A few months ago, the answer to that question would have been, no. On 6/1/13 the Governor changed legislation to include a cellphone violation amongst those, if convicted on a probationary license , will result in a 60 day suspension. Whether that per se makes it serious is unclear,
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
As far as I can tell, the answer is "no". Section 1.6.3. listed the "serious violations" relating to CDL license holders at http://www.dmv.ny.gov/broch/cdl/cdl10sec01.pdf.
On October 28, 2013, the following changes to the mobile phone/portable electronic device use law for Commercial Drivers (CDL) took effect:
A motor carrier must not allow or require their drivers to use mobile phones/portable electronic devices while driving.
A mobile telephone used by a person operating a commercial motor vehicle shall not be deemed a "hands-free mobile telephone" when the driver dials or answers the mobile telephone by pressing more than a single button.
Commercial drivers are prohibited from making a phone call or using a portable electronic device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays.
An operator of a commercial motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is also presumed to be engaged in a call.
An operator of a commercial motor vehicle who holds a portable electronic device in a conspicuous manner while such vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is presumed to be using the device.
Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.
Both before and after the change in the NY State cell phone law a commercial driver caught driving while on a cell phone has severe consequences. Retain counsel to fight the charge.
The answer is yes it is now. The governor of New York recently signed a bill providing that texting on a phone, including speaking on a phone, without an earpiece or a bluetooth device while driving is a five point charge against your license. If you have a second offense you lose your license I believe for 6 months. Buy a $20 earpiece and don't text.
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