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Phone & Hands-Free Law No. NY Hand-held ban — all drivers

New York Truck Driver Phone Law

The federal hand-held ban already binds you in New York — no holding, dialing past one button, or reaching, even at a red light (49 CFR 392.82). New York layers a hand-held and texting ban on every driver, enforced as a primary offense (VTL §1225-c, §1225-d). A first ticket runs $50 to $200 plus a ~$93 surcharge and adds 5 license points (set to rise to 6 under New York's 2026 DMV point overhaul), climbing to $450 for a third inside 18 months.

State rule (all drivers)Hand-held ban — all drivers
First-offense fine$50 to $200 for a first offense, $50 to $250 for a second within 18 months, $50 to $450 for a third, plus a mandatory ~$93 surcharge on each
License points5 license points for a §1225-c or §1225-d conviction, and New York's 2026 DMV point overhaul is set to raise cell-phone and texting convictions to 6
StatuteN.Y. Veh. & Traf. Law §1225-c (hand-held phones); §1225-d (portable electronic devices/texting)
01 The federal floor

The federal ban applies here first

Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).

02 What New York adds

New York’s rule for all drivers

The federal hand-held ban already binds you in New York — no holding, dialing past one button, or reaching, even at a red light (49 CFR 392.82). New York layers a hand-held and texting ban on every driver, enforced as a primary offense (VTL §1225-c, §1225-d). A first ticket runs $50 to $200 plus a ~$93 surcharge and adds 5 license points (set to rise to 6 under New York's 2026 DMV point overhaul), climbing to $450 for a third inside 18 months.

New York Truck Phone Law FAQ

Can truck drivers use a phone in New York?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in New York. New York also bans hand-held use for all drivers (N.Y. Veh. & Traf. Law §1225-c (hand-held phones); §1225-d (portable electronic devices/texting)).
What is the phone fine in New York?
$50 to $200 for a first offense, $50 to $250 for a second within 18 months, $50 to $450 for a third, plus a mandatory ~$93 surcharge on each. Primary enforcement — an officer can stop you for phone use alone.
Is texting while driving illegal in New York?
New York bans texting and all portable-device use for every driver (§1225-d), enforced as a primary offense — an officer can stop you for it alone.

Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://www.nysenate.gov/legislation/laws/VAT/1225-C. See our Terms & Disclaimer.

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