Points

If you are convicted of a traffic violation in NY that carries points, then those points will attach to your driving record.

Note that driver license points:

  • Are listed on your driver abstract based on the date the violation occurred, not the date you were convicted of the violation.
  • Will be calculated by DMV based on an 18 month period of time
  • Are visible to anyone who reviews your record through the end of the calendar year in which the conviction occurred and for another three full calendar years beyond that.

Title 15, Chapter 1, Subchapter J, Part 131.3 of the NYCRR (New York Codes, Rules and Regulations) sets forth the official NYS driver license point list. It’s essentially structured based on the fact that all violations have two points by default and everything else (either more or less points) is an exception to that basic premise.

All traffic violations carry two points, except:

(b) Exceptions.

11 points:

(i) Speeding more than 40 miles per hour over the speed limit.

8 points:

(i) Speeding more than 30 but not more than 40 miles per hour over the speed limit.

6 points:

(i) Speeding more than 20 but not more than 30 miles per hour over the speed limit.

5 points:

(i) Reckless Driving

(ii) Any violation involving overtaking or passing a stopped school bus.

(iii) Cell phone or portable electronic device violations (issued on or after 6/1/13)

4 points:

(i) Speeding more than 10 but not more than 20 miles per hour over the speed limit;

(ii) Following too closely (tailgating); and

(iii) Inadequate service brakes, except for such a violation committed by an employed driver during the course of his employment.

3 points:

(i) Speeding for 10 or fewer miles per hour over the speed limit or speeding where no particular speed or speed limit has been alleged (unreasonable and imprudent speed)

(ii) Failure to yield the right-of-way violations.

(iii) Disobeying a traffic control signal (*** see note below) or a stop or yield sign;

(iv) Improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction violations

(v) Leaving the scene of a property damage incident or injury to an animal without reporting;

(vi) Child seat belt violations; and

(vii) Cell phone or portable electronic device violations (issued prior to 6/1/13)

No points:

(i) Registration, licensing or insurance violations.

(ii)  Inspection, vehicle weights or dimensions or other vehicle equipment violations (other than inadequate service brakes);

(iii) Violations for which suspension or revocation action is mandated upon conviction;

(iv) Parking violations;

(v) Pedestrian or bicycle violations;

(vi) Violations relating to a business or the sale of goods established in the Vehicle and Traffic Law or any local law;

(vii) Any violations not resulting from the operation of a motor vehicle;

(viii) Violations of section 1110(a) of the Vehicle and Traffic Law relative to the improper use of high occupancy vehicle lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway.

 

***Traffic control signal (green arrows, red lights, railroad crossings, etc.) are different from Disobey Traffic Control Device (Sec 1110a of the VTL).  Traffic Control Device violations are a two point violation.