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New York rules on phones, distraction and fatigue

Every second spent looking at a phone is a second the car travels unwatched. That’s why phone rules are strict, and stricter for new drivers.

Checked Oct 11, 2026 · official sources linked

12 rules · 10 written-test points

Key points, in our words

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All the rules, in our words

Tags show the kind of rule and whether it’s a written-test point or matters on the drive test (our tagging). Each rule links to its official source.

  1. A distraction is anything that pulls your attention from driving. Eyes off the road and hands off the wheel are obvious dangers, but letting your mind wander is just as risky.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

  2. Avoid arguments or emotional conversations with passengers, and don’t eat while driving. Make sure children are properly restrained, and keep pets in a carrier or portable kennel.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

  3. Every driver is banned from talking or listening on a hand-held phone while driving, except for emergency calls and for police, fire department staff and emergency-vehicle drivers on duty. A first offense can cost up to $200 and 5 points.

    Law Written test NY Driver’s Manual, ch. 8: Defensive Driving NY Vehicle and Traffic Law §1225-C

  4. You may hold the phone only to start or end a call, calls about an emergency are exempt, and a truly hands-free phone may be used at any time.

    California differs: In California, drivers under 18 may not use a phone while driving, even hands-free, except to call for emergency help, and adults must mount the phone and use only one tap or swipe. New York’s manual allows hands-free calls for every driver. California rule

    Law Written test NY Driver’s Manual, ch. 8: Defensive Driving NY Vehicle and Traffic Law §1225-C

  5. Using a phone or other portable electronic device to send or read texts or e-mails while driving is illegal: up to $200 for a first offense, $250 for a second and $450 for a third within 18 months, plus 5 points.

    Law Written test NY Driver’s Manual, ch. 8: Defensive Driving NY Vehicle and Traffic Law §1225-D

  6. If you hold a phone or other portable electronic device in a conspicuous manner while driving, New York law (VTL §1225-d) presumes you are using it; that presumption can be rebutted with evidence that you weren’t.

    Law DMV form MV-277.1 (PDF) NY Vehicle and Traffic Law §1225-D

  7. Junior and probationary drivers convicted of hand-held phone use or texting lose their license for 120 days; another conviction within 6 months of getting it back means revocation for at least 1 year.

    California differs: California bars drivers under 18 from using a phone while driving, except to call for emergency help; New York instead suspends junior drivers and also adults in their first-license probation for hand-held use or texting. California rule

    Law Written test NY Driver’s Manual, ch. 8: Defensive Driving

  8. Fatigue slows your reactions, dulls your awareness and impairs your judgment; like alcohol and drugs, drowsiness contributes to crashes.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

  9. Signs of drowsy driving: eyes closing or losing focus, trouble holding your head up, constant yawning, wandering thoughts, no memory of the last few miles, drifting, tailgating, missed signs, jerking back into your lane, or hitting rumble strips.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

  10. Highest drowsy-driving risk: long trips without breaks, too little sleep, driving at night or when you’d normally sleep, sedating medicine or alcohol, driving alone on long rural roads, young drivers, shift workers, and people with untreated sleep disorders.

    Safety advice NY Driver’s Manual, ch. 8: Defensive Driving

  11. Before a long trip, get enough sleep, bring a companion, plan a stop every 100 miles or 2 hours, skip alcohol and drowsy-making medicines, and wait at least 15 minutes after waking up before you drive.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

  12. Feeling drowsy? You can’t predict when you’ll nod off, and the radio or an open window won’t keep you awake. Stop somewhere safe and nap 15–45 minutes; caffeine helps only briefly and takes about 30 minutes to work.

    Safety advice Written test NY Driver’s Manual, ch. 8: Defensive Driving

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Sample questions

3 of our 25 practice questions for this chapter, with explanations. The rest are in the app.

Sample question 1/3

Which statement best describes a driving distraction?

  1. Only something that takes your hands off the wheel
  2. Anything that pulls your attention from driving
  3. Only an electronic device, such as a phone or GPS
  4. Only a sight outside the car, like a billboard
Show answer

Answer: B. Anything that pulls your attention from driving

Anything that draws your attention away from the driving task counts, whether it takes your eyes, your hands or your mind. Phones are a big one, but daydreaming and upset passengers can distract you too.

NY Driver’s Manual, ch. 8: Defensive Driving

Sample question 2/3 Common mistake

Ethan, 17, has a junior license and lives in Poughkeepsie. His car’s hands-free system lets him take calls by voice without touching his phone. According to New York’s driver’s manual, may he take a call this way while driving?

  1. No; drivers under 18 may not use any phone at all
  2. No; junior drivers may use a phone only in emergencies
  3. Yes, but only if an adult is in the car with him
  4. Yes; hands-free calls are allowed for every driver
Show answer

Answer: D. Yes; hands-free calls are allowed for every driver

New York’s manual allows hands-free calls for every driver, while California bars drivers under 18 from even hands-free phones. New York’s hand-held ban covers drivers of every age; emergency calls and on-duty police, fire department staff and emergency-vehicle drivers are exempt. Even so, a call can still pull your mind off the road.

NY Driver’s Manual, ch. 8: Defensive Driving

Sample question 3/3

As you merge onto I-87, your passenger starts a heated argument about money. What’s the best way to handle it?

  1. Say you’ll talk about it once you’ve arrived
  2. Argue back so the issue gets settled quickly
  3. Turn to face them so they know you’re listening
  4. Speed up so you get home and finish the talk
Show answer

Answer: A. Say you’ll talk about it once you’ve arrived

Arguments and emotional conversations pull your focus off the road, so put them off until you’ve parked. Turning toward a passenger takes your eyes off traffic, and arguing or speeding only adds risk.

NY Driver’s Manual, ch. 8: Defensive Driving

22 more practice questions for this chapterKeep practicing in Roadfeel

Sources

Restated in our own words from the New York State Driver’s Manual (MV-21) and other official pages, mostly dmv.ny.gov. The manual is © NYS DMV with all rights reserved, so we don’t reproduce it; we quote short phrases and link to it.

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