Is texting while driving illegal in New York?

What the Law Says

New York law strictly prohibits drivers from using portable electronic devices—including texting, emailing, or browsing—for any purpose while operating a motor vehicle.

Vehicle and Traffic Law § 1225-d makes it unlawful for any person to operate a motor vehicle on a public highway while using a portable electronic device. This includes talking, texting, emailing, instant messaging, accessing the internet, or viewing or taking photos or videos.

The law defines 'using' as holding the device in your hand or in your lap, or pressing more than one button to initiate or terminate a function — unless the device is mounted and used in hands-free mode.

There are narrow exceptions: drivers may use a device to contact emergency services (e.g., 911), and commercial drivers may use certain fleet communication devices under specific conditions. But no exception permits texting while moving.

Statutory Text

No person shall operate a motor vehicle upon a public highway while using a portable electronic device.

— Vehicle and Traffic Law § 1225-d(1) — Use of portable electronic device while operating a motor vehicle

Statutory Text

'Using' means holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving email, text messages, instant messages, files, music or other electronic data.

— Vehicle and Traffic Law § 1225-d(2)(a) — Definition of 'using'

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