TLC Cell Phone Rule: What Phone Setups Are Legal

In short: while your TLC vehicle is moving, you may not touch your phone, and you may not have an earpiece in or near your ear. The only devices you may use while driving are the ones TLC allows for your vehicle type — mounted, not held, and used by voice or one touch. Breaking the rule (80-14(g)(1)) costs $250–$350, 3 TLC points, and a 60-day deadline to finish a distracted-driving course or be suspended (TLC chapter 80).

This guide is about setting up your car so you stay legal. For the charge itself — what OATH looks at, defenses to discuss, and how often it is written — see the 80-14(g)(1) violation page.

What "use" means under TLC rules

TLC's definition (rule 80-03(c)(8)) is broad. To "Use an Electronic Communication Device" means to:

1. Operate any function of the device in any way, or
2. Have a device permitting hands-free operation in or near the ear.

So a Bluetooth earbud counts as use, even if no call is active. Rule 80-14(g)(1) then says you may use a device only while the vehicle is lawfully standing or parked.

There are two carve-outs:

• FHV and street hail livery drivers may have a short business call with their base about a dispatch, if it uses an FCC-licensed two-way radio or a mounted, not hand-held device (a smartphone is fine) and only voice or one-touch buttons.
• Any device that rule 80-22 permits for your vehicle type (below) is not "use" when operated the way that rule allows.

This is stricter than state law

New York's state law targets holding a device. The DMV says it is illegal to hold a portable electronic device while driving and talk, text, browse, take pictures or play games (NY DMV). TLC goes further: an earbud alone can be a violation.

Sources: TLC chapter 80; NY DMV cell phone page; DMV point system.

Both kinds of points count toward TLC's Persistent Violator Program. But you should not be charged twice for the same act: NYC Administrative Code §19-507.1(e) says a TLC driver may be issued only one summons for an act that breaks two overlapping laws (Local Law 12 of 2020). See DMV points vs TLC points.

Which devices you may use while driving

The extra devices TLC allows depend on what you drive. Rule 80-22 sets them out; breaking those limits is a separate $100 / $150 charge.

Source: TLC chapter 80, §80-22.

Check your setup

This tool explains the rule. It cannot tell you how a hearing officer will see the facts in your case.

What happens after a conviction

Being found guilty starts a clock. Rule 80-14(g)(2) and 80-04(j)(5) require you to complete a Distracted Driving Portable Electronic Device Course within 60 days of the conviction.

Source: TLC chapter 80, §80-14(g)(1)–(2).

Keep the course certificate and the receipt. If you also get a notice, answer it on time. The 3 or 4 points stay in TLC's 15-month window from the conviction date; use the points calculator to see where they leave you.

The emergency defense

Rule 80-14(g)(3) gives an affirmative defense only when all four are true: you were talking to an emergency response operator; you were reporting an imminent threat to life or property; you could not safely stop; and you have documentary proof of the call (for example, your phone carrier's call log). Without that proof the defense fails. Bring it to your hearing; see preparing for a TLC hearing.

Situations drivers ask about

These are common moments where drivers get caught out. Each answer is based on the rule's wording; how it applies to your facts is for your lawyer and the hearing officer.

• Typing an address into navigation while moving. The definition covers operating any function of a device. The exceptions cover short dispatch communication by voice or one touch. Typing an address is neither, so set the route before you pull away.
• Calling a passenger who can't find the car. Park legally first. A call made by holding the phone, or through an earbud, while the car is moving fits the definition of use.
• A passenger asks you to change the music on your phone. That is operating a function. Do it when you're stopped and parked, or let the car's own controls handle it.
• Talking to your base on a two-way radio. For FHV and street hail livery drivers, a short dispatch call to your base by radio or by a mounted device, using voice or one touch, is not use (rule 80-03(c)(8)(3)).
• Your phone is in a cup holder and buzzing. Leaving it alone is not use. Picking it up to check is.

Who the rule covers

Rule 80-14(g) is in chapter 80, so it applies to every TLC Driver License holder driving a yellow taxi, green cab (street hail livery) or for-hire vehicle, including app-based trips. Paratransit drivers operating an accessible street hail livery are also covered by chapter 80 when they do. It applies whenever you're operating the vehicle — with or without a passenger.

How often this charge is written

The OATH record shows how many TLC summonses listed 80-14(g)(1) as the first charge each year. A summons is an accusation, not a finding: the data does not show outcomes.

Practical habits that keep you legal

• Mount first, then drive. Put your dispatch device in a fixed mount before you start the shift.
• Leave earbuds out. Route calls through the car speaker.
• Accept trips with one tap or by voice. If the app needs more, pull over and park.
• Don't add devices. Count the devices against the table above. An extra phone running another app can be a separate 80-22 summons.
• A dashcam is not a phone, but it is equipment too. See dashcams in TLC vehicles.