Int 0855-2000

Be it enacted by the Council as follows: Section 1. The administrative code of the city of New York is amended by adding a new section 10-137 to read as follows: � 10-137. Prohibition on the use of mobile telephones while operating a motor vehicle a. Definitions. For purposes of this section: 1. "Hands-free device" shall mean an attachment, add-on, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used allows the operator of a motor vehicle to maintain both hands (or prosthetic device or aid in the case of a physically disabled person) on the applicable steering mechanism. 2. "Mobile telephone" shall mean equipment capable of sending and/or receiving voice communications without a wired access line for service, including but not limited to, cellular, wireless, and PCS (personal communications services) telephones. 3. "Motor vehicle" shall mean a motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law. 4. "Park" shall mean park as defined in section one hundred twenty-nine of the vehicle and traffic law. 5. "Public highway" shall mean a public highway as defined in section one hundred thirty-four of the vehicle and traffic law. 6. "Stand" shall mean stand as defined in section one hundred forty-five of the vehicle and traffic law. 7. "Stop" shall mean stop as defined in section one hundred forty-six of the vehicle and traffic law. 8. "Use" shall mean to talk or listen on a mobile telephone. b. Except as provided in subdivision c of this section, no person shall operate a motor vehicle on a public highway while using a mobile telephone. c. 1. The use of a mobile telephone by an operator of a motor vehicle shall not be a violation of subdivision b of this section where the operator was using such mobile telephone to contact a 911 emergency telephone number, or to make an emergency telephone call to a hospital or a medical doctor's office. 2. The use of a mobile telephone by an operator of a motor vehicle shall not be a violation of subdivision b of this section where the mobile telephone was equipped and used with a hands-free device. 3. The use of a mobile telephone by an operator of a motor vehicle shall not be a violation of subdivision b of this section where the motor vehicle is stopped standing or parked. d. Any person who operates a motor vehicle on a public highway in violation of subdivision b of this section shall be guilty of a traffic infraction and upon conviction thereof shall be liable for a fine of not less than fifty dollars nor more than one hundred fifty dollars. Such traffic infraction may be adjudicated pursuant to article two-A of the vehicle and traffic law. � 2. This local law shall take effect 60 days after it shall have become a law. 2 - -