Section 1225-D. Use of portable electronic devices

1. Except as otherwise
  provided  in this section, no person shall operate a motor vehicle while
  using any portable electronic device while such vehicle is in motion.
    2. For the purposes of this section, the following  terms  shall  have
  the following meanings:
    (a)  "Portable  electronic  device"  shall  mean  any hand-held mobile
  telephone, as defined by  subdivision  one  of  section  twelve  hundred
  twenty-five-c   of  this  article,  personal  digital  assistant  (PDA),
  handheld  device  with  mobile  data  access,  laptop  computer,  pager,
  broadband  personal  communication  device,  two-way  messaging  device,
  electronic game, or portable computing device.
    (b) "Using" shall mean holding  a  portable  electronic  device  while
  viewing,  taking  or  transmitting  images, playing games, or composing,
  sending, reading, viewing, accessing, browsing, transmitting, saving  or
  retrieving e-mail, text messages, or other electronic data.
    3. Subdivision one of this section shall not apply to (a) the use of a
  portable  electronic  device  for the sole purpose of communicating with
  any of the following regarding  an  emergency  situation:  an  emergency
  response operator; a hospital; a physician's office or health clinic; an
  ambulance company or corps; a fire department, district or company; or a
  police  department,  (b)  any  of  the  following  persons  while in the
  performance of their official duties: a police officer or peace officer;
  a member of a fire department, district or company; or the  operator  of
  an authorized emergency vehicle as defined in section one hundred one of
  this chapter.
    4.  A  person  who holds a portable electronic device in a conspicuous
  manner while operating a motor vehicle is  presumed  to  be  using  such
  device. The presumption established by this subdivision is rebuttable by
  evidence  showing  that the operator was not using the device within the
  meaning of this section.
    5.  The  provisions  of  this  section  shall  not  be  construed   as
  authorizing  the  seizure or forfeiture of a portable electronic device,
  unless otherwise provided by law.
    6. A violation of this section shall be a traffic infraction and shall
  be punishable by a fine of not more  than  one  hundred  fifty  dollars.
  Provided,  however,  that  a  summons  for  operating a motor vehicle in
  violation of this section shall only be issued when there is  reasonable
  cause  to  believe  that  the  person  operating  such motor vehicle has
  committed a violation of the laws of this state other than  a  violation
  of this section.
    * NB Effective November 1, 2009