N.Y. Comp. Codes R. & Regs. tit. 15 § 131.3

Current through Register Vol. 46, No. 16, April 17, 2024

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)

(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;

(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 ; and

(iv) any violation involving a railroad crossing.

(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 disobeying a traffic control signal 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; and

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

(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, other than a violation set forth in paragraph (1) through (6) of this subdivision, 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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.3

Amended New York State Register August 24, 2016/Volume XXXVIII, Issue 34, eff. 8/24/2016