The penalties associated with New York’s point demerit system.
Like most states, New York issues fines and fees for traffic infractions. But New York also keeps track of all moving violation convictions in order to identify habitual violators. The New York Department of Motor Vehicles (DMV) assigns points for each conviction and drivers who accumulate too many points face license-related penalties.
Points Values for Specific Violations
New York assigns the following point values to moving violations. Most out-of-state convictions do not result in points.
|
Violation |
Points Assessed |
|
Unlisted violation |
2 |
|
Speeding 40 or more miles per hour over the limit |
11 |
|
Speeding 30 to 40 miles per hour over the limit |
8 |
|
Speeding 20 to 30 miles per hour over the limit |
6 |
|
5 |
|
|
Passing stopped school bus |
5 |
|
5 |
|
|
Railroad crossing violation |
5 |
|
Speeding 10 to 20 miles per hour over the limit |
4 |
|
4 |
|
|
Inadequate brakes |
4 |
|
Excessive speed for conditions |
3 |
|
Speeding less than 10 miles per hour over limit |
3 |
|
3 |
|
|
Improper passing |
3 |
|
Improper lane |
3 |
|
Leaving scene of animal injury accident |
3 |
|
3 |
|
|
Insurance or registration violation |
2 |
|
Vehicle inspection violation |
2 |
|
Parking violations |
2 |
|
Failure to yield to pedestrian or bicyclist |
2 |
|
High-occupancy lane violation |
2 |
Consequences of Acquiring Too Many Demerit Points
When a driver accumulates four points within a year, the DMV will issue a warning letter informing the driver of the current point total and the penalties of future violations.
Driver improvement clinic. A driver with seven to ten points will be required to complete a driver improvement clinic. Failure to timely complete the clinic will result in license suspension.
Hearing. The DMV can issue a notice to appear for a hearing after the driver has accumulated:
- at least 11 points in 18 months
- at least nine points in 18 months related to speeding violations,
- at least four points in 12 months if the driver has a previous hearing notice within the last 12 months, or
- three moving violations within a relatively short period of time, which would indicate a danger to other drivers.
At the hearing, the hearing officer will review the driver's record and can order the driver's license be revoked or suspended.
Driver responsibility assessment fee. A driver with at least six points in 18 months will be assessed a driver responsibility assessment fee. The fee is $100 per year for three years, with an additional $25 per year for each point above six.
Avoiding Suspension
Before reaching 11 points, a driver can take a motor vehicle accident prevention course to remove up to four demerit points. This option is available only once every 18 months and does not affect the driver responsibility assessment fee.
A suspended driver can apply for a restricted use license. The license authorizes limited operation to and from work or school but only during certain hours and along certain routes.
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