What Is the “No Touch” Law in New York?
New York’s No Touch law bans physically handling or touching a hand-held phone or other portable electronic device (PED) while operating a motor vehicle.
What Does New York's "No Touch" Law Prohibit?
Prohibited activities include:
- Holding, tapping, or scrolling on a phone—even when stopped
- Using GPS manually while driving
- Watching videos or reading messages
- Exception: making emergency calls (e.g., to 911)
However, there is an exception for emergency actions, such as placing a 911 call.
When Did the Law Go Into Effect?
In 2001, New York became the first state to prohibit the use of hand-held cell phones while driving. As technology has evolved, the state has enacted additional laws and updates to keep pace.
In 2011, the governor of New York signed a law making texting while driving a primary offense. As a result, the penalty for this violation increased from two to three driver violation points. In 2013, the number of violation points was raised again, from three to five.
Penalties for Violating the Law
Per the New York State Department of Motor Vehicles, drivers can face a $50 to $200 fine for a first offense, along with 5 DMV points. Repeat offenses within 18 months can result in up to $450 in fines. All violations incur a surcharge of up to $93.
Probationary and junior drivers face stricter penalties for distracted driving. A first offense results in a 120-day license suspension, while a second offense within six months leads to a one-year revocation of their permit or license.
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Does This Apply at Red Lights or in Traffic?
Yes. Being stopped at a red light, stop sign, railroad crossing, or in traffic does not make it lawful to handle a device. Only when fully parked off the public roadway or for a true emergency call is it legal to use.
How to Stay Legal Under the No Touch Law
Motorists in New York can take various steps to be responsible drivers, ensuring safer roadways for other drivers, pedestrians, and cyclists. Here are some tips to prevent distracted driving:
- Do not use any hand-held phones or electronic devices while driving.
- Use hands-free systems, like Bluetooth or a voice assistant.
- Mount your phone if you must use GPS.
- Pull over safely and out of public traffic to use your phone.
Why This Law Matters for Road Safety
Distracted driving is a serious threat to the safety of drivers, passengers, and others, including cyclists and pedestrians. In 2023, more than 3,200 fatalities were reported from vehicle crashes involving distracted drivers across the country.
The laws on distracted driving are crucial for promoting safe driving habits and reducing accidents, injuries, and fatalities.
Were You Injured by a Distracted Driver in New York?
If a driver violates the No Touch law and causes a collision, that violation can support a personal injury lawsuit for your injuries and other damages.
The New York car accident lawyers at Lever & Ecker, PLLC will handle the legal process on your behalf—investigating the collision, preserving evidence, and pursuing the compensation you deserve, should trial become necessary.
If a distracted driver injured you or a loved one, do not wait. Contact us today to schedule a free consultation using our online form or by calling one of our New York office locations.
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
