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The Official NYS DMV Driver License Point System

While DMV and many lawyer websites like ours may offer lists showing the varying point values of NY traffic violations, ever wonder where it’s all officially codified by law?

The NYCRR (New York Codes, Rules and Regulations) primarily contains state agency (the DMV, for example) rules and regulations adopted under the State Administrative Procedure Act.

Title 15 of the NYCRR is titled Department of Motor Vehicles. Chapter 1, Subchapter J, Part 131.3 of Title 15 defines the Point System.  Here is the official point list.  Interesting to note that it’s built off of the premise that “everything carries two points except…”.  For all the point lists you may see online, I find this one to be by far the most clear and complete.

Section 131.3.* Point values.

(a) All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in subdivision (b) of this section.

(b) Exceptions.

(1) The following violations shall be assigned a point value of 11 points:

(i) any violation involving speeding more than 40 miles per hour over the speed limit.

(2) The following violations shall be assigned a point value of eight points:

(i) any violation involving speeding more than 30 but not more than 40 miles per hour over the speed limit.

(3) The following violations shall be assigned a point value of six points:

(i) any violation involving speeding more than 20 but not more than 30 miles per hour over the speed limit.

(4) The following violations shall be assigned a point value of five points:

(i) reckless driving; and

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

(iii) any violation involving the use of a mobile telephone or portable electronic device (NEW:  In effect as of 6/1/13)

(5) The following violations shall be assigned a point value of four points:

(i) any violation involving speeding more than 10 but not more than 20 miles per hour over the speed limit;

(ii) following too closely; and

(iii) inadequate service brakes, except for such a violation committed by an employed driver during the course of his employment, which shall be subject to the provisions of subdivision (a) of this section.

(6) The following violations shall be assigned a point value of three points:

(i) any violation involving speed except where a different point value has been assigned;

(ii) any violation constituting a failure to yield the right-of-way;

(iii) any violation involving a railroad crossing, disobeying a traffic control signal (*** see footnote for how this differs from a two point traffic control device) or a stop or yield sign;

(iv) any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction;

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

(vi) any violation involving use of safety belts or seats by a child under the age of 16; and

(vii) any violation involving the use of a mobile telephone or portable electronic device (NOTE:  Cell phone and portable electronic device violations carry FIVE points as of 6/1/13)

(7) The following violations shall not be assigned any point value:

(i) any violation relating to vehicle registration, licensing or insurance;

(ii) any violation relating to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes;

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

(iv) any parking violation;

(v) any pedestrian or bicycle violation;

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

(vii) any other violation not resulting from the operation of a motor vehicle;

(viii) any violation 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; and

(8) Point values for violations committed on or after July 1, 1988 shall be assigned in accordance with the provisions of this section which became effective on October 12, 1988.

(c) Point values assessed shall be assessed as of the date of violation.

_____________

*** Traffic control signals carry three points.  Traffic control device violations (Sec. 1110a) carry two.

Traffic control devices are defined as “all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.”

Traffic control signals are a specific type of device, defined as “any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.”

Scott Feifer