign, or worse, while on the road. In New York State, the law says that you cannot use a hand-held mobile phone, send a text or an email while driving. 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), or use a smartphone to text or send email, you can receive a traffic ticket and be subject to a fine and a surcharge.

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Not to mention that New York just upped the ante on texting while driving violations, and it will hit your wallet harder starting November 1st, 2014.

Texting or cell phone violations will also result in points being added to your DMV driving record. If you receive 11 points in an 18 month period, your driver license may be suspended. To learn more, see About the NYS Driver Point System.

Fines
In the past, fines for violations until October 31, 2014 started at $50 for a first violation and could be as high as $400, along with a surcharge for all violations that could be up to $93.

Now, a first offense minimum cost is $50 and the maximum fine is $200. A third or subsequent offense within 18 months could reach $450, with surcharges.

Driver Violation Points
Driver violation points have now increased to five points on a license. First conviction of a cell phone use or texting violation for probationary and junior drivers with a Class DJ or MJ driver license or learner permit will now result in a suspension of the driver license or permit for 120 days. A second conviction within six months of the restoration of the license or permit (after the 120 day suspension is terminated) will result in a revocation of at least one year of a probationary license, or a revocation of at least one year for a Class DJ or MJ driver license or learner permit.

Restrictions for Motor Carriers and Commercial Vehicle Drivers (Effective October 28, 2013)

  • A motor carrier must not allow or require their drivers to use cell phones or texting devices while driving
  • A mobile telephone used by a person who operates a commercial motor vehicle shall not be deemed a “hands-free mobile telephone” when the driver presses more than a single button to dial or answer the phone
  • A commercial vehicle driver is not allowed to make a phone call or use a texting device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays
  • A commercial vehicle driver who holds a mobile telephone to, or in the immediate proximity of, his or her ear while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is also presumed to be engaged in a call
  • A commercial vehicle driver who holds a portable electronic device in a conspicuous manner while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is presumed to be using the device

For more information, see the Distracted Driving page at the Governor’s Traffic Safety Committee here.

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