New York’s Law: Can You Hold a Phone While Driving?

Is it legal or illegal to have your cellphone in your hand while driving in New York? Most people know that 'distracted driving' is against the law. We aren't allowed to use a phone, for texting, talking or scrolling while driving. Some however are confused about whether you're allowed to just hold the phone in your hand while your vehicle is in gear.

The definition of distracted driving is "the practice of driving a motor vehicle while engaged in another activity, typically one that involves the use of a mobile phone or other electronic device" but can it simply be in your hand?

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A recent tiktok post by jojoonthegotravels indicates that a "new touch law" went into effect on June 5, 2025. This specific law makes it illegal for drivers to touch their mobile phone while you are driving.

To clarify, snopes reveals that the 'no touch' law is new to Pennsylvania as of June 5th but variations of this law have been in effect for a while in 30 other states. What about New York State? Is it legal or illegal to hold a mobile device in your hand while driving in the Empire State?

@jojoonthegogotravels #jojoonthegogotravels #safetytips #newlaw #travel #fyp #driving #safety #drivingtips ♬ original sound - JoJo on the Go Go

According to the Governor's Traffic Safety Committee, in 2001, New York was the first state to ban hand-held cellphone use while driving. In 2011, then Governor Cuomo, signed a law that made texting while driving a primary offense.

Section 1225-D of New York State Law generally states "A person who holds a portable electronic device in a noticeable manner while operating a motor vehicle is presumed to be using such device". Simply stated, you run the risk of a ticket if you are holding your mobile devise.