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Drivers who chat on their cell phones with one hand while driving with the other in New York will face fines of $100 or higher under a bill lawmakers approved Monday, the first of its kind in the country.

Passed by the Senate last week, the legislation sailed through the Assembly Monday on a 125-to-19 vote. Governor George Pataki said he intends to sign the legislation by week's end, which would make New York the first state in the country to make the use of a phone while driving a moving violation.

The measure would make driving while holding a cell phone to one's ear a traffic violation on all public highways in the state, except in emergencies. However, the bill would not ban the use of hands-free phones or phones with a speaker, for example.

"By requiring drivers to put down their cell phones and pay attention to the road, this new law will help make our roads safer and save lives," Gov. Pataki said.

"Too many families have suffered the tragedy of seeing a loved one injured -- sometimes fatally -- in an accident caused by someone who was driving while using a cell phone. As more and more counties have begun to tackle this issue, it's important that we provide a consistent, statewide ban to decrease confusion and increase safety for all who travel on New York's roads."

Despite lobbying by wireless providers, the movement against using a handheld phone while driving has been gaining momentum for over a year now around the state. Counties such as Nassau, Suffolk and Westchester had already moved to regulate or ban the use of cell phones while driving, helping to spur the Assembly to act. Unlike some wireless phone service providers around the country, Verizon had been a supporter of the ban.

Although 35 other states are considering similar legislation, New York has taken the lead in adopting the measures. The bill goes into full effect by Dec 1st but would be enforced with warnings starting in November. First time offenders would receive a fine of $100. Repeat offenders would see the fines go from $200 to $500 after each violation.

New York joins at least 23 countries, including England, Italy, Israel and Japan, that have passed hand-held cell phone use while driving.

Assembly Speaker Sheldon Silver said by establishing a uniform standard for drivers throughout the state, the agreement will help prevent accidents and save lives.

The bill also requires the commissioner of the Department of Motor Vehicles to conduct a study on the effects of cell phone use and car accidents and present the result within four years.