N.Y. Comp. Codes R. & Regs. tit. 21 § 1152.26

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1152.26 - Use of mobile telephones and wireless telecommunication devices

(a) For purposes of this section, the following terms shall mean:

(1) Mobile telephone shall mean the device used by subscribers and other users of wireless telephone service to access such service.

(2) Using shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear.

(3) Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one hand.

(4) Hands-free mobile telephone shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

(5) Engage in a call shall mean talking into or listening on a hand-held telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.

(6) Immediate proximity shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.

(7) Wireless telecommunication device means a mobile telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input.

(8) Write, send or read a text-based communication means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.

(b) Except as otherwise provided in this section, no person shall operate a vehicle upon a terminal highway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear, while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. Except as otherwise provided in this section, no person shall operate any vehicle upon any terminal highway while using a wireless telecommunications device to write, send or read a text-based communication.

(c) Subdivision (b) of this section shall not apply to:

(1) the use of a mobile telephone or wireless telecommunications device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;

(2) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle; or

(3) the use of a hands-free mobile telephone.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1152.26