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2017 New York State Vehicle & Traffic Law Quick Chart

04 Jan

Welcome to the 2017 New York State

Vehicle & Traffic Law Quick Chart online Reference Guide.

Starting in 2017, the book version will no longer be printed.The electronic edition is FREE, FREE, FREE. NO NEED TO REGISTER.  Just start searching.  I will provide updates as they become available, on almost a monthly basis.

 

Since 1997, I have published the Quick Chart in book form to assist Judges and Attorneys in researching the New York State Vehicle & Traffic Law.   In 2011, this website was created to make the Quick Chart even more accessible.

The New York State V & T Quick Chart is a quick reference to penalties, fines and license and registration consequences.

Whether you’re a Judge, an experienced attorney or just starting out, an insurance professional, police officer, drivers ed teacher or other practitioner needing to research the New York State Vehicle & Traffic Law, you will find this guide to be a resource of tremendous value.

You will find answers to the most often asked questions:

  • How many points is this violation?
  • What are the possible fines?
  • Can I go to jail?
  • What could happen to my license and registration?

One downside of the FREE online version is that the portion of the proceeds from the sale of the book and online version that I donated to the Wounded Warrior Project will no longer be coming in.  The second will be that the website will now have advertising on it.

I am requesting that you voluntarily donate whatever amount you wish, to the Wounded Warrior Project, or any other charity you desire, directly from you to the charity.

Since August 1st 2015, I donated $5 from every book and website access sale for the New York State Vehicle & Traffic Law Quick Chart to the Wounded Warrior Project, which serves the needs of injured service members from the current conflicts. 

I am in no way affiliated with this organization.  It is just my way of helping the men and women that defended our freedom. 

If you would like more information on this very worthy charity, you can find it at www.woundedwarriorproject.org.

For 2016, $1810, was donated to the Wounded Warrior Project.  Thank you to all that bought the book and website access.

Thank you for supporting our troops and my publication.

 

.

 
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Search Tips and Updates – Updated as of May 9, 2017

06 Sep

ALL SECTIONS REFER TO THE

VEHICLE & TRAFFIC LAW

UNLESS OTHERWISE NOTED

 

Quick Tips for Navigating

No matter where you are on the website, just click on Quickchart.net in the upper left hand corner to bring you back to the front page.

I have been monitoring the searches.  The search engine does not respond to questions, but looks for key words  The shorter the search string, the better. 

THE best way to find your information is by using the VTL section number if you know it. There is no need to type in “NYS VTL” or any variation. Just type in the section number, for example 1192.1. Again, the shorter the search, the better.  

NEXT is by key word or phrase, such as “speeding” or “speeding in zone.” Long phrases will give too many hits.

The index is also very helpful to narrow down your search.  The index will show the section number.

When you have found your violation, by clicking on the word “Chart” next to it, you will be brought to the associated Chart showing the fines and penalties.

The search function will bring up the page or pages your request is on. Unfortunately, this program will not bring you to the exact line, so you will have to look on the page for the answer.

For new attorneys and those not well versed in the VTL and DMV regulations, I suggest visiting the DMV website http://www.dmv.ny.gov/index.htm  as it has a wealth of information.  I have found that it is not always current, however, It is a very good starting point for your research.

Please feel free to email me with suggestions, corrections or something you would like to see added to the chart.

 

UPDATE HIGHLIGHTS

2016 Updates

October 2016

Effective November 1, 2016

117-a – Hazard Vehicle – adds sani-van and garbage truck to definition.  see 1180-e below for further explanation.

Effective August 31, 2016

401.13(d) – adds “for the purpose of transporting the motor vehicle, trailer or semi-trailer at the time of first receipt from its point of sale to a farm…”

Effective September 19, 2016

1131 – Driving on shoulders.  Allows tow trucks to use the shoulder when dispatched to the scene of an accident by a law enforcement agency.

Effective November 1, 2016

1180-e – adds sani-van and garbage truck to to the list of vehicles and hazards that must be approached at the appropriate reduced speed.

 

September

Effective November 1, 2016

Navigation Law 49-a.2, paragraph (a), (f) amended, 49-a.5-a added.

Known as Tiffany Heitkamp’s Law, 49-a.5-a adds that the Court shall consider any prior 1192 .2, 2-a, 3, 4, 4-a convictions when sentencing a Boating While Intoxicated defendant.

Effective January 17, 2017

1144-a – Approaching parked, stopped or standing emergency vehicles, amended to add “vehicle displaying a blue or green light”.

1144-a.c (New Section)  …to exercise due care to avoid colliding with a vehicle displaying a blue or green light…

August 2016

Points – NYCRR 131.3(b)(4)(iv).  Point value increased from 3 to 5 points for “any violation involving a railroad crossing”.  Effective August 24 2016

May 2016

501.2(b)(iv) – Adds a P endorsement for operating a bus…. or a motor vehicle with a GVWR over 26,000 pounds and is designed to carry passengers in commerce – effective April 12, 2016

501.2(b)(vi) – Farm endorsement on license repealed – effective April 12, 2016

2015 Updates

Effective August 1, 1 2015

Starting August 1st 2015, I will be donating $5 from every book and website access sale for the New York State Vehicle & Traffic Law Quick Chart to the Wounded Warrior Project, which serves the needs of injured service members from the current conflicts. 

I am in no way affiliated with this organization.  It is just my way of helping the men and women that defended our freedom. 

If you would like more information on this very worthy charity, you can find it at www.woundedwarriorproject.org.

Thank you for supporting my publication and our troops,

Mike Sackett

 

Effective July 8, 1 2015

Transportation  Law 140.2c(vii) new section- No person or corporation… shall allow, permit, require… any person to operate a CMV when that operator does not have a CDL, CDL permit, correct endorsement, … or has their CDL or CDL permit suspended or revoked

VTL 510.6o – new section – mandatory revocation of CDL or CDL permit if in violation of section 392

 

2014 Updates

Effective July 25, 1 2014

1180-c – Nassau and Suffolk Counties.  Owner liability for failure of operator to comply with posted maximum speed limits in a school speed zone – Photo Speed Monitoring System

Effective November 1 2014

510.2b(xvi) – If in violation of 1225-c & 1225-d with a probationary license, probationary license is revoked for 120 days

510.2b(xvii) – If in violation of 1225-c & 1225-d while holding a class DJ or MJ learners permit or a class DJ or MJ license.  Learners permit or license is revoked for 120 days

1225-c & 1225-d – Maximum fines increasing for 1st, 2nd and 3rd violations

1193.1(c)(ii-a) Paragraph added known as Vince’s Law – increases penalties and jail time for 1192 violation in certain circumstances.  See Chart Z and AA

 

2013 Updates

 

Effective June 1, 2013

Point values for 1225-c and 1225-d, mobile phones and electronic devices, increased from 3 points to 5 points

 

Effective July 26, 2013

510.4-f

Provisions for suspending a drivers license for failure to pay past due tax liabilities

1225-c and 1225-d

New fine structure for use of mobile phones and electronic devices

1809 – Surcharges

1809-e – increases the additional surcharge fro $20 to $28

1809-aa – Mandatory surcharge for a violation of sections 1200, 1201, or 1202 of the VTL

 

Effective February 13, 2013

15 NYCRR 3.2

The DMV added the “Problem Driver A2 Endorsement” for class D licenses, the purpose of which is to “deny relicensure to persistently dangerous offenders who pose the highest risk to the general public.”

 

15 NYCRR 132

The DMV also added new Part 132 to the Regulations of the Commissioner of Motor Vehicles, Dangerous Repeat Alcohol or Drug Offenders.

2012 Updates 

APRIL

1220-b

2012 Sessions Laws Chapter 9 section 24 increased the fines for Unlawful Solicitation of Ground Transportation at an Airport.

MAY

Transportation Law 140.2(c)

2012 Sessions Laws Chapter 59 Section 6, Part G re-lettered Transportation Law section 140.2(d) to 140.2(c).  This is the Commercial Motor Vehicle safety violation section that the U.T.T’s. are written under.

509.7-a

2012 Sessions Laws Chapter 58 Section 5 part D added new VTL section 509.7-a, Operating a Commercial Motor Vehicle while not medically certified.  

SEPTEMBER

404-a now allows an optomistrist to issue a certificate of disability.  Not listed in the Quick Chart.  For information only

1116(d) was re-lettered has now become 1116(e) – Traveling in a lane controlled by a red X signal

1127(b) replaced the words “traffic island” with “circular intersection”

1685 – Failure to stop at a RR grade crossing adds the word “yield” .  It now becomes Failure to stop or yield…

Link to September 25, 2012 letter from Gov. Cuomo announcing DMV regulations to to keep drivers with a history of repeat alcohol or drug related driving convictions off the road.   https://www.governor.ny.gov/press/09252012dwiregulations

DECEMBER

Search for “Load Securement”  made more prominent.

 

2011 Updates

Ignition Interlock Devices – 1198

2011 Session Law Chapter 57 Section 6 of (Part A) extends the “remain in effect date” until 9/1/13

Surcharges – 1809.8

2011 Session Law Chapter 57 Section 14 of (Part A) lowers surcharge amounts for certain violations of the VTL effective 9/1/2011 until 9/1/13.  These have already been noted on this website since January 2011

Use of Electronic Devices While Driving – 1225.d.6

2011 Session Law Chapter 109 Section 1 takes out language requiring “that a summons for operating a motor vehicle in violation of this section shall only be issued when there is reasonable cause to believe that the person operating such motor vehicle has committed a violation of the laws of this state other than a violation of this section.”

In other words, you do not have to be stopped for another violation before you can be given a summons for using a portable electronic device

509-cc.4(a), (b), and (c)

2011 Session Laws Chapter 400 Section 1.  Several sections of the Penal Law were added to the above sections to either permanently disqualify a person from becoming a school bus driver or disqualifies that person for 5 years.  See statute for numerous violations.

Additions to this section become effective 2/12/2012

1144-a

2011 Session Laws Chapter 458 Section 3  adds “hazard vehicle” to the section. 1144-a now has 2 parts, a & b.  Part “a” contains the same text as the original 1144-a.  In a nutshell, exercising due care to avoid a collision with an emergency vehicle.  Part “b” adds the same exercising due care to avoid a collision with a “hazard vehicle.”

Part “a” already in effect, part “b” becomes effective 1/1/2012

 

 

 

 

 
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FYI

16 Feb

FYI

 

Motorcycle Headlamp Modulation

For those attorneys that don’t regularly represent motorcyclists, some Police agencies are unaware of the legality of modulating headlights and mistakenly give out tickets for this equipment. The following sections can be used when representing someone that has been cited.

49 CFR 571.108 S7.9.4. Federal Motor Vehicle Safety Standards This allows motorcycle headlight modulation in all 50 States.

Title 49 USC 30103 (b1) prohibits any state from forbidding a system that conforms to Federal Motor Vehicle Safety Standards section 108.

If you would like to add to the FYI, please email me your information with citations. If you would like to be given credit, please include your name and website and I will list them.


 
 

TABLE OF CONTENTS

21 Dec

TABLE OF CONTENTS

TABLE OF CONTENTS
Chart Directory
Vehicle & Traffic Violations (General)Pages 1 - 76
Snowmobile / motorboats
limited use / ATV's
Pages 62 - 67
Common Boating ViolationsPages 68 - 76
Commercial Motor Vehicle ViolationsPages 77 - 78
Hours of operation / Log BooksPage 79
Highway & Fuel Use TaxPage 80
Idling prohibition of Heavy Duty VehiclesPage 81
Emissions Inspection of Heavy Duty VehiclesPage 82
Penalty ChartsChart A to Chart Hazmat CMV
Pages 83 to 127
General DWI ConcernsPage 112-a
Representing a Multiple Alcohol and Drug Related OffenderPage 112-b
License, Registration, Revocation & Suspension ChartPage 128
Driver Responsibility Assessment FeePage 112-a
SurchargesPage 129
IndexPage 130
DMV LettersPages 131-132


 
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CHART DIRECTORY

21 Dec

CHART DIRECTORY

CHARTTITLE
ATraffic Infractions
A-1 Stopping or standing...at a hydrant impeding a fire vehicle during an emergency
A-2Mobile phones and portable electronic equipment
BMisdemeanors
CUninspected Vehicle
DService brake disconnection
EAudio amplification
FUnsecure Load
G-1 Dimensions and weights
G-2 Weights of 3 axle vehicles
G-3 Weights of 3 axle vehicles (NYC)
G-4 Excessive weight on axles
G-5 Excessive weight on axles (NYC)
HRegistration Fines
ILicense violations
JAggravated Unlicensed Operation
KFacilitating Aggravated Unlicensed Operation
L Operating vehicle while License or Registration revoked or suspended
MLeaving The Scene of an accident
NLeaving The Scene, animals
O-1 Red Light Violations (cities < 1 million)
O-2 Red Light Violations (cities > 1 million)
PEmergency Vehicle Approaching
Q Railroad Crossing Violation
RPassing School Bus
SImprudent Speed
T Speeding
URadar Detectors (Vehicles over 18,000 lbs.)
VSpeed Contests
WReckless Driving
XGround Transportation Violations
Y DWAI
Z DWI or impaired by drugs
AA Special Vehicle-Alcohol and Drug
BBDWAI-CMV-Level I
CCDWI-CMV-Level II
DDOperator under 21; consumed alcohol
EE Chemical Test Refusal
Boating AMisdemeanors
Boating BViolation
Boating CBoating while ability impaired
Boating DBoating while intoxicated or impaired by drugs
Boating ERegulations for personal watercraft
Boating FLivery regulations for personal watercraft
Chart CMVCommercial Motor Vehicles / Load Securement (the most popular)
Chart CMV Farm Plated Vehicles
Chart HazmatCommercial Motor Vehicles


 
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Violations Page 1

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
207.5 Unlawful disposal of uniform traffic ticketChart BMisd.
301-b.1Heavy Duty Vehicle emissions in violation of ECL 19-03201st violation - $700
$150 if corrected within 30 days

2nd or subsequent - $1,300
$500 if corrected within 30 days

see exceptions

301-b.2No certificate of inspection as required by ECL 19-03201st violation - $700
$350 if corrected within 30 days

2nd or subsequent - $1,300
$750 if corrected within 30 days

see exceptions
303bFailure to keep inspection recordsChart A
303(c)Failure to display or give proper notice
regarding repairs and re-inspection
Chart A
303(g)Failure to surrender suspended or
revoked inspection items.
Chart BMisd.
306(b)No inspection certificate. If vehicle is parked,
then it shall constitute a parking violation
Chart C

 

Violations Page 2

21 Dec
SECTIONVIOLATIONPENALTYMISCELLANEOUS
306(d)Issuance of inspection certificate without inspectionChart A
306(e)Fictitious inspection certificate (Use, Display or Issuance)Chart Bsee exceptions
306(f)Unlicensed inspection stationChart BMisd.
318.7Failure to surrender license, reg. or plates after revocationChart BMisd.
318.12Violation of impoundment$100 to $1000 for each violation
in addition to any other penalty
provided by law
(see 318.g)
Misd.
 

Violations Page 3

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
319.1 Operating or permitting operation without insurance$150 to $1500 or imprisonment for not more than 15 days or bothTraffic Infraction
Additional civil
penalty of $750
See section 319.5
319.2Producing insurance ID card - insurance not in effectChart BMisd.
336Duty of court to report judgmentNot less than $10Penalty contained in section 357
340Failure to surrender license or registration after having been suspended $100-$1000 sec 35890 days or both
355Operating or permitting operation while license or registration suspended or revoked Chart IMisd.
Penalty contained in section 511
356Forging proof of financial responsibilityfine not more than $1,000
imprisonment not more than 30 days
370.2 Operating or permitting operation of uninsured for hire vehicleChart BMisd.
370.4 Failure to notify insurer of accident of “for hire” vehicleChart BMisd.

 

Violations Page 4

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.1(a) Inadequate emergency or hand brakesNot more than $150
Not more than
30 days
or both (see 375.32)
2 points
375.1(a)Inadequate brakesChart BMisd. see 375.32
4 points
375.1(a)Horn violationsNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(a)Inadequate steering mechanismNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(b)Windshield wiper violationsNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(b)(i)Unauthorized stickers on windshield or rear windowNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(b)(i)Handbills on windshieldNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(c)Unlawful deflection of trailer wheelsNot more than $150
Not more than
30 days
or both (see 375.32)
375.1(c)Inadequate brakes on trailer - see section for weight requirementsChart BMisd. see 375.32
4 points

 

Violations Page 5

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.1(c)Unapproved trailer hitchNot more than $150
Not more than 30 days
or both (see 375.32)
375.1(e) Inadequate or disconnected service brakes on vehiclesChart B.
Chart D if vehicle over 18,000 GVWR
Misd.
4 points, 2 points if
employed driver operating
in course of employment
375.2(a)Insufficient lights, 1/2 hour before sunrise,
1/2 hour after sunset, when wipers are on or
when visibility is less than 1000 feet
Not more than $150
Not more than 30 days
or both (see 375.32)
375.2(a)1Insufficient number of lighted headlampsNot more than $150
Not more than 30 days
or both (see 375.32)
375.2(a)2Insufficient number of red taillights on vehicles manufactured prior to 1/1/1952Not more than $150
Not more than 30 days
or both (see 375.32)
375.2(a)3Insufficient number of red taillights on vehicles manufactured on or after 1/1/1952
Not more than $150
Not more than 30 days
or both (see 375.32)

 

Violations Page 6

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.2(a)4No white light illuminating license plateNot more than $150
Not more than 30 days
or both (see 375.32)
375.2(b)Improperly adjusted headlamps causing
dangerous glare or dazzle
Not more than $150
Not more than 30 days
or both (see 375.32)
375.2(c) Lamp on vehicle has over 32 candle powerNot more than $150
Not more than 30 days
or both (see 375.32)
375.2(d)No additional headlights (Snowplow)Not more than $150
Not more than 30 days
or both (see 375.32)
375.3Failure to dim headlights Not more than $150
Not more than 30 days
or both (see 375.32)
2 points
375.4 Unapproved headlightsNot more than $150
Not more than 30 days
or both (see 375.32)
375.7

Sale of unapproved head-lighting device

Chart BMisd.

375.9No fire extinguisher (Omnibus)Not more than $150
Not more than 30 days
or both (see 375.32)
375.10a No rear view mirrorNot more than $150
Not more than 30 days
or both (see 375.32)

 

Violations Page 7

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.10b No right side mirror (Omnibus)Not more than $150
Not more than 30 days
or both (see 375.32)
375.10c Unapproved or no adjustable interior
mirror (on vehicles manufactured after 6/13/69 and
designated 1970 models (See exceptions)
Not more than $150
Not more than 30 days
or both (see 375.32)
375.10eCommercial vehicle not equipped with proper rear object Not more than $150
Not more than 30 days
or both (see 375.32)
375.10fSani-van or garbage truck manufactured after 1/1/2008,...not
equipped with rear video system. Westchester County
Not more than $150
Not more than 30 days
or both (see 375.32)

 

Violations Page 8

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.10-a No left side view mirror (on vehicles manufactured after
6/13/85 and designated as 1986 models)
(see exceptions)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.10-b No rear defogger or defroster (on vehicles manufactured after
6/13/73 and designated as 1974 models)
(See exceptions)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.10-cNo rear defogger or defroster-certain vehicles
(on vehicles manufactured after
6/13/85 and designated as 1986 models)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.10-dNo rear window defogger or defroster- certain vehicles
(on vehicles manufactured after 12/31/92 and designated
as 1993 models. (See exceptions)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.10-eNo convex mirror on front of vehicle over 26,000 lbs
(see statute for numerous details)
effective 1/14/2012
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.11 No safety glass - busesNot more than $150
Not more than 30 Days
or both (see 375.32)
375.12 No safety glass - motor vehicles other than busesNot more than $150
Not more than 30 Days
or both (see 375.32)
375.12-a(a)No front windshieldNot more than $150
Not more than 30 Days
or both (see 375.32)
375.12-a(b)Tinted window violationsNot more than $150
Not more than 30 Days
or both (see 375.32)
375.12-a(ff)Funeral sign on vehicle not larger than 8 1/2’ x 14”Not more than $150
Not more than 30 Days
or both (see 375.32)
375.13 Replaced glass - not safety glassNot more than $150
Not more than 30 Days
or both (see 375.32)

 

Violations Page 9

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.17 No emergency lighting equipment or failed to
use properly (certain vehicles) flares, reflectors, etc.
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.18 Inadequate or no directional signals (certain vehicles)Not more than $150
Not more than 30 Days
or both (see 375.32)
375.18-a Inadequate or no traffic hazard lights
(4-way flashers, certain vehicles)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.19 Operation of inadequately equipped or lighted vehicle Not more than $150
Not more than 30 Days
or both (see 375.32)
375.20(a) No flashing lights on School busNot more than $150
Not more than 30 Days
or both (see 375.32)
375.20(b)(1)No "SCHOOL BUS" signNot more than $150
Not more than 30 Days
or both (see 375.32)
375.20(b)(2)No handicap symbol displayedNot more than $150
Not more than 30 Days
or both (see 375.32)
375.20(c)Failure to illuminate School Bus signs 1/2 hour
before sunrise to 1/2 hour after sunset
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.20(e)No convex mirror on school busNot more than $150
Not more than 30 Days
or both (see 375.32)

 

Violations Page 10

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.20(g) Failure to change equipment markings and paint
on school bus within 15 days after no longer
being used as a school bus
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.21(i)Operating omnibus without head or taillights illuminatedNot more than $150
Not more than 30 Days
or both (see 375.32)
375.21-a Failure to change paint markings on selected
police vehicles in NYS within 15 days (NYSP, NYC, SYR, ...)
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.21-gNo back-up beepers on school busNot more than $150
Not more than 30 Days
or both (see 375.32)
375.21-i(a)(1)Not equipped with fire suppression systemNot more than $150
Not more than 30 Days
or both (see 375.32)
375.21-a(a)(2)Not equipped with an automatic suppression system
manufactured on or after 9/1/2007
Not more than $150
Not more than 30 Days
or both (see 375.32)
375.22 Visibility distorted by fractured or discolored glassNot more than $150
Not more than 30 Days
or both (see 375.32)
375.23 No interior door handles (for hire vehicle)Not more than $150
Not more than 30 Days
or both (see 375.32)
375.24 Improperly equipped with television receiverNot more than $150
Not more than 30 Days
or both (see 375.32)

 

Violations Page 11

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.24-aWearing more than one earphone attached to radio... Not more than $150
Not more than 30 days
or both (see 375.32)
375.25(a)Inadequate or no splash guards on certain vehicles
(trucks, etc.)
Not more than $150
Not more than 30 days
or both (see 375.32)
375.26Using gong or siren unlawfullyNot more than $150
Not more than 30 days
or both (see 375.32)
375.27 Inadequate or no flag or light on load which overhangs
vehicle, front or rear by 4 feet
Not more than $150
Not more than 30 days
or both (see 375.32)
375.28 Unnecessary smoke or vapors from vehicleNot more than $150
Not more than 30 days
or both (see 375.32)
375.28-a Removal, dismantling or causing to be inoperative,
any air pollution control system
Not more than $150
Not more than 30 days
or both (see 375.32)
375.28-b No crankcase ventilating system (Motor vehicle
manufactured after 6/30/63)
Not more than $150
Not more than 30 days
or both (see 375.32)
375.28-f(c)

False statement - exhaust emission control device

Chart BMisd.

 

Violation Page 12

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.28-f(f) No approved emission control device where required1st violation-$750
($450 waived if device required is installed)
2nd violation-$750 Fine may not be waived
375.29(a)Towing more than one other vehicleNot more than $150
Not more than 30 days
or both (see 375.32)
2 points
375.29(b)Exceptions
375.29(c)Vehicle towed with non-rigid connection
over sixteen feet
Not more than $150
Not more than 30 days
or both (see 375.32)
2 points
375.29(d)No licensed driver in vehicle being towed
by non-rigid connection
Not more than $150
Not more than 30 days
or both (see 375.32)
2 points
375.29-aImproperly secured dollyNot more than $150
Not more than 30 days
or both (see 375.32)
375.30Driver's view obstructed (Objects hanging
in vehicle)
Not more than $150
Not more than 30 days
or both (see 375.32)
375.31 Muffler and exhaust violationsNot more than $150
Not more than 30 days
or both (see 375.32)
375.31(a) Sale, installation or use of "straight pipes"
on a motorcycle
Not more than $150
Not more than 30 days
or both (see 375.32)

 

Violation Page 13

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.34 No back-up light or back-up light improperly
lighted (e.g. vehicle moving forward)
Not more than $150
Not more than 30 days
or both (see 375.32)
375.35(b)

Sale of illegal tire

Chart BMisd.

375.35(c) Unsafe tireNot more than $150
Not more than 30 days
or both (see 375.32)
375.35-a Use of studded tire between (May 1st thru October 15th)Not more than $150
Not more than 30 days
or both (see 375.32)
375.36(b) No slow moving vehicle emblemNot more than $150
Not more than 30 days
or both (see 375.32)
375.36(c)Improper use of slow moving vehicle emblemNot more than $150
Not more than 30 days
or both (see 375.32)
375.39 No front windshield defrosterNot more than $150
Not more than 30 days
or both (see 375.32)
375.40(a & b)Inadequate or no stop lampsNot more than $150
Not more than 30 days
or both (see 375.32)
375.41.1Improper use of white lightsNot more than $150
Not more than 30 days
or both (see 375.32)

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.41.2Improper use of red lightsNot more than $150
Not more than 30 days
or both (see 375.32)
375.41.3Improper use of amber lightsNot more than $150
Not more than 30 days
or both (see 375.32
375.41.4Improper use of blue lightsNot more than $150
Not more than 30 days
or both (see 375.32
375.41.5Improper use of green lightsNot more than $150
Not more than 30 days
or both (see 375.32
375.42No or improper speedometerNot more than $150
Not more than 30 days
or both (see 375.32
375.43 Sale by dealer of vehicle without required equipmentNot more than $150
Not more than 30 days
or both (see 375.32
375.44No or improper sign on driver education vehicleNot more than $150
Not more than 30 days
or both (see 375.32
375.45No placard-hydrocarbon powered vehicleNot more than $150
Not more than 30 days
or both (see 375.32
375.47 Unlawful use of audio amplification equipment
Effective 1/1/89)
Chart E

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
375.48(b)Bumper violationsNot more than $150
Not More than 30 days
or both (see 375.32)
375.50Taxi not equipped with partition or amber distress lightsNot more than $150
Not More than 30 days
or both (see 375.32)
375.51(a)Taxi or Livery. No notice regarding seat beltsChart A
376.1(a) Vehicle not properly equipped with signaling
devices, reflectors or lamps
Chart A
376-a.3Authorizes police officer to allow defect to be corrected
and not issue a summons
376-a.4A complaint shall be dismissed by the court if defect
is corrected within the time frame (See statute for list of defects)
377.1Load on vehicle not securely fastenedChart FMisd.
380-aFailure to cover loose cargo when requiredChart B

 

Violation Page 16

21 Dec

SECTION 381 APPLIES TO MOTORCYCLE EQUIPMENT
All 381 violations, unless otherwise stated, are
punishable by a fine not exceeding $100.00 or by
imprisonment not exceeding 30 days, or both. Sec. 381.13
SECTIONVIOLATIONPENALTYMISCELLANEOUS
381.1(a)Inadequate brakesChart A4 points
381.1(a)No hornsee 381 violations above
381.1(a)Insufficient lightssee 381 violations above
381.1(a)Insufficient mufflersee 381 violations above
381.1-a Front brakes required on motorcycles manufactured
after 1/1/79
see 381 violations above
381.2-a Unapproved lamps (ex., to bright)see 381 violations above
381.3 Unauthorized lights (ex., wrong color headlamp
or unauthorized use of emergency color lights)
see 381 violations above
381.4 Inadequate or no reflector on rearsee 381 violations above

 

Violations Page 17

21 Dec

SECTION 381 APPLIES TO MOTORCYCLE EQUIPMENT
All 381 violations, unless otherwise stated, are
punishable by a fine not exceeding $100.00 or by
imprisonment not exceeding 30 days, or both. Sec. 381.13
SECTIONVIOLATIONPENALTYMISCELLANEOUS
381.5Improper handlebars
(More than the height of the operators shoulders)
see 381 violations above
381.6Unapproved or no protective helmetsee 381 violations above
381.7Unapproved or no goggles or face shieldsee 381 violations above
381.8Unapproved windscreensee 381 violations above
381.9 Sale of unapproved goggles or face shieldsee 381 violations above
381.9-a Sale of unapproved helmetssee 381 violations above
381.10 No rear view mirrorsee 381 violations above
381.11 Inadequate, altered or use of "straight pipe" exhaust systemsee 381 violations above
381.12Improper exhaust device which allows modificationssee 381 violations above

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
382.1Sale of illegal brake fluidChart BMisd.
382.2Illegal labeling of brake fluidChart BMisd.
382-aSelling unapproved brake liningChart BMisd.
382-bImproper service brake systemChart A
382-cInadequate or no occupant compartment protectionChart A
383.1 Inadequate or no safety beltsChart A
383.2Sale of vehicle without approved seat belt assembly anchorageChart A
383.3Sale of unapproved safety beltChart A
383.4Sale or lease of certain vehicles without safety beltsChart A
383.4-aFailure to equip school bus with safety belt for driverFine not to exceed $50
383.4-aFailure of school bus driver to use safety belt Fine not to exceed $50
383.5(a) No seat belts or increased seat back padding for
passengers on a school bus manufactured after 7/1/87
Chart A
383.5(b) Improper safety belts retrofitted school busesChart A

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
DIMENSIONS AND WEIGHTS OF VEHICLES
385.1(a)(i)Overwidth vehicleChart G - 1
385.1(b)Overwidth farm equipment (12 feet or less)Chart G - 1
385.1(c)Overwidth farm equipment (between 12 feet and up to 17 feet)Chart G - 1
385.1(d)Overwidth farm equipment owned or in possession of dealerChart G - 1
385.1(e)Overwidth school bus (over 98 inches)Chart G - 1
385.1(f)Overwidth passenger bus (Over 102 inches with
capacity of 7 or more passengers)
Chart G - 1
385.1(g)Overwidth rack carrying hay, straw or unthreshed
grain (120 inches at top,102 inches elsewhere)
Chart G - 1

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
385.2Over-height vehicle (13 1/2 feet maximum)Chart G - 1
385.3(a)Over-length single vehicleChart G - 1
385.3(b)Overlength trailer 48 feet or semi-trailer 48 feet
combination 28 1/2 feet
Chart G - 1
385.3(c)Overlength bus, 45 feet or articulated bus 62 feetChart G - 1
385.3(e)Qualifying Over-length semi-trailers between 48 feet up
to 53 feet with qualifications
Chart G - 1
385.4(a)Overlength combination of vehicles (Not more than 65 feet)Chart G - 1
385.4(b)ExceptionsChart G - 1
385.6Weight on any one tire not to exceed 800 pounds
per inch width of tire
Chart G - 1
385.7Weight on any one wheel not to exceed 11,200 poundsChart G - 1
385.8Weight on any one axle not to exceed 22,400 poundsChart G - 2

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
385.9Weight on any 2 consecutive axles...(See Statute)Chart G - 2
385.10Maximum weight limit on 3 or more axles...(See Statute)Chart G - 2
or
Chart G - 3
385.11Maximum weight limit on solid rubber tiresChart G - 1
385.12Overload on tires - metalChart G - 1
385.14Exceeding bridge capacity or clearanceChart G - 1
385.15(a)Failed to provide an escort vehicle operated by an
individual with a valid escort certificate
1st violation - max $500
subsequent - max $1,000
per occurrence
385.15(a)Exceeded weight or dimension of permitChart G - 2
385.15(d)Failure to carry or exhibit overweight permitChart G - 1
385.17-aWeight limits on certain municipally owned vehiclesChart G - 1
386Motor vehicle sound limitsChart A
392False statement in application or alteration of recordsChart BMisd.

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
392Using a document obtained unlawfullyChart BMisd.
392Altered number plate, or documentsChart BMisd.
392-aSale or purchase of false, fraudulent
or stolen license, registration number
license plates or Identification card
Chart B1st offense - Misd.
2nd offense within
10 years is class E Felony
394.2Unlicensed driving schoolChart BMisd.
394.7Failure to keep required recordsChart BMisd.
394.8No instructor's certificateChart BMisd.
394.9Employment of felon or unfit personChart BMisd.
395Unlicensed private service bureauChart BMisd.
396.1Improper use of seal or insigniaChart A
396.2Improper use of the words "police",
“Police Department” or "P.D." on non-police vehicle
Chart A

 

Violations Page 23

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
396.3Improper use of "FD" or "Fire Department” on non-fire vehicleChart A
397Equipping or operating motor vehicle with police radio
Not more than $1,000
Not more than 6 months or both
Misd.
397-aRadar or laser detector prohibited in vehicles with
GVWR greater than 18,000 lbs. or CMV over 10,000 lbs
Not less than $25.00
Not more than $100.00
401.1(a)Unregistered motor vehicleChart H
401.1(b)Switched trailer platesChart H
401.3Change of address-registrationChart A
401.4Failure to produce registrationChart A
401.7F(b)Operating a vehicle in excess of its maximum
gross weight as stated on registration
Chart H
401.8(c)Operating a tractor and semi-trailer in excess of
its M.G.W. as stated on registration
Chart H

 

Violations Page 24

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
401.8(d)Operating a trailer in excess of its M.G.W. as stated on registrationChart H
401.13 Improper operation of vehicle with farm registrationChart A
401-bUnregistered tow truckChart BClass A Misd.
402.1(a)No distinctive plate, one plate, insecure,
(If parked, treated as parking violation)

Not less than $25
Not more than $200
Penalty contained
in 402.8
402.1(b)Dirty / covered / coated license plate
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8
402.2Plates not issued by commissioner
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8
402.2Plates from more than one state
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8
402.3No trailer plates
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8
402.4Improper plates (switched plates)
(If parked, treated as parking violation)
Not less than $25
Not more than $200
upon conviction, plates
must be surrendered
402.5Permitted improper use of numbered plates
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8
402.6 Permitting use in violation of any sect. 402 provision
(If parked, treated as parking violation)
Not less than $25
Not more than $200
Penalty contained
in 402.8

 

Violations Page 25

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
402.7selling material that will distort the image of a license plateNot less than $25
Not more than $200
Penalty contained
in 402.8
402-aFacsimile license plates, manufacturing, selling
or offering to sell decorative or facsimile license plates
Civil penalty not more than
$500.00 for each offense
403.1Tag or sticker not affixed (if parked, treat as parking violation)Chart A
403.1Unauthorized removal of registration or stickerChart BMisd.
403-aFalsifying temporary indicia or registrationChart A
410.1Unregistered MotorcycleNot less than $50
Not more than $200
Not more than 15 days
or both (See exception)
Penalty found
in 412
411.1No motorcycle plateNot less than $50
Not more than $200
Not more than 15 days
or both (See exception)
Penalty found
in 412
411.2Plates of more than one stateNot less than $50
Not more than $200
Not more than 15 days
or both (See exception)
Penalty found
in 412

 

Violations Page 26

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
411.3Improper platesNot less than $25
Not more than $200
Not more than 15 days or both
penalties found
in 412
411.4Permitted improper use of platesNot less than $25
Not more than $200
Not more than 15 days or both
penalties found
in 412
REGISTRATION OF DEALERS AND TRANSPORTERS
415.3Unregistered dealerChart Apenalties found
in 418
415.8Misuse of dealer or transporter platesChart Apenalties found
in 418
415.15Failed to notify police and commissioner of
loss, theft, etc. of dealer plates
Chart Apenalties found
in 418
415-a.1Unlicensed vehicle dismantlerSee Penal Law E Felony
415-a.1-aUnregistered salvage poolChart BA Misd.
415-a.1-b Unregistered mobile car crusherChart BA Misd.
415-a.1-c Unregistered itinerant vehicle collectorChart BA Misd.

 

Violations Page 27

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
415-a.5(a)Failed to record or kept improper records
(vehicle dismantlers, salvage pool, mobile
car crusher or itinerant vehicle collector).
See 415-a.6(b)
In addition, a civil penalty
amount not to exceed $1,000
for each violation
A Misd.
415-a.8(a)Failure of vehicle rebuilder to maintain and produce records Chart BA Misd.
415-a.9(a)Uncertified scrap processorChart BA Misd.
415-a.9(b)Scrap processor - failed to produce recordsChart BA Misd.
415-a.10(a)Uncertified scrap collectorChart BA Misd.
415-a.10(b)Scrap collector - failed to produce recordsChart BA Misd.
415-a.12(b)Failure to display certification or Identification numberChart BA Misd.
416Limited use of dealers and transporter platesChart BA Misd.

 

Violations Page 28

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
417-a.1(a)Failure of dealer to make mandatory disclosures
prior to sale regarding vehicle history (Example,
former taxi, police vehicle, Lemon Law repurchase)
Civil penalty of not more
than $1000 for
each violation
Penalty found at
417-a.4 and 5
417-a.1(b)Failure of dealer to disclose prior to sale that
vehicle was a drivers education car
Civil penalty of not more
than $1000 for
each violation
Penalty found at
417-a.4 and 5
417-a.2Failure of dealer to provide a certificate of prior
non-conformity
Civil penalty of not more
than $1000 for
each violation
Penalty found at
417-a.4 and 5
417-b.1Failure of dealer to disclose vehicle not equipped
with tamper resistant odometer
Civil penalty of not more
than $1000 for
each violation
Penalty found at 417-b.4
420Failure to remove plates upon transfer of ownershipChart A
421.2Sale of vehicle or part with identification number
defaced or removed (business)
See Penal LawE Felony
421.3Sale of vehicle or part with identification number
defaced or removed (person other than business)
See Penal LawE Felony
425.1Failed to give notice of repossession and return platesChart A

 

Violations Page 29

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
425.2Failed to return plates of vehicle held under lien,
upon request, to registrant or D.M.V.
Chart A
426False statement on stolen vehicleSee Penal LawE Felony
426Receiving or transferring stolen motor vehicle with
intent to procure or pass title
See Penal LawE Felony
426Knowing possession of stolen motor vehicle or motorcycleSee Penal LawE Felony
429.1(a)Failure to give notice of acquisition of junk or salvage
vehicle by insurance company to commissioner
Chart BMisd.
See 429.6
429.1(b)Failure to give notice of acquisition of junk
or salvage vehicle by vehicle dismantler
Chart BMisd.
See 429.6
429.1(c)Failure to give notice of acquisition of junk or salvage
vehicle by person other than insurance company or
vehicle dismantler
Chart BMisd.
See 429.6
429.2(c)Failure to notify of existence of any security interest
on junk or salvage vehicle
Chart BMisd.
See 429.6

 

Violations Page 30

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
429.3Failure to destroy or deliver VIN plate before
destruction of motor vehicle
Chart BMisd.
See 429.6
431Failure to provide VINChart A
492.3Non-driver identification card-failure to notify of
change of address
Chart A
495Unlawful transfer of non-driver ID cardNot more than $250
Not more than 15 days
in jail, or both
Violation
509.1Unlicensed driver Chart I
509.1-aOperating a commercial motor vehicle
without the proper endorsement
Chart I
509.2Operating with improper class licenseChart I

 

Violations Page 31

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
509.3Operating in violation of restriction on licenseChart I
509.4Owner of vehicle permitting unlicensed operation in violation of section 509.1, 2 or 3Chart I
509.5Holding more than one unexpired New York State
license at any one time
Chart I
509.6Permitting another to use license, possession of or use of forged, fictitious or illegally obtained license,
use of another's license
Chart I
509.7 (new)Operating a CMV without being in possession of the
appropriate license for the vehicle being operated
Chart I
509.7 (old)Failure to exhibit record of conviction stub to
magistrate or any person designated by commissioner
(REPEALED eff 1/29/02)
509.7-aOperating a Commercial Motor Vehicle while not medically certified...Chart I
509-aaOperating a commercial motor vehicle... while not medically certifiedChart A

 

Violations Page 32

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
509.8Failure to notify of change of addressChart I
509.9Operating without giving notice of disabilityChart I
509.10Holding a New York State license while holding a
drivers license issued by any other jurisdiction
Chart I
SECTIONS 509-D THROUGH 509-N APPLY TO MOTOR CARRIERS EXCEPT WHERE OTHERWISE INDICATED
509-dFailure to make required investigation and
inquiry concerning employees
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-d(4)Employing disqualified bus driverNot less than $100
Not more than $250
Penalty contained
in 509-o
509-eFailure to review driving record annuallyNot less than $100
Not more than $250
Penalty contained
in 509-o

 

Violations Page 33

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
509-fFailure to require bus driver to file list of violations Not less than $100
Not more than $250
Penalty contained
in 509-o
509-gFailure to require examinations or testsNot less than $100
Not more than $250
Penalty contained
in 509-o
509-hPermitting an unqualified person to operate bus carrying passengersNot less than $100
Not more than $250
Penalty contained
in 509-o
509-iFailure of bus driver to notify employer of
revocation or suspension of license
See 509-i for various
penalties and suspensions
Penalty contained
in 509-o
509-j(c)Failure to submit required affidavit of compliance
see 509-j(e) re: civil penalties & Reg consequences
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-kOperating a bus when ability or alertness is
impaired (Fatigue or illness)
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-l.1(a)Operating or having physical control of a bus within six hours
of consuming or being under the influence of an intoxicating liquor,
drug or controlled substance
Not less than $100
Not more than $250
Penalty contained
in 509-o

 

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21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
509-l.1(b)Consuming intoxicating liquor while on duty,
operating, or in physical control of a bus
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-l.1(c)Possession of a drug, controlled substance or
intoxicating liquor while on duty, operating or in
physical control of a bus
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-l-2(a)Permitting or requiring a driver to violate
any provision of subdivision (1)
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-l-2(b)Permitting or requiring a driver to be on duty
or operate a bus if he appears to have consumed
intoxicating liquor, a drug or controlled substance within 6 hours
Not less than $100
Not more than $250
Penalty contained
in 509-o
509-nExempt Carriers - failure to furnish affidavit of complianceNot less than $100
Not more than $250
Penalty contained
in 509-o
SECTIONS 509-q THROUGH 509-v APPLY TO COMMERCIAL MOTOR CARRIERS
509-qFailure to supply application for employmentNot less than $250
Not more than $1000
Penalties contained
in 509-w
509-rFailure of commercial motor carrier to make an
investigation of commercial driver it hires
Not less than $250
Not more than $1000
Penalties contained
in 509-w
509-sFailure of commercial motor carrier to make an annual
review of driving record of commercial driver it employs
Not less than $250
Not more than $1000
Penalties contained
in 509-w
509-tFailure of driver to supply a record of violationsNot less than $250
Not more than $1000
Penalties contained
in 509-w
509-uFailure of carrier to maintain a commercial drivers qualification fileNot less than $250
Not more than $1000
Penalties contained
in 509-w

 

Violations Page 35

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
510.7Failure to surrender suspended or revoked license or registrationChart BMisd.
511.1(a)Aggravated unlicensed operation - 3rd degreeChart JMisd.
511.1(c)Aggravated unlicensed operation - 3rd degree
If vehicle has a GVWR over 18,000 lbs
Chart JMisd.
511.2(a)Aggravated unlicensed operation - 2nd degreeChart JMisd.
511.3(a)Aggravated unlicensed operation - 1st degreeChart JE Felony
511-a.1Facilitating unlicensed operation - 3rd degreeChart K
511-a.3Facilitating unlicensed operation - 2nd degreeChart KMisd.
511-a.4Facilitating unlicensed operation - 1st degreeChart KE Felony

 

Violations Page 36

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
511-dAggravated failure to answer appearance
tickets or pay fines imposed
"Sentence of the court
must be;
(i) A fine of not less than $500
(No max stated)
(ii) A term of imprisonment of
not more than 180 days, or both"
Misd.
512Operating while registration suspended or revokedChart LMisd.
514.7Failure to report conviction, bail forfeiture or failure to appearNot more than $25
for each separate offense
515Altered record of convictionChart A
530.6Restricted use license violationChart A
551.1Operating an escort vehicle with out possessing and escort cert.$200-$500Traffic Infraction
551.2Operating an escort vehicle with a canceled escort cert.$500-$1,000Traffic Infraction
551.3Operating an escort vehicle in violation of any rule or reg. of
Commissioner of Transportation
$100-$300Traffic Infraction
600.1Leaving the scene of a property damage incident (real or personal)Chart M3 points
600.2Leaving the scene of a personal injury incidentChart M3 points / Misd. / Felony

 

Violations Page 37

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
601Leaving the scene of injury to animalChart N3 points
605Failure to report accidentChart BMisd., grounds
for suspension (605.2)
1101NOT A CHARGABLE OFFENSE - see letter # 2 after index
1102Failed to comply with order of police officerChart A2 points
1110(a)Failed to obey traffic control device Chart A0 or 2 points*
* 0 points if relating to occupancy requirements for high occupancy vehicles which occur on preferential use lanes
established by State D.O.T. (added 5/25/94) NYCRR 131.57(viii). SEE LETTER #1 AFTER INDEX RE: 2 POINTS
1111(a)(1)Failed to yield R.O.W. green lightChart A3 points
1111(a)(2)Failed to yield R.O.W. green arrowChart A3 points
1111(b)(3)Pedestrian crossed against yellow signalChart A
1111(d)1Failed to stop for red lightChart O-1
or
Chart O-2
3 points
1111(d)2aFailed to stop before making right on redChart A3 points

 

Violations Page 38

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1111(d)2bFailed to stop before making left on red onto one way streetChart A3 points
1111(d)3Failed to stop at red arrowChart A3 points
1111(d)4Pedestrian crossed on red signalChart A
1111(d)5School buses, when transporting pupils, shall
not proceed when facing a steady red signal
Chart A3 points
1111(e)Failed to obey traffic signal aheadChart A3 points
1111(f)Failed to stop at a traffic control signal
at a place other than an intersection
Chart A3 points
1111-aRemote monitoring device - City with pop. over 1 million.
owner liable for failure of operator to comply with traffic
control device. Violations evidenced by photo
monitoring device
Not to exceed $50
or fines by local law
No points
1111-a(f)
1111-bRemote monitoring device. There are 6 sections. One each for Nassau, Yonkers, Buffalo, Rochester, Suffolk & SyracuseNot to exceed $50
or fines by local law
No points
1111-b(f)
1111-cOwner liability for failure of operator to comply with bus lane restrictions. New York CityNot to exceed $115 plus an additional $25 for each violation for failure to appear.No points
1111-c(f)
1111-dOwner liability for failure of operator to comply with traffic controlled indications. City of New Rochelle, City of Albany, City of Mt. VernonNot to exceed $50 plus an additional $25 for each violation for failure to appear.No points
1111-d(f)

 

Violations Page 39

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1112(b)Pedestrian crossed on flashing "DON'T WALK" signal or upraised handChart A
1112(c)Pedestrian crossed on steady "DON'T WALK" signal or upraised handChart A
1113(a)Vehicle failed to stop at flashing red lightChart A3 points
1114(a)Placed, maintained or displayed unauthorized traffic control deviceChart A
1114(b)Commercial advertising on traffic control deviceChart A
1115(a)Defacing, altering, removing, etc. official traffic
control devices, bridges, fences, etc.
Chart A
1116(e)Traveling in lane controlled by red X signalChart A3 points
1117Failed to stop at a malfunctioning traffic control signalChart A3 points
1120(a)Failed to keep rightChart A3 points
1120(b)Failed to keep right in right lane - slower vehicle Chart A3 points
1120(c)Failed to keep right, 4 or more lanesChart A3 points
1121Failed to give one half of roadway on narrow roadsChart A3 points
1122(a)After passing, pulled back in when not safely clear
of passed vehicle
Chart A3 points

 

Violations Page 40

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1122(b)Failed to give way to passing vehicleChart A3 points
1122-aOvertaking a bicycle - failed to pass on left
at a safe distance
Chart A3 points
1123(b)Passing on the shoulder or off the pavementChart A3 points
1124Interfered with safe operation of any vehicle
approaching or any vehicle overtaken
Chart A3 points
1125(a)Drove to left on crest or curve at railroad crossing, bridge or tunnelChart A3 points
1126(a)Drove to left of pavement markings - no passing zoneChart A3 points
1127(a)One-way traffic - driving the wrong directionChart A3 points
1127(b)Failed to keep right around a circular intersectionChart A3 points
1128(a)Unsafe lane changeChart A3 points
1128(b)Driving in center lane of 3 lane roadChart A3 points
1128(c)Failed to use designated lane for slow trafficChart A3 points
1128(d)Crossed no passing markings (same direction)Chart A3 points

 

Violations Page 41

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1129(a)Following too closelyChart A4 points
1129(b)Failed to leave sufficient space between vehiclesChart A4 points
1129(c)Failed to allow sufficient space between vehicles of
a caravan or motorcade
Chart A4 points
1130.1Driving across or within a dividing space, barrier
or section of divided highway
Chart A2 points
1130.2Improper entrance or exit from controlled access highwayChart A2 points
1131Driving on shoulders or slopesChart A2 points
1140(a)Failed to yield R.O.W. to a vehicle already in the intersection Chart A3 points
1140(b)Failed to yield R.O.W. - Vehicle on left yields to
vehicle on the right when both vehicles enter
inter section at the same time
Chart A3 points
1141Vehicle turning left yields R.O.W. to approaching
vehicles from opposite direction
Chart A3 points

 

Violations Page 42

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1142(a)Vehicle at stop sign must yield R.O.W. to vehicle entering intersectionChart A3 points
1142(b)Failed to yield R.O.W. at yield signChart A3 points
1143Failed to yield R.O.W. while entering or crossing a highwayChart A3 points
1144(a)Failed to yield R.O.W. to emergency vehiclesChart P3 points
1144-a(a)Failed to exercise due care to avoid colliding with an authorized emergency vehicle, hazard vehicle, or vehicle displaying a blue or green light. Chart A3 points
1144-a(b)
Failed to exercise due care to avoid colliding with a hazard vehicle...
effective 1/1/2012
Chart A3 points
1144-a(c)...to exercise due care to avoid colliding with a vehicle displaying a blue or green light... Effective January 17, 2017Chart A3 points
1145Failed to yield R.O.W. to traffic already in a traffic circleChart A3 points
1146(a)Failed to use due care to avoid colliding with any
bicycles, pedestrians or domestic animals
Chart A2 points
1146(b)1Failed to use due care...
and caused physical injury
1st. not more than $500
15 days or both

2nd within 5 years
Not more than $1,000
15 days or both or
participation in a motor vehicle prevention course
Court may impose Community Service 1146(e)
Traffic Infraction
2 points

Class B Misd
2 points
1146(c)1Failed to use due care...
and caused serious physical injury
1st. not more than $750
15 days or both

2nd within 5 years
Not more than $1,000
15 days or both or
participation in a motor vehicle prevention course
Court may impose Community Service 1146(e)
Traffic Infraction
2 points

Class B Misd
2 points
1146-a.1Failed to use due care when approaching a horseChart A
1146-a.2Failed to use reasonable and prudent speed while approaching a horse or failed to pass horse
at a reasonable distance
Chart A
1146-a.3Sounded horn while approaching or passing a horseChart A
1151(a)Failed to yield R.O.W. to pedestrianChart A3 points
1151(b)Pedestrian proceeded into path of vehicleChart A

 

Violations Page 43

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1151(c)Vehicle approaching from rear passed a
vehicle stopped for pedestrians
Chart A3 points
1151-aVehicle emerging from alleyway, driveway, etc.
failed to yield R.O.W. to pedestrian on sidewalk
Chart A3 points
1152(a)Pedestrian crossing at other than crosswalk
failed to yield R.O.W. to vehicles
Chart A
1152(c)Pedestrian crossing intersection diagonally (jaywalking)Chart A
1153(a)Failed to yield R.O.W. to a blind personChart A3 points
1153(b)Improper use of white cane / Use by unauthorized personChart A
1155Pedestrian failed to use right half of crosswalkChart A
1156(a)Pedestrian failed to use sidewalk when availableChart A
1156(b)pedestrian failed to walk facing trafficChart A
1157(a)Soliciting ride (Hitchhiking)Chart A

 

Violations Page 44

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1157(b)Soliciting for watching or guarding parked vehicleChart A
1157(c)Occupying State highway for selling or solicitingChart A
1160(a)Improper right turnChart A2 points
1160(b)Improper left turn on two-way roadChart A2 points
1160(c)Improper left turn on one-way roadwayChart A2 points
1160(d)Failed to turn as required by signs or markingsChart A2 points
1160(e)Improper U-turnChart A2 points
1161U-turn on curve, crest or School Zone. (updated Oct 2013)Chart A2 points
1162Unsafe startingChart A2 points
1163(a)Improper or unsafe turn or lane change, or failed to signal intentChart A2 points
1163(b)Failed to give enough notice of intent to turn
or change lanes (Minimum 100 feet)
Chart A2 points

 

Violations Page 45

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1163(c)Stop or decrease speed suddenly without signalingChart A2 points
1163(d)Improper use of signalsChart A2 points
1163(e)Failed to use or improper use of four-way flashersChart A2 points
1164(a)Failed to use signal lamps or hand signalsChart A2 points
1165Improper hand signalsChart A2 points
1166(a)Improper right turn into an alley, driveway, etc.Chart A2 points
1166(b)Improper left turn - not at intersectionChart A2 points
1166(c)Improper left turn while on a one-way roadway,
into an alleyway, roadway, etc.
Chart A2 points
1170(a)Failed to stop at railroad crossing (minimum 15‘ ) when requiredChart A5 points
1170(b)Driving through, around or under barrier or gate at RR crossing Chart Q5 points
1171(a)Failed to stop at railroad crossing - certain vehiclesChart A5 points

 

Violations Page 46

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1171(c)Failed to approach a RR grade crossing at a rate of speed that
would permit vehicle to stop if necessary... (eff 4/29/02)
Chart A3 points
1171(d)Driver of CMV failed to check Street-railway grade crossing...Chart A3 points
1171(e)Driver of CMV failed to obey a traffic control device or direction
of a police officer at a RR crossing
Chart A3 points
1172(a)Failed to stop for stop signChart A3 points
1172(b)Failed to stop for yield sign when requiredChart A3 points
1173Failed to stop when emerging from alley,
driveway, private road or building
Chart A2 points
1174(a)Failed to stop for school busChart R5 points
1174(b)Failed to keep school bus haltedChart A2 points
1175Obstructing traffic at intersectionsChart A2 points
1176Obstructing highway - railroad grade crossingChart A3 points

 

Violations Page 47

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1180(a)Speed not reasonable and prudent under conditionsChart S3 points
1180(b)Speeding - 55 m.p.h. zone or other established maximum speed limitChart T-1points based on mph
over limit. 1180 b,c,d,f
over 40 - 11 points
31 to 40 - 8 points
21 to 30 - 6 points
11 to 20 - 4 points
1 to 10 - 3 points
1180(c)Speeding in school zone school days between 7 AM and 6 PMChart T-2points based on mph
over limit. 1180 b,c,d,f
over 40 - 11 points
31 to 40 - 8 points
21 to 30 - 6 points
11 to 20 - 4 points
1 to 10 - 3 points
1180(d.1)Speeding in zoneChart T-1points based on mph
over limit. 1180 b,c,d,f
over 40 - 11 points
31 to 40 - 8 points
21 to 30 - 6 points
11 to 20 - 4 points
1 to 10 - 3 points
1180(d.2)Speeding on any restricted highwayChart Upoints based on mph
over limit. 1180 b,c,d,f
over 40 - 11 points
31 to 40 - 8 points
21 to 30 - 6 points
11 to 20 - 4 points
1 to 10 - 3 points
1180(e)Failed to drive at appropriate reduced speed
when approaching special hazards
Chart S3 points
1180(f)Speeding in posted work area speed zone (new surcharge, eff 11/05)Chart Upoints based on mph
over limit. 1180 b,c,d,f
over 40 - 11 points
31 to 40 - 8 points
21 to 30 - 6 points
11 to 20 - 4 points
1 to 10 - 3 points
1180-b
(effective 25 July 2014, expires 25 July 2018
Owner liability for failure of operator to comply with certain posted speed limits in New York CityMAX $50 for each violationplus an additional penalty not in excess of $25 for each violation for failure to appear. see 1180-b(e)
1180-c
Effective 7/25/2014.
Expires 6/25/2018
Owner liability for failure of operator to comply with posted speed limits in school zone - Nassau and Suffolk CountiesMAX $50 for each violationplus an additional penalty not in excess of $25 for each violation for failure to appear. see 1180-c(e)

 

Violations Page 48

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1180(g)(i)Use of radar or laser detector in vehicle with GVWR > 18,000 lbs or a CMV with a GVWR > 10,000 and driving in excess of speed limit Chart U
1181(a)Driving too slow - impeding the normal and
reasonable movement of traffic
Chart A3 points
1181(b)Driving too slow in zoneChart A3 points
1182.1Unauthorized speed contestChart VMisd.
1192.1Driving while ability impaired by alcoholChart YMisd. if special vehicle,
otherwise, traffic infraction
1192.2Driving while intoxicated with .08 of one percent alcohol
(effective 5/15/03)
Chart Z
or
Chart AA
Misd. or Felony
1192.2-a(a)Aggravated DWI -.18 of one percentum or
more of alcohol (eff. 11/1/06)
Chart Z
or
Chart AA
or
Chart CC
Misd. or Felony
1192.2-a(b)Aggravated DWI with a passenger 15 years
of age or less
Chart Z
or
Chart AA
or
Chart CC
Misd. or Felony
1192.3Driving while in an intoxicated conditionChart Z
or
Chart AA
Misd. or Felony
1192.4Driving while ability impaired by drugsChart Z
or
Chart AA
Misd. or Felony
1192.4-aDriving while ability impaired by the combined influence
of drugs or of alcohol and any drug or drugs
Chart Z
or
Chart AA
or
Chart CC
Misd. or Felony

 

Violations Page 49

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1192.5D.W.A.I. per se level I - Commercial Motor VehiclesChart BBT.I. / Misd
1192.6D.W.I. per se level II - Commercial Motor VehiclesChart CCMisd / E Felony
1192-aOperating a motor vehicle after consuming alcohol / under 21Chart DDnot a crime or offense
1194.1(b)Refuse to submit to a breath testChart A
1194.2Refuse to submit to a chemical testChart EE
1196.7(e)Violation of conditional license$200 - $500
Not more than 15 days imprisonment, or both
Conditional license or privilege is revoked by Commissioner
1198.7(a)Use of vehicle without ignition interlock deviceChart BMisd
1198.7(b)Knowingly renting, leasing or lending
a vehicle w/o ignition interlock device
Chart BMisd
1198.8Allows use of employer vehicle w/o ignition interlock device
1198.9(a)Circumventing ignition interlock device by having another
person to blow into device ...
Chart BClass A Misd
1198.9(b)Blowing into ignition interlock device .... for purpose of providing
an operable vehicle to a person so restricted
Chart BClass A Misd
1198.9(c)Tampering with an operable ignition interlock deviceChart BClass A Misd
1198.9(d)Operating a vehicle w/o ignition interlock deviceChart BClass A Misd
1200(d)Failed to obey signs prohibiting, restricting,
or limiting stopping, standing or parking
Chart A
1201(a)Stopping, standing or parking onto a main traveled part of highwayChart A
1201(a)Failed to leave width for passage of other vehiclesChart A
1202(a)(1)Parking, standing or stopping in specific prohibited placesChart A
1202(a)1kSelling frozen deserts to pedestrians on a highway
with speed limit over 30 mph.
Chart A

 

Violations Page 50

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1202(a)(2)Parking or standing in specific prohibited placesChart A
1202(a)(3)Parking within 50 feet of railroad crossingChart A
1202(b)Stopped, standing or parked within 15 feet of hydrantChart A
1202(b)2Stopped, standing or parked within 15 feet of hydrant
while hindering a fire vehicle access to hydrant during
an emergency
Chart A-1
1202(c)Moved vehicle into prohibited area or away from curbChart A
1203(a)Angle parked, stopped, or standing more than
12 inches from curb or edge on two way street
Chart A
1203(b)Angle parked, stopped, or standing more than
12 inches from curb or edge on one way street in the direction
of authorized traffic movement (left wheels to left curb, right to right)
Chart A
1203(c)Wrong wheels to curbChart A

 

Violations Page 51

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1203-a.4Falsely obtaining a hadicap parking permitCivil Penalty
$250 - $1,000
1203-c.1Failure to designate off-street spaces for handicappedFine up to $250
see 1203-c.3
1203-c.4Parking in off-street spaces reserved for handicapped.
Vehicle may be towed.
1st - $50 TO $75
2nd (within 2 years)
$75 TO $150
1203-eDumping snow onto parking places for handicapped prohibited.

May be exceeded by local law.
1st - $25.00
2nd and subsequent
not to exceed $100
max $50 if under Local law
max $200 if under Local Law
1203-h.6Falsely obtaining a metered parking waiverCivil Penalty
$250 - $1,000
1210(a)Unattended vehicle - engine running, ignition unlocked, key not removed, brake not set or front wheels
not turned properly
Chart A
1210(c)Towing agency - failure to notify police of vehicle removalChart A
1211(a)Backing unsafelyChart A2 points
1211(b)Backing on controlled access highwayChart A2 points
1211(c)Driver of retail sale ice cream truck backed up to make a saleChart A2 points
1212Reckless drivingChart WMisd. / 5 points
1213(a)Driver's view or control obstructed by overloadingChart A2 points
1213(a)More than three persons in front seatChart A2 points

 

Violations Page 52

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1213(b)Passenger interfered with driver's view or controlChart A
1214Opening door in unsafe manner or leaving door
open so as to interfere with movement of traffic
Chart A
1215Failed to keep right or give audible warning on mountain highwayChart A2 points
1216Coasting in neutral or with A clutch disengaged
when traveling down a grade
Chart A2 points
1217Followed fire apparatus too closelyChart A4 points
1217Parked within block where fire apparatus stopped
or within 1,000 feet if there is no block
Chart A2 points
1218Crossed fire hoseChart A2 points
1219(a)Put glass or other injurious substances on highwayChart A
1219(b)Failed to remove destructive or injurious material from highwayChart B
1219(c)Failed to remove glass from highwayChart B

 

Violations Page 53

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1220Threw refuse on highway or adjacent lands1st offense - Fine not to exceed $350
and/or Public Service not to exceed 10 hours
2nd offense - Fine not to exceed $700
and/or Public Service not to exceed 15 hours
1220-b.1Unlawful solicitation of ground transportation services at airportChart X
1220-cWorking on a State highway without a work permitChart A
1221Drove through a Safety ZoneChart A
1222.2More than 5 persons under 18 years in back of truck
traveling in excess of 5 miles when there is no one
over 18 years of age in back of truck
Chart A
1224.7Abandoning VehicleFine: $250 to $1,000. If in city with population over
1 million, then $250 to $1,000 plus civil penalty of
$250 to $1,000
1225Avoiding intersection or traffic control devicesChart A2 points
1225-aDriving on sidewalkChart A2 points
1225-b.1Person operating a retail sale of ice cream failed to
obey safety rules
Maximum fine, $50

 

Violations page 54

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1225-c.2(a)Operating a motor vehicle while using a mobile device ( cell phone )Not more than $100
expires 7/26/2013

See Chart A-2 for new fines
effective 11/1/2014
5 points
effective 6/1/2013
1225-d.1Operating a motor vehicle while using a portable electronic deviceNot more than $150
expires 7/26/2013

See Chart A-2 for new fines
effective 11/1/2014
5 points
effective 6/1/2013
1226No hands on steering wheel or steering mechanismChart A
1227.1Consumption of or possession of an open container
containing an alcoholic beverage in a motor vehicle
Chart A
1228Riding in house coach trailerChart BMisd.
1229Failed to display U.S. Mail sign on private
vehicle used to deliver U.S. Mail
Not more than $25
Not more than
10 days
imprisonment,
or both
1229-a(a)Pedestrian on State expressway or State route
(including entrances and exits)
Chart A
1229-a(b)Bicycle, pushcart, animals or animal drawn vehicle
on State expressway or State interstate route
(including entrances and exits)
Chart A
1229-bOperating school, camp or charter bus with
standees (more than 10 miles)
Chart Asee 1229-b.1(a)
for exceptions

 

Violations Page 55

21 Dec

SECTION 1229-C APPLIES TO SEAT BELTS AND CHILD RESTRAINT DEVICES
SECTIONVIOLATIONPENALTYMISCELLANEOUS
1229-c.1Child under 4 in back seat not restrained, or if over 40 lbs
not in an approved child seat or restraint system, or
over 4 but under 8, not restrained
or
Passenger under age of 16 in back seat
not restrained by safety belt
Not less than $25
Nor more than $100
3 points
1229-c.2All front seat passenger under age of 16
shall be restrained by safety belt, or
Child under four in front seat not restrained on an approved
seat or restraint system if over 40 lbs, or over 4 but under 8,
not restrained in appropriate system

Not less than $25
Nor more than $100
3 points
SECTIONVIOLATIONCIVIL FINEWAIVER OF FINE, 1229-C.6
1229-c.3Unrestrained driver or any unrestrained passenger
in front seat over 16 years
Civil fine up to $50
1229-c.3-aFailure to use safety belt or
specially designed seat
Civil fine up to $50

 

Violations Page 56

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1229-c.11All persons under age of four in a school bus must be
restrained in approved seat
not less than $25.00
not more than $100.00
1229-c.13Operating a school bus with no applicable Federal school
bus safety standards unless all occupants are restrained...
not less than $25.00
not more than $100.00
EXCLUSIONS
1229-c.4School buses carrying children over 4 years of age / Authorized emergency vehicles
1229-c.61st violation with respect to passengers under age 7, waived upon proof of purchase or rental
1229-c.7Persons with physical disability which would prevent appropriate restraint
1229-c.9Does not apply to taxis, liveries or buses, other than school buses
1229-c.10Person employed as rural carriers during such work activities
1232(a)Riding a bicycle without a seat or without feet on pedalsChart A
1233.1Clinging to vehicleChart A
1233.2Riding on or attaching self to vehicleChart A
1235Carrying articles on bicycles which prevents driver from
keeping at least one hand on handlebar or carrying package
on skateboard which obstructs vision
Chart A

 

Violations Page 57

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1237Bicyclists failed to give hand signalsChart A
1238.1No passenger on bicycle under one year of age1st offense - No fine
2nd offense - civil fine not to exceed $50
1238.2(a)Passengers on bicycle age 1 to 5 must wear
approved safety helmet
Civil fine not to exceed $50see waiver, 1238.4
1238.2(b)Passenger age 1 to 5 must ride in approved safety seatCivil fine not to exceed $50see waiver, 1238.4
1238.5(a)No helmet - between ages 5 and 14 / pass. on bike Civil fine not to exceed $50see waiver, 1238.6(b)
1238.5(b)No helmet - between ages 1 and 14 while operating a bicycleCivil fine not to exceed $50see waiver, 1238.6(c)
1238.5-aNo helmet - between ages 1 and 14 while skatingCivil fine not to exceed $50see waiver, 1238.6(c)
1238.5-bNo helmet - < 14 years operating or riding upon a
two wheeled vehicle (scooter)
Civil fine not to exceed $50see waiver, 1238.6(c)
1240Leaving the scene of an incident, 2nd degreeViolationFine not to exceed $250
Jail not to exceed 15 days
see Penal Law
80.05.4 & 70.15.4

 

Violations Page 58

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1241Leaving the scene of an incident, 1st degreeClass B Misd.Fine not to exceed $500
Jail not to exceed 3 months
see Penal Law
80.05.2 & 70.15.2
1251(a)Two riding on seat designed for one - motorcycleChart A2 points
1251(b)Riding motorcycle sidesaddleChart A2 points
1251(c)Carrying articles on motorcycle which prevents
operator from keeping 2 hands on handlebars
Chart A2 points
1251(d)Interfered with motorcycle operator's view or control
(passenger or operator)
Chart A2 points
1252(a)Interfering with motorcyclist's full use of laneChart A3 points
1252(b)Improper passing - motorcycle in same lane as vehicle being passed Chart A3 points
1252(c)Operating motorcycle between lanes of traffic or rows of vehiclesChart A2 points
1252(d)More than two motorcycles abreast in one laneChart A2 points

 

Violations Page 59

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1253Attaching motorcycle or motorcycle driver to any other vehicleChart A2 points
1260Parent or guardian permitting violation of Article 34-B, riding horsesChart A
1261Traffic Laws apply to persons riding or leading horsesChart A
1262(a)Equestrian - interfered with flow of trafficChart A
1262(b)Equestrian-failed to ride single fileChart A
1262(c)Equestrian-failed to stop before entering highwayChart A
1263Equestrian-no person riding or leading shall carry any
package which prevents rider from keeping at least
one hand on the reigns
Chart A
1264Equestrian-riding at night (see exceptions in statute)Chart A
1265Riding a horse without a helmet (under 18 years) updated Oct 2013Civil fine
not to exceed $50.00
1271.2(b)Operating an electric personal service device
in a city with a pop. over 1 million
Chart A
1272.1Operating an electric personal service device carrying
more people than it was designed for
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.2Operating an electric personal service device
between 1/2 hour after sunset and 1/2 before sunrise
without reflective or light clothing
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.3Operating an electric personal service device
carrying packages with obstructed view, or
hands not on handlebars
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.4Operating an electric personal service device
and failing to yield right of way to pedestrians
or motor vehicles
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.5Under age operation of
an electric personal service device
Must be 16 years or older
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.6Operating an electric personal service device
in a State Park or Historic site
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1272.7Operating an electric personal service device
in excess of 8 mph or overtaking a pedestrian
without adequate space
1st violation - no fine
2nd violation - civil fine
not to exceed $50
1273.1Operating device while clinging to vehicleChart A
1273.2Vehicle operator permitting an device to attach to vehicleChart A
1274.1Failure to operate device in proper laneChart A
1274.2Failure to ride single file with other devicesChart A
1274.3Failure to come to a complete stop before entering roadwayChart A
1275.1Operating device 1/2 hour after sunset and 1/2 hour before
sunrise without proper lighting
Chart A
1275.2Operating device without bell or other audible deviceChart A
1275.3Operating device without system tha enables operator to bring
device to a controlled stop
Chart A
Operating device without proper helmet. If person is less than
14 yrs, then issue to parent or guardian.
see statute for further details
Civil Fine
not to exceed $50
waivable
see statute for details
1277.1Person 18 years or older, while operating an electric personal
assistive mobility device leaving the scene of an incident involving
such device without reporting.
Chart A
1277.2Person 18 years or older, while operating an electric personal
assistive mobility device leaving the scene of an incident
involving serious physical injury.
Chart B
1685Failed to stop or yield at railroad grade crossing stop or yield signChart A3 points

 

Violations Page 60

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
2112(b)Failure to notify Commissioner of recovery of title
certificate after duplicate issued
Chart A
2114(b)Failure of dealer to maintain recordsChart A
2119(a)Failure to deliver title certificate to lienholder upon requestChart A
2121Failure to execute release of security interestChart A
2122Failure of lienholder to disclose information as to security agreementChart A
2125(c)Improper charge for filing security interestChart A
2129(a)Failure of peace officer to report theft or recovery of vehicleChart A
2129(b)Failure to report recovery of vehicle by person who
has reported theft of such vehicle
Chart A
2130(a)(1)Altering, forging or counterfeiting a title certificateE Felony
See Penal Law
2130(a)(2)Altering or forging an assignment of a title, certificate of
title, or an assignment or release of a security interest
E Felony
See Penal Law

 

Violations Page 61

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
2130(a)(3)Knowingly possessing or using an altered, forged
or counterfeit certificate of title
E Felony
See Penal Law
2130(a)(4)Using false or fictitious name or address, or making
material false statement, or failing to disclose a
security interest or concealing material fact in
application for certificate of title
E Felony
See Penal Law
2130(a)(5)Produces, makes, manufactures or reproduces any
certificate of title, license plate or tag of any state... or
possesses any device for producing, making,
manufacturing or reproducing same
E Felony
See Penal Law
2130(b)(1)Permitting a person not entitled thereto to use or
possess certificate of title
Chart BMisd.
2130(b)(2)Failure to mail or deliver certificate of title or
application therefor to Department as required
Chart BMisd.
2130(b)(3)Failure to deliver certificate of title to transferee within 10 daysChart BMisd.

 

Motorboat Registration Violations Page 63

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2251 - 2253 APPLIES TO MOTORBOATS, FINE FOUND AT 2256.2
2251.1Unregistered, no identification or no current validation stickerAs provided
in Penal Law
Maximum fine of $100
Violation
2251.6Failure to notify Commissioner of change of address within 10 daysAs provided
in Penal Law
Maximum fine of $100
Violation
2251.7Failure to notify Commissioner of change of ownershipAs provided
in Penal Law
Maximum fine of $100
Violation
2251.8Failure to notify Commissioner of loss,
destruction, theft or abandonment within 15 days
As provided
in Penal Law
Maximum fine of $100
Violation
2253.3Display of number other than registration numberAs provided
in Penal Law
Maximum fine of $100
Violation
2257.1Unregistered dealerAs provided
in Penal Law
Maximum fine of $100
Violation
2257.6Dealer - failure to produce recordsAs provided
in Penal Law
Maximum fine of $100
Violation
2257-b.1Yacht broker - failure to certifyAs provided
in Penal Law
Maximum fine of $100
Violation
2257-b.2Yacht broker - failure to produce recordsAs provided
in Penal Law
Maximum fine of $100
Violation

 

Limited Use Vehicles Violations Page 64

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2261 - 2267 APPLY TO LIMITED USE VEHICLES
2261.1Unregistered limited use vehicleChart A
2261.2Operating limited use motorcycle in violation of
registration limitation or of local ordinance, etc.
Chart A
2262Operation of a low speed vehicle on a public highwayChart A
2264.1Failure to display number platesChart A
2264.4Permitting improper use of dealer demonstration number platesChart A
2265.1Equipment violationsChart A
2267.1Unregistered dealer - limited use vehicleChart A
2267.2Dealer acquiring limited use vehicle without VINChart A

 

Violations Page 65

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2280 - 2413 APPLY TO ALL TERRAIN VEHICLES, FINE FOUND AT 2289
2282.1Unregistered ATVChart A
2282.6(a)Unregistered ATV dealerChart A
2282.6(b)Sale of improperly equipped ATVChart A
2283.1Failed to display ATV registrationChart A
2285.5Failure to notify - destruction, theft or removalChart A
2288Permitting ATV operation by person under 16 years in
violation of any provision of this article
Chart A
2403.1Operation on highwaysChart A
2403.2Operation on public lands in violation of provisions of this articleChart A
2403.3Operation on private property without consent of ownerChart A
2403.3-aoperation on real property of a farm operationChart A

 

Violations Page 66

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2280 - 2413 APPLY TO ALL TERRAIN VEHICLES, FINE FOUND AT 2289
2404.1(a)Speed not reasonable or prudentChart A
2404.1(b)Careless, reckless or negligent operationChart A
2404.1(c)Operation on railroad tracks or right of way of an operating railroadChart A
2404.1(d)Operation in tree nursery that damages stockChart A
2401.1(e)Pulling person on skis, towing sled, etc. without use of rigid supportChart A
2404.1(f)Operation on frozen surface of public waters. See exceptionsChart A
2404.1(g)Within 100 feet of dwelling between midnight and 6 A.M.
at a speed greater than required to maintain forward momentum
Chart A
2404.1(h)Operating while intoxicated or under influence of alcohol or drugsChart A
2404.2(a)Failure to stop and yield to an emergency vehicleChart A
2404.2(b)Failure to comply with order of police officer or other duly empoweredChart A
2404.3Riding on sled, etc. without rigid supportChart A

 

Violations Page 67

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
SECTIONS 2280 - 2413 APPLY TO ALL TERRAIN VEHICLES, FINE FOUND AT 2289
2404.4Riding on ATV - not on seatChart A
2404.4Carrying passenger - ATV not designed for passengersChart A
2406.1Equipment violationsChart A
2406.2No helmetChart A
2406.3(a)Using tire studs other than automotive studsChart A
2406.3(b)Unauthorized use as an emergency vehicleChart A
2407.4Operating without insuranceChart A
2410.1Unauthorized use of ATV by person under 16 yearsChart A
2410.4Parent or guardian - permitting unlawful operation
by child under 16 years
Chart A
2410.5Owner or other person - permitting unlawful
operation by child under 16
Chart A
2413.4Failed to report accident ($600 or more in damages)Chart BMisd.

 

Boating Violations Page 68

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
32-cInterfering with navigationBOATING CHART AMisd.
32-dDumping or depositing of certain materials in Genesee Rivernot to exceed $100
not more than 30 days,
or both
33Deposit of refuse in navigable watersnot to exceed $100
not more than 1 yr,
or both
Misd. / 33-c.13(b)
33-c.2(a)Dumping or depositing sewage into waternot to exceed $100
not more than 60 days,
or both
33-c.2(b)Littering

If convicted more than twice in the same calendar year,
then violation is deemed a Misd. see 33-c.13(a) next page
not to exceed $250,
not more than 60 days,
or both

 

Boating Violations Page 69

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
33-c.3(a)Discharging untreated sewage from marine toiletnot to exceed $100
not more than 60 days, or both
Misd.
33-dSanitary facilities aboard crafts on Lake Champlain$250, 15 days or both
33-eMarine sanitation devices aboard vessels in vessel
waste no-discharge zone
fine not to exceed $500
subsequent violations
not to exceed $1,000
35Moor to navigational aid (buoy), damage,
alter location, or render ineffective
fine not to exceed $50
40.1(a)No wearable personal flotation device-
pleasure vessel, rowboat & canoe
$25 to $100
40.1(b)No type iv throwable personal flotation device-
pleasure on vessels sixteen feet or greater
$25 to $100
40.2No whistle$25 to $100
40.3No anchors$25 to $100
40.4No flame arrestor$25 to $100

 

Boating Violations Page 70

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
40.6No fire extinguisher$25 to $100
40.7No distress signals & flares$25 to $100
40.9 No bell$25 to $100
43.2(a)No lights - Classes A & 1$25 to $100
43.2(b)No lights - Classes 2 & 3$25 to $100
43.2(c)No lights - Class 4$25 to $100
43.2(d)No lights - Class 5$25 to $100
43.2(e)Lights, sail vessel, classes A & 1$25 to $100
44.2(a)Operating a pleasure vessel with a noise level
over 90dB(a) when subjected to a stationary sound level test
measured as prescribed by SAE J2005,
1st - not greater than $50 fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
44.2(b)Operating a pleasure vessel with a noise level
over 75dB(a) measured as prescribed by SAE J1970
1st - not greater than $50 fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250

 

Boating Violations Page 71

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
44.4Operating with an altered muffler or cutout...1st - not greater than $50
fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
44.5Removed, altered or modified muffler...1st - not greater than $50
fine Waivable / 44.9(a)
2nd & subseq. - not greater than $250
45.1(a)Reckless operation of a vesselBOATING CHART AMisd.
45.1(b)Operating at a speed greater than reasonable & prudent...BOATING CHART BViolation
45.1-aOperating within 100’ of a divers flagBOATING CHART BViolation
45.2Speed - exceeding 5 mph within 100’ of shore, dock...BOATING CHART BViolation
SPECIAL PROVISIONS RELATING TO RECKLESS OPERATION AND SPEED
45-aaCANANDAIGUA & KEUKA LAKES BORDERED BY ONTARIO AND YATES COUNTIES
45-aa.1(a)Pleasure vessel not operating in a careful
and prudent manner
BOATING CHART AMisd.
45-aa.1(b)Speed exceeding 45 mph (25 mph 1/2 hr
after sunset & 1/2 before sunrise)
BOATING CHART BViolation
45-aa.1-a(a)Not operating in a careful & prudent mannerBOATING CHART BViolation
45-aa.2Speed exceeding 5 mph within 200’ of shoreBOATING CHART BViolation

 

Boating Violations Page 72

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
45-aaaIRONDEQUOIT BAY
45-aaa.1Speed exceeding 25 mph within Monroe CountyBOATING CHART BViolation
45-aaa.2Causing unreasonable wake or exceeding 5 mph
within 200’ of shore
BOATING CHART BViolation
45-aaaa*GREENWOOD LAKE WITHIN ORANGE COUNTY
45-aaaa.1(a)Not operating in a careful and prudent mannerBOATING CHART AMisd.
45-aaaa.1(b)Speed exceeding 45 mph (15 mph / dusk-dawn)BOATING CHART BViolation
45-aaaa.2Exceeding 5 mph within 200’ of shoreBOATING CHART BViolation
45-aaaa*SODUS BAY - operating within prohibited areaBOATING CHART BViolation
* THERE ARE TWO SECTIONS 45-aaaa

 

Boating Violations Page 73

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
45-aaaaaLAKE ALICE WITHIN ORLEANS COUNTY
45-aaaaa.1(a)Not operating in a careful and prudent mannerBOATING CHART AMisd.
45-aaaaa.1(b)Speed exceeding 35 mphBOATING CHART BViolation
45-aaaaa.2Exceeding 5 mph within 200’ of shoreBOATING CHART BViolation
45-cc.1Reckless Operation on the Canal System (eff 1/1/04) BOATING CHART AMisd.
45-cc.2Speeding on the Canal System (eff 1/1/04)BOATING CHART BViolation
47.1(a)Leaving the scene of a property damage accidentBOATING CHART BViolation
47.2(a)Leaving the scene of a personal injury accident
where personal injury involved results in death
or serious physical injury (penal law sec.10)
1st conviction $250 - 500
Any subsequent
w/i preceding 5 years
$500 - 1,000
Class B Misd.

Class E Felony
49.1Operating a mechanically propelled vessel ....within the
boundaries of Nassau or Suffolk Counties under the age
of 18. see exceptions at 49.1a & b
BOATING CHART BViolation

 

Boating Violations Page 74

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
49.1-a.aOperating a personal watercraft or specialty prop-craft...
under age 18 without a safety certificate or accompanied
by a person over 18 who holds a safety certificate...
BOATING CHART BViolation
49.6Failed to comply with a lawful order of a police or
peace officer
BOATING CHART BViolation
49-a.2(a)Operating a vessel while ability impairedBOATING CHART C
49-a.2(b)Operating a vessel, other than a public vessel with
a B.A.C of .8 or greater (eff 11/1/03)
BOATING CHART DMisd.
49-a.2(c)Operating a Public Vessel with a B.A.C of .04 or greaterBOATING CHART DMisd.
49-a.2(d)Operating a vessel while in an intoxicated conditionBOATING CHART DMisd.
49-a.2(e)Operating a vessel while ability is impaired by drugsBOATING CHART DMisd.
49-a.4(a)Operating a vessel while privileges have been suspended$350-$750
not more than 90 days,
or both
Violation

 

Boating Violations Page 75

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
49-a.4(b)Operating a vessel while privileges have been suspended
while in violation of any 49-a.2 provision
$500-$5000
not more than 1 year, or both
Misd.
49-a.7(b)Refused to submit to a chemical test. Privilege to operate shall not be restored for 6 months.
For one year with a prior refusal within 5 years. If under 21, then for one year, or until 21.
See 49-a.7(d)(1)
Civil Penalty for 1st refusal to submit to a chemical test shall be $200 / $500 for second or subsequent within
5 years. Privilege to operate a vessel will not be restored unless such penalty has been paid.
49-b.1Operating a vessel after having consumed alcohol:
under age 21; per se .02-.07
Privilege to operate suspended for
6 months
2nd violation, 1 year or until 21, whichever is greater.

Civil penalty - $125.00 see 49-b.9(a & b) & 10(a)
see plea bargain limitations 49-b.8
49-b.3Refused to submit to a chemical test. Privilege to operate shall not be
restored for 1 year,
if such person has a prior finding,
conviction or Y.O. adj.
of 49-a or 49-b, then minimum of one year or
until 21 years of age, whichever is greater. 49-b.6(d)

 

Boating Violations Page 76

21 Dec

SECTIONVIOLATIONPENALTYMISCELLANEOUS
COMMON BOATING VIOLATIONS
UNLESS OTHERWISE NOTED, ALL VIOLATIONS REFER TO THE NYS NAVIGATION LAW
73.1Skiing with no observerBOATING CHART BViolation
73.2Skiing after sunsetBOATING CHART BViolation
73.3 Person being towed, no flotation device BOATING CHART BViolation
73.5Operating a vessel, while towing, in an unsafe mannerBOATING CHART BViolation
REGULATIONS OF PERSONAL WATERCRAFT AND SPECIALTY PROP CRAFT
73-a.1(a)Operating a personal watercraft.... without an offshore life-jacketBOATING CHART E
73-a.1(b)Personal watercraft without carb. backfire arrestorBOATING CHART E
73-a.1(c)Personal watercraft equipment violationsBOATING CHART E
73-a.1(d)Lanyard cut-off switch not attached to clothingBOATING CHART E
73-a.1(e)Operating personal watercraft between sunset & sunriseBOATING CHART E
73-a.1(f)Operating personal watercraft within 500’ of bathing area...BOATING CHART E
73-a.1(g)Operating a personal watercraft in an unreasonable
or imprudent manner
BOATING CHART E
73-a.3(b)Livery renting personal watercraft to ineligible personBOATING CHART F

 

Commercial Motor Vehicles Page 77

21 Dec

COMMERCIAL MOTOR VEHICLES

STATUTORY AUTHORITY & REGULATIONS

Sections 14-f, 138(2), 140.2, 143, 145, 211 & 212 of the State Transportation Law & Article 19-B of the NYS
State Vehicle & Traffic Law provides Statutory Authority for the Commissioner of the Department of
Transportation to promulgate regulations that apply to the operation of commercial motor vehicles on the
public highways of the State.  In general, these regulations have adopted the Federal Motor Carrier Safety
Regulations found in Title 49 of the Code of Federal Regulations (49 CFR), parts 390, 391, 392, 393, 396 &
397, and the Hazardous Materials Transportation Regulations found in 49 CFR parts 100 through 199 as
they apply to interstate transportation.
There are specific exceptions to these regulations for vehicles operated strictly in intrastate commerce.
Refer to Title 17 of the New York Code of Rules & Regulations 820.
 

Commercial Motor Vehicles Page 78

21 Dec

CMV violations are written under section 14-f & 140 of the NYS Transportation Law.

New York State, for the most part, has adopted Title 49 of the Code of Federal Regulations.  (See DOT Reg ID # TRN-22-04-00004.)  Parts 507, 819, 820, 822, 824 and section 845.3 were repealed and a new  Part 820 & 845.3 were added, effective 60 days after publication in the NYS Register dated 13 October 2004. What this means is that the State has updated its regulations to the current Federal Standards as shown in the 2003 edition of the Code of Federal Regulations.  Additional information is found:

In the NYS VTL, section 378, additional safety requirements for commercial motor vehicles,

In the NYS Transportation law, sections 14-f (HAZMAT), 140 (commercial vehicle safety), 211 & 212 (labor hours & log books),

In the NYS Tax Law, section 1815 and,

In 17 NYCRR, Parts 720 bus & passenger safety regs & 820 commercial transportation of property regs.

In this guide, CHART HAZMAT covers section 14-f & CHART CMV covers section 140, both of the NYS Transportation Law.

I have eliminated Title 49 of the Code Of Federal Regulations.  However, if you need to look them up, HAZMAT starts at section 107 and the EQUIPMENT sections start at 380.

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien, NY.

 

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien, NY.

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

 

 

 

Hours of Labor Operations Page 79

21 Dec
HOURS OF LABOR OF OPERATORS OF MOTOR TRUCKS & BUSES
See NYS Transportation Law  211 & 213 (fines)
17 NYCRR 820.06 & 11
49 CFR 395
see www.fmcsa.dot.gov, for more information
mandatory $200 fine max.
6 months or both
NYS Transportation Law 213
Driving more than the authorized hours, PROPERTY CARRYING TRUCKS
395.3(a)(1) CMV driver may drive no more than 11 hours after 10 hours off duty
395.3(a)(2) CMV driver may not drive beyond the 14 hours after coming on duty,
following 10 hours of off duty
395.3(b)(1 & 2) CMV driver may not drive after 60/70 hours on duty in 7/8 consecutive days.
Can restart the 7/8 day period by taking at least 34 consecutive hours off duty.

395.3(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty
period of 34 or more consecutive hours; or
395.3(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
see exceptions; sleeper berth exception, industry exceptions and agricultural exceptions 49 CFR 395.1

Driving more than the authorized hours, PASSENGER CARRYING VEHICLES
395.5(a)(1) CMV driver may not drive more than 10 hours after 8 hours off-duty
395.5(a)(2) CMV driver may not drive after 15 hours on-duty, following 8 hours off-duty
395.5(b)(1 & 2) CMV driver may not drive after 60 / 70 hours on-duty in a 7 / 8 consecutive days
see exceptions; sleeper berth exception, industry exceptions and agricultural exceptions 49 CFR 395.1

Section 212No log bookmandatory $200 fine
max.
6 months or both
NYS Transportation Law 213
see exceptions, section 214
 

Highway Use and Fuel Tax Page 80

21 Dec

HIGHWAY USE &  FUEL USE TAXES

ALL SECTIONS REFER TO THE NYS TAX LAW

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1815(a)(1)(A)(i) No permit or tag1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)
1815(a)(1)(A)(ii) No license or decal1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)
1815(1)(B) Operating with weight in excess of permit1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)

 

Idling Prohibition for Heavy Duty Vehicles Page 81

21 Dec

IDLING PROHIBITION FOR HEAVY DUTY VEHICLES
Statutory Authority ECL 1-0101, 3-0301, 19-0103, 19-0105,
19-0107,19-0301, 19-0303, 19-0305, 19-0320,
71-2103 (fine section), 71-2105 (criminal fine section), 6 NYCRR 217-3.2, VTL 304.c & 375.28

The NYS Environmental Conservation Law prohibits heavy duty vehicles from idling for more than 5 minutes at a time.

The Idling regulation is found in Title 6 NYCRR 217-3. This Part applies to all on-road heavy duty vehicles propelled by diesel fueled and non-diesel fueled engines excluding marine vessels.

Heavy Duty Vehicle means a vehicle that has a GVWR exceeding 8,500 lbs and is designed primarily for transporting persons or properties. section 217-3.1.

SECTIONVIOLATIONPENALTYMISCELLANEOUS
6 NYCRR 217-3.2 Idling for more than 5 minutes
Exceptions are listed in section 217-3.2
Civil Liability - see ECL 71-2103
1st violation $500 - $18,000.
Yes, 18k, not a typo
2nd violation & sub. not to exceed $26,000

2nd violation & sub. not to exceed $26,000
and an additional penalty not to exceed
$22,500 for each day violation continues

Criminal Liability (misd).- see ECL 71-2105
1st $500 - $18,000 or 1 year or both
2nd not to exceed 26k or 1 yr or both
each day violation occurs is a separate violation
 

Commercial Motor Vehicle Emissions Page 82

21 Dec

EMISSIONS INSPECTION OF HEAVY DUTY VEHICLES
Annual & Roadside
These violations are found in the ECL, 19-0320.4 and in the VTL 301-b

SECTIONVIOLATIONPENALTYMISCELLANEOUS
301-b.1Failure to pass roadside emissions inspection
1st violation$700
Reduced to $150 if corrected no later
than 30 days of issuance of summons
or ticket
2nd and subsequent$1,300
Reduced to $500 if corrected no later
than 30 days of issuance of summons
or ticket

301-b.2No certificate of inspection for annual emission inspection
1st violation$700Reduced to $350 if found to have
a certificate that was valid
within the past 30 days
2nd and subsequent$1,300Reduced to $750 if found to have
a certificate that was valid
within the past 30 days

 

Chart A Page 83

21 Dec

CHART A
Penalties for Traffic Infractions
Section 1800

VIOLATIONMaximum FineMaximum Imprisonment
1st conviction
(if ATV, 2403.3-a, on real property of a farm operation)
$150 ($250)15 days or both

2nd conviction within 18 months
(if ATV, 2403.3-a, on real property of a farm operation)
$300 ($400)45 days or both

3rd or Subsequent conviction within 18 Months
(if ATV, 2403.3-a, on real property of a farm operation)
$450 ($550)90 days or both


 
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CHART A-1 Page 84.1

21 Dec

CHART A-1
Increases the penalty for violation of 1202.(b)1
Stopped, standing, or parked within 15 feet of a fire hydrant during the time of an emergency when
such violation hinders the access of a fire vehicle to a hydrant

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction $40015 days or both

2nd conviction within 18 months $60045 days or both

3rd or Subsequent conviction within 18 Months $75090 days or both

 
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CHART A-2 PAGE 84.2

21 Dec

CHART A-2
Penalties for Use of mobile telephones and portable electronic devices
Sections 1225-C and 1225-D
effective 7/26/2013

VIOLATIONMinimum FineMaximum Fine

1st conviction $50$150 ($200 eff 1 Nov 2014)

2nd conviction within 18 months $50$200 ($250 eff 1 Nov 2014)

3rd or subsequent conviction within 18 Months $50$400 ($450 eff 1 Nov 2014)

 
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CHART B Page 85

21 Dec

CHART B
Penalties for Misdemeanors
Section 1801

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction $30030 days or both

2nd conviction within 18 months $52590 days or both

3rd or Subsequent conviction within 18 Months $1,125180 days or both

 
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CHART C Page 86

21 Dec

CHART C
Uninspected Vehicle
Section 306.(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
see exception below for parked vehicles
$50$100none stated

2nd and each subsequent conviction
see exception below for parked vehicles
$50$20015 days or both

EXCEPTION

If the vehicle bears a certificate of inspection which was valid within the last 60 days, such violation
shall be punishable by a fine of not less than $25.00 nor more than $50.00. see 306.b

SURCHARGE NOTE: If vehicle is parked, then it is a parking violation, and the following surcharge applies.
$5.00 (In cities with population of 100,000 or more). see 1809-a.1

 
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CHART D Page 87

21 Dec

CHART D
Knowing disconnection of any set of service brakes
on a vehicle with a MGW of 18,000 pounds or more
Section 375.1(e). Penalty found at 1801.2

VIOLATIONMaximum FineMaximum Imprisonment

375.1(e)$2,25030 days or both

 
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CHART E Page 88

21 Dec

CHART E
Audio amplification system too loud
Section 375.47(a)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
-$150none stated

2nd conviction (within 18 months) Traffic Infraction $150$300none stated

3rd or subsequent (within 18 months) Traffic Infraction$375$750none stated

 
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CHART F Page 89

21 Dec

CHART F
Logs or similar type load insecurely fastened
Section 377.1. Penalty found 377.3

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction - Misd. $100none stated

2nd conviction $350none stated

3rd or subsequent conviction$75030 days or both

 
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CHART G-1 Page 90

21 Dec

CHART G – 1
Dimensions and weights of vehicles
Section 385.1. Penalties found at 385.18
(Exceptions 385.8, 9, or 10.  See Charts below)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
$200$50030 days or both

2nd or subsequent conviction
(No time period specified)
$500$1,00060 days or both

The sentence or execution thereof... may not be suspended. The registration may be suspended for a period not to exceed one year. Section 385.18

 
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CHART G-2 Page 91

21 Dec

CHART G – 2
Weights in violation of 385.8, 9 or 10
or
Special Hauling Permits 385.15
Penalties found at 385.19(a)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

Percent of excess weight
(percentage)
greater thanless than or equal toFine
02$150
2.04.0$300
4.0 6.0$450
6.07.0$525
7.08.0$600
8.010.0$750
10.012.0$950
12.014.0$1,150
14.016.0$1,350
16.018.0$1,550
18.020.0$1,750
20.022.0$1,950
22.024.0$2,150
24.026.0$2,350
26.028.0$2,550
28.030.0$2,750
30.032.0$2,950
32.034.0$3,150
34.036.0$3,350
36.038.0$3,550
38.040.0$3,750
40.0 $3,750
Each % over 40%plus $125

NOTE: Where the total weight, axle weight or axle grouping weight is greater than 7% including any applicable enforcement scale tolerance in excess of the limits specified in the permitted areas outside a city
not wholly contained in one county, the permit shall be deemed voided and then the amount of fine shall be determined in accordance the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

If there is a of violation of section 385(10) and also of 385(8) or 385(9), only one fine (i.e., the higher fine) may be imposed

The registration may be suspended for a period not to exceed one year. 385.19(e)

 

CHART G-3 Page 92

21 Dec

CHART G – 3
Weights in violation of 385.10
or
Special Hauling Permits, 385.15
Penalties found at 385.19(c)
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
IN ONE COUNTY
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
02,000$50
2,0003,000$75
3,000 4,000$100
4,0005,000$200
5,0006,000$300
6,0007,000$400
7,0008,000$500
8,0009,000$600
9,00010,000$700
10,00015,000$1,200
15,00020,000$1,700
20,00025,000$2,200
25,00030,000$2,700
30,00035,000$3,200
35,00040,000$3,700
45,00045,000$4,200
45,00050,000 or greater$4,700

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART G-4 Page 93

21 Dec

CHART G – 4
Weights in violation of 385.8 or 385.9
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
Penalties found at 385.19(d)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
05.0$100
5.010.0$200
10.0 15.0$350
15.020.0$600
20.025.0$1,000
25.030.0$1,600
30.035.0$2,450
35.040.0$3,600
40.045.0$5,100
45.0$7,000

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART H page 94

21 Dec

CHART H
Registration Fines
Sections 401.1,7 or 8.
Penalties found at 401.18

VIOLATIONMin FineMax FineMax Imprisonment

401.1
Unregistered Vehicle
$75$30015 days or both

EXCEPTION - Failure to renew registration which was valid within 60 days. Fine shall be not less than $40.00


1st offense*
401.7 or 8 trucks or trailers operating in excess of M.G.W.
$150$37530 days or both

EXCEPTION - vehicles with M.G.W. of less than 18,000 lbs.
$40$37530 days or both

2nd or subsequent offense$375$75060 days or both

* For any violation of 401.7 or 8, the registration of the vehicle may be suspended for a period of not less
than 10 days or more than 6 months

 
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CHART I Page 95

21 Dec

CHART I
License Violations
Section 509.
Penalties found at 509.11 and 12

VIOLATIONMin FineMax FineMax Imprisonment

509.1, 2 (see exception below), 3,4,5,6,9,10
(If failure to renew a license which was valid within 60 days, then $40.00)
$75$30015 days or both (0 days)

509.8

zero$75

EXCEPTION

509.2 (involving operation for hire)$225$450none listed

2nd conviction of 509.2 within preceding 5 years$375$450none listed

3rd conviction of 509.2 within preceding 10 years$750$1,500none listed

 
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CHART J Page 96

21 Dec

CHART J
Aggravated Unlicensed Operation (A.U.O.)
Section 511

VIOLATIONMin FineMax FineMax Imprisonment

511.1(a) A.U.O. 3rd degree. Misd.$200$50030 days or both

511.1(c) If vehicle has GVWR over 18,000 lbs$500$1,50030 days or both

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and

(i) within 18 months of previous A.U.O. 3rd,

when convicted under paragraph (i), the sentence of the court must be... (see max imprisonment)
$500ANDa term of imprisonment not
to exceed 180 days
OR
probation as provided in
section 511.6
OR
a term of imprisonment as
a condition of a sentence
of probation as provided in
the Penal Law and consistent
with this section

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and,

(ii) Refuses to submit to a chemical test, or

(iii) the suspension was mandatory pending a 1192 violation..., or

(iv) such person has three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a fine, ...

when convicted under paragraph ii, iii or iv, the sentence of the court must be...
$500$1,0007 to 180 days
OR
probation as provided in
Section 511.6
OR
a term of imprisonment as
a condition of a sentence
of probation as provided in
the Penal Law and consistent
with this section

511.3(a)(i) A.U.O. 1st degree (E Felony)

commits A.U.O. 2nd and,

any A.U.O. 2nd violation as provided in 511.2.(a).(ii),(iii) or (iv) AND
is operating a motor vehicle under the influence...
in violation of 1192.1, 2, 2-a, 3, 4, 4-a, or 5
$500$5,000AND
i. A term of imprisonment
as provided in the Penal Law
OR
ii. probation as provided in 511.6
OR
iii. a term of imprisonment as a
condition of a sentence
of probation as provided in the Penal Law

511.3(a)(ii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

has 10 or more separate suspensions,
$500$5,000

511.3(a)(iii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

is operating under a permanent revocation as set forth in 1193.2(b)(12)
$500$5,000


 
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CHART K Page 97

21 Dec

CHART K
Facilitating Unlicensed Operation Of a Motor Vehicle
Section 511-a

VIOLATIONMin FineMax FineMax Imprisonment

511-a.1 Facilitation Of Unlicensed operation 3rd$200$50015 days or both

511-a.3(a) or (b)
Facilitating Unlicensed Operation 2nd. Misd.
$500$750or
i. a term of imprisonment not to exceed 60 days, or both; or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

511-a.3(c) Facilitating Unlicensed Operation 2nd. Misd.

after having been convicted of such an offense two or more times within the preceding five years
$500$1,000or
i. a term of imprisonment not to exceed 180 days, or both; or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

511-a.4 Facilitating Unlicensed Operation 1st
E Felony
$1,000$5,000AND
i. a term of imprisonment as provided in the
PENAL LAW, or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

 
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CHART L Page 98

21 Dec

CHART L
Operation While Registration or Privilege is Suspended or Revoked
Section 512

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$50$10030 days or both

2nd conviction within 18 months$100$20090 days or both

3rd or subsequent within 18 months$200$500180 days or both

 
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CHART M Page 99

21 Dec

CHART M
Leaving the Scene of an Accident to Real Property, Personal Property, and Personal Injury
Section 600

VIOLATIONMin FineMax FineMax Imprisonment

600.1a property damage incident. traffic infractionnone stated$25015 days or both

600.2a personal injury incident

for failure to exhibit license & insurance card... class B misd.$250$500180 days or both
any subsequent violation for failure to exhibit... class A misd$500$1,0001 year or both
any other violation other than failure to exhibit... class A misd$500$1,0001 year or both
any subsequent violation.... class E felony
$1,000$2,500See Penal Law
any other violation other than failure to exhibit... that results in

(i) serious personal injury (as defined in section 10.00 of the penal law)

(ii) death class D felony





$1,000

$2,000

$5,000

$5,000

See Penal Law

See Penal Law

 
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CHART N Page 100

21 Dec

CHART N
Leaving the Scene of Injury to Certain Animals Without Reporting
Section 601

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction

if a guide, hearing or service dog (see civil rights law 47-b)
none stated

$50
$100

$150

none

2nd and subsequent (no time period specified)

if a guide, hearing or service dog (see civil rights law 47-b)
$50

$150
$150

$300

none

 
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CHART O-1 Page 101

21 Dec

CHART O-1
Red Light Violations
in a city having a population of less than 1 million people
Section 1111 (d)1. Penalties found at 1800(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$75$22515 days or both

2nd conviction within 18 months$150$37545 days or both

3rd conviction within 18 months$375$67590 days or both

 
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CHART 0-2 Page 102

21 Dec

CHART O-2
Red Light Violations
in a city having a population of more than 1 million people
Section 1111 (d)1. Penalties found at 1800(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$150$45015 days or both

2nd conviction within 18 months$300$75045 days or both

3rd conviction within 18 months$750$1,50090 days or both

 
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CHART P Page 103

21 Dec

CHART P
Operation of Vehicles
on Approach of Authorized Emergency Vehicles
Section 1144(a) Penalties found at 1800(e)

VIOLATIONMin FineMax FineMax Imprisonment

1st convictionNone stated$27515 days or both

2nd conviction within 18 monthsNone stated$45045 days or both

3rd conviction within 18 monthsNone stated$75090 days or both

 
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CHART Q Page 104

21 Dec

CHART Q
Driving through / Around / Under Railroad Crossing Gate or Barrier
Section 1170(a). Penalties found at 1170(b) & (c) 1 & 2

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction * # $250$40030 days or both

2nd conviction within 18 months * #$350$50090 days or both

3rd or subsequent conviction within 18 months * #$600$750180 days or both

* 1170(c) If carrying passengers under 18 years, any bus carrying passengers, any school bus, or any vehicle carrying explosive substances or flammable liquids...then the
1st conviction shall be a Class A Misd. #

2nd or subsequent conviction within 5 years shall be
a Class E Felony

# 1170(c)2 Any person convicted of a violation of this section resulting in an accident which causes physical
injury..., serious physical injury..., or death... shall be guilty of a Class E Felony

 
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CHART R Page 105

21 Dec

CHART R
Overtaking and Passing a School Bus
Section 1174(a). Penalties Found at 1174(c)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction $250$40030 days or both

2nd conviction within 3 year period$600$750180 days or both

3rd or subsequent conviction within 3 year period$750$1000180 days or both

 
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CHART S Page 106

21 Dec

CHART S
Imprudent Speed and Failed to Drive
at an Appropriate Reduced Speed
(Example, RR crossings and curves)
Section 1180(a) and (e) Penalties found 1180(h) 2 & 5

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction $45$15015 days or both

2nd conviction within 18 months$45$30030 days or both *

3rd or subsequent conviction within 18 months$45$67530 days or both *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART T-1 Page 107

21 Dec

CHART T-1
Speeding Violations
Section 1180 Subdivisions (b) or (d.1)
Penalties found at 1180(h)1

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$45$150none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph$90$30015 days or both

Exceeded speed limit by more than 30 mph$180$60030 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150.00 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375.00 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART T-2 Page 108

21 Dec

CHART T-2
Speeding Violations in School Zone During School Days
Between 7 a.m. & 6 p.m.
Section 1180 Subdivisions (c)
Penalties found at 1180(h)4

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$90$300none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph$180$60015 days or both

Exceeded speed limit by more than 30 mph$360$1,20030 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150.00 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375.00 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART U Page 109

21 Dec

CHART U
Speeding on restricted highways (work zones), 1180(d.2 or f) or
Speeding vehicles with GVW of 18,000 lbs. or more
and using a Radar or Laser Detector, 1180(g).
Penalties found at 1180(h)3

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$90$150none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph *$180$60030 days or both

*EXCEPTION A. Any rule or regulation involving an out of service defect relating to brake systems, steering components
and / or coupling devises or B. transporting flammable gas, radioactive materials or explosives the fine shall be $300 or
imprisonment for 30 days or both.

Exceeded speed limit by more than 30 mph *$360$60030 days or both

*EXCEPTION Same as EXCEPTION above except that the fine shall be $600 or imprisonment for 30 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 

CHART V Page 110

21 Dec

CHART V
Speed Contests and Races
Section 1182

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction (Misd.)$300$52530 days or both

2nd conviction within 12 months$525$7506 months or both

 
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CHART W Page 111

21 Dec

CHART W
Reckless Driving
Section 1212

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$100$20030 days or both

2nd conviction within 18 months$100$35090 days or both

3rd conviction within 18 months$100$750180 days or both

 
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CHART X Page 112

21 Dec

CHART X
Unlawful Solicitation of Ground Transportation at an Airport
Section 1220-b  amended 10/9/09

VIOLATIONMin FineMax FineMax Imprisonment

1220-b

Class B Misd.
$750$1,50015 days or both

 
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GENERAL DWI CONCERNS Page 112-a

21 Dec

GENERAL DWI CONCERNS

Be aware of the following information.

You will find this information in many of the Charts, however it sometimes dos not always fit. A Chart would extend over 3 pages.

1. No unconditional discharge may be granted for any 1192 offense. A sentence of conditional discharge or probation must be accompanied by a fine….. 1193.1(e). see 1193.2(c) regarding re-issuance of licenses.

2. If convicted of violation of 1192.2,2-a or 3 then:
see1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

3.  1198.3 – the commissioner may grant a post-revocation conditional license

4. 1199. Driver Responsibility Assessment Fee – any person convicted of a violation of any subdivision of 1192 or any person found to have refused a cemical test, 1194.2… shall be liable for a drivers reassessment fee of $250 per year for a three year period.

Failure to pay could result in a suspended license until all assessments are paid in full.

This provision also applies to section 49-a of the Navigation Law and section 25.24 of the Parks, Recreation and
Preservation law

5. 1193.1(f) Victims Impact Program – Where the Court imposes a sentence for a violation of section 1192, the Court may require the defendant, as part of or as a condition of such sentence, to attend a single session cunducted by a victim impact program.

6.  1192-10  Plea Bargain Limitations

 
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REPRESENTING A MULTIPLE ALCOHOL & DRUG RELATED OFFENDER Page 112-b

21 Dec

REPRESENTING A MULTIPLE ALCOHOL & DRUG RELATED OFFENDER

1193.2(b)(12)(a)
Added 11/1/2006, Permanent revocation of License. This section has mutiple ways for your client
to lose their license.

You must read the section yourself, I am just giving you the highlights.

Notwithstanding any other provision of this chapter……whenever a revocation is imposed upon a person for a refusal to submit to a chemical test…and such person has:

(i) within the previous 4 years been twice convicted of any provision of section1192…or
has twice been found to refuse to submit to a chemical test, …..or,

(ii) within the previous 8 years convicted three times of any provision of section 1192…… or has been found
on three separate occasions to have refused to submit to a chemical test, or any combination of the above,
such revocation shall be permanent.

1193.2(b)(12)(b) The revocation is Waivable after 5 years

1198-a
Added 11/1/06, Special procedures & disposition involving alcohol and substance abuse and assessment.
It is beyond the scope of this book, but be advised that there is now mandatory screening or assessment procedures depending on the charge.

 
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CHART Y Page 113

21 Dec

CHART Y
Driving While Ability Impaired
Section 1192.1. Penalties found at 1193.1 & 2

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1192.1
Traffic Infraction
$300$50015 days or bothshall be suspendedmay be suspended90 days If
under 21
years,
see below *


1192.1 - After having
been convicted of any
1192 offense within
5 years.
Traffic Infraction
$500$75030 days or both shall be revokedmay be revoked6 months
If under 21 years,
1 yr or until 21,
whichever is greater
1193.2(b)(7)

1192.1- After having
been convicted 2 or
more times of any 1192
offense within
10 years.
Misd.
$750$1,500180 days or bothshall be revokedmay be revoked6 months
If under 21 years,
1 yr or until 21,
whichever is greater
1193.2(b)(7)

* 1st violation - if under 21 years and convicted of or
adjudicated a Y.O. for any 1192 subdivision violation
shall be revokedmay be revoked1 year
1193.2(b)(6)


1st School Bus
1193.1(d)(1-a)
Misd.
$500$1,5001 year or bothshall be revokedN/A1 year
1193.2(b)(4-a)(A)

2nd School Bus
within 10 years.
E Felony
1193.1(d)(4)(i)
$1,000$5,0004 years or bothshall be revokedN/A3 years
1193.2(b)(4-a)(B)

3rd School Bus
within 10 years.
D Felony
1193.1(d)(4)(i)
$2,000$10,0007 years or bothshall be revokedN/A3 years
1193.2(b)(4-a)(B)

1st HAZMAT violation #
Misd.
1193.1(d)(3)
$500$1,5001 year or bothshall be revokedmay be revoked3 years.
1193.2(b)(5)(ii)

2nd HAZMAT# violation
within 10 years.
E Felony
1193.1(d)(4)(i)
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable after 10 yrs.
1193.2(e)(3)b

3rd HAZMAT# violation
within 10 years.
D Felony
1193.1(d)(4)(ii)

$2,000$10,0007 years or bothshall be revokedmay be revokedPerm disqual of CDL
Not waivable
1193.2(e)(3)c


# Vehicle with GVWR over 18,000 containing flammable gas, radioactive materials or explosives...
A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)
SPECIAL VEHICLES FOUND IN CHART AA

 
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CHART Z Page 114

21 Dec

CHART Z
Driving While Intoxicated or While Ability Impaired by Drugs
Section 1192.2, 2-a, 3, 4 or 4
Penalties found at 1193.1(b & c)
Suspensions & Revocations found at 1193.2

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
1192.2, 3, 4 or 4-a
Misd. #
$500$1,0001 year or bothshall be revokedmay be revoked6 months
1 year
if under 21
1193.2(b)(6)
1192.2-a(a)
Misd
$1,000$2,5001 year or bothShall be revokedmay be revoked1 year
1193.2(b)(2)
1192.2-a(b)
E Felony
$1,000$5,0004 years or bothShall be revokedMay be revoked1 year
1193.2(b)(2)

2nd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehiclular homicide)
Class E Felony #


$1,000$5,0004 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

3rd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehiclular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service
3rd violation within 15
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #

See 1193.1(c)(ii-a) Known as Vince's Law (eff 1 Nov 14)
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

COMMERCIAL MOTOR VEHICLESSanctions found at 1193.1(d)(2, 4 & 5)

1st violation of
1192.1, 2, 3, 4 or
4-a while operating a C.M.V
Misd. #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$500$1,5001 year or bothshall be revokedmay be revoked1 year


1192.2-a
E Felony #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$1,000$5,0004 years or bothshall be revokedmay be revoked18 months
1193.2(b)(3)

EXCEPTION


Vehicle with GVWR over 18,000
containing flammable gas, radioactive
materials or explosives...(E Felony) 1193.1(d)(5)

1st violation of
1192.1, 2, 3, 4 or 4-a
E Felony #
1193.1(d)(5)
$1,000none stated4 years or bothshall be revokedmay be revoked3 years
1193.2(b)(5)(ii)

1192.2-a
D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked3 years.
1193.2(b)(5)(ii)

2nd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable after 10 yrs.
1193.2(e)(3)b

3rd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm disqual of CDL
Not waivable
1193.2(e)(3)c

 
# If convicted of violation of 1192.2,2-a or 3 then
see 1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

No unconditional discharge may be granted for any 1192 offense.
A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e).

see 1193.2(c) regarding reissuance of licenses

 

CHART AA Page 115

21 Dec

CHART AA
Special Vehicles
Alcohol and Drug Related Offenses
Penalties found at 1193.1(d)(1 & 4)
Special Vehicle defined as: Where a violator is operating a taxicab
or livery and carrying a passenger for compensation, or a truck
with a GVWR greater than 18,000 pounds but not more than
26,000 pounds, not carrying HAZMAT
and which is not a commercial vehicle.

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

1st violation of 119.2-a
E Felony
$1,000$5,0004 years or bothShall be revokedmay be revoked18 months
1193.2(b)3

2nd special vehicle
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd special vehicle
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART BB Page 116

21 Dec

CHART BB
Commercial Motor Vehicles
Section 1192.5: per se- Level I
B.A.C. of .04 but not more than .06 (.2 to .4 if under 21) eff 11/01/03
Penalties found at 1193.1(d)(2) & 2(b)(5)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

2nd CMV
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd CMV
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART CC Page 117

21 Dec

CHART CC
Commercial Motor Vehicles
Section 1192.6: per se Level II
B.A.C. of more than .06 but less than .08 eff 7/01/03
Penalties found at 1193.1(d)(2 & 4)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
Misd.
$500$1,500180 days or bothshall be revokedmay be revoked1 year
3 years if HAZMAT
see 1193.2(b)(5)

1192.6 with prior
1192.1,2, 2-a, 3, 4,
4-a or 6 conviction
within 5 years.
Misd.
$500$1,5001 year or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 2 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 3 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
D Felony
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm. disqual.
Non Waivable
1193.2(e)(3)c



No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 
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CHART DD Page 118

21 Dec

CHART DD
Operator under 21 years. Consumed Alcohol
Section 1192-a
B.A.C. of more than .02 but less than .07
Penalties found at 1193.2(a)(2) & (b)(7)

No person under the age of 21 shall operate a motor vehicle after having consumed alcohol.
 
Any person who operates a motor vehicle in violation of 1192-a and is not charged with any 1192 violation,
shall be referred to the department for action in accordance with 1194-a.

This section shall not apply to a person operating a Commercial Motor Vehicle.

Not withstanding any provision of law to the contrary... a violation of this section is
not a judgment of conviction for a crime or any other offense

VIOLATIONCIVIL PENALTYMax ImprisonmentLicenseRegistrationTime

1st violation
of 1192-a
$125
see 1194-a.2
N/Ashall be suspendedmay be suspended6 months
1193.2(a)(2)

1192-a with a prior
offense or finding
$125
see 1194-a.2
N/Ashall be revokedmay be revoked1 year
or until age 21,
whichever is greater
1193.2(b)(7)

 

CHART EE Page 119

21 Dec

CHART EE
Chemical Test Refusal
Section 1194. Penalties found at 1194.2(d)(1 & 2) & 1194-a.2

VIOLATIONCIVIL PENALTIESLICENSE SHALL BE REVOKED

1st refusal$500 eff 11/1/06minimum 1year eff 11/1/06

2nd or subsequent refusal within
5 years, or refusal with a previous
1192 or 1192-a violation within 5 years
$750minimum 18 months eff 11/1/06

See 1194.2(d)1b regarding drivers under 21 years

1st refusal / under 21$125 (see 1194-a.2)minimum 1 year


Refusal with a prior finding,
conviction or Y.O. adjudication...
$1251 year
or until reaches 21 years

Chemical Test Refusal, When driving a Commercial Motor Vehicles

1st refusal$550 eff 11/1/0618 months / 3 years for HAZMAT

2nd or subsequent refusal within 5 years,
or a refusal with a previous conviction of
any of the following:

1) Any 1192 conviction
2) 600.2
3) 510-a.1(a)
$750Perm. Disqual. of CDL
Waivable after 10 years
1194.2(d)(1)c

3rd refusal or conviction of any 1192 offense requiring a permanent CDL revocation, such revocation MAY NOT be
waived. 1194.2(d)(1)d

No new drivers license or permit shall be issued...unless such civil has been paid. 1194.2(d)(2)

 

BOATING CHART A Page 120

21 Dec

BOATING CHART A
Penalties for MISDEMEANORS
for which another penalty has not been provided
Navigation Law 73-b

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$250$50030 days or both

2nd conviction within 24 months$500$1,00045 days or both

3rd or subsequent conviction
within 24 months
$1,500$2,50090 days or both


 

BOATING CHART B Page 121

21 Dec

BOATING CHART B
Penalties for VIOLATIONS
Unless declared a Felony or Misd.,
any violations of the provisions of this article
…shall be a VIOLATION
Navigation Law 73-c

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$100$2507 days or both

2nd conviction within 24 months$250$50015 days or both

3rd or subsequent conviction
within 24 months
$500$1,00090 days or both

 

BOATING CHART C Page 122

21 Dec

 BOATING CHART C
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction$300$50015 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

2nd conviction
in 5 years
$500$75030 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

3rd or subsequent
conviction
within 10 years
$750$1,500180 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

 

BOATING CHART D Page 123

21 Dec

BOATING CHART D
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$500$1,0001 year or bothshall suspendmay suspend12 months
49-a.3(a)(2)

2nd conviction
in 10 years
E Felony
$1,000$5,0004 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

3rd or subsequent
conviction
within 10 years
D Felony

$2,000$10,0007 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

 

BOATING CHART E Page 124

21 Dec

BOATING CHART E
Regulations for Personal Watercraft
Navigation Law 73-a.1 Penalties found at 73-a.3(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$50$200n/an/an/an/a

2nd conviction
in 24 months
$100$400n/an/an/an/a

3rd or subsequent
conviction
within 24 months

$200$500n/an/arevokednot listed

 

BOATING CHART F Page 125

21 Dec

BOATING CHART F
Livery Regulations For Personal Watercraft
Navigation Law 73-a.2 Penalties found at 73-a.3(b)

VIOLATIONMin FineMin Fine

1st conviction
Misd.
$100$200

2nd conviction in 24 months$200$400

3rd or subsequent conviction within 24 month


$400$800

 

CHART CMV Page 126

21 Dec

CHART CMV
Commercial Vehicle Safety Violations
Penalties found at Section 140.2(c) of the
Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment
Commercial Vehicle Safety Violations
140.2(c)(iii)(a) & 17 NYCRR 820.11(e)
All commercial vehicle safety violations except Out-of-Service violations.
Dismissable if corrected not later than 1/2 hour after sunset of the
first full business day after issuance of the summons & proof of
correction is submitted. If a farm plated vehicle, then 3 full business days
are allowed....see 140(2)(c)(iv)(a).
Traffic Infraction
1st conviction $150$500

2nd or subsequent conviction within 18 months $500$1,00030 days or both

140.2(c)(iii)(b) & 17 NYCRR 820.11(c).
Violation of any of the safety rules or regs.
involving an Out-of Service defect relating to brake systems, steering components, and /
or coupling. Out-of-Service defects are not dismissable, see 140(2)(c)(iv)(a).
1st conviction for brake systems, steering components & or coupling.$350$1,000

1st conviction for load securement. $500$1,200

2nd or subsequent conviction within 18 months $1,000$2,50060 days or both
FARM PLATED VEHICLES

140.2(c)(iii)(b) & 17 NYCRR 820.11(f)
Violation involving an Out-Of-Service defect relating to, brakes,
steering components and / or coupling. If the violation is corrected not later than
1/2 hour after sunset on the 3rd full business day,... then the fines are as follows:
Traffic Infraction

1st violation involving any Out-of-Service defect involving brakes systems
$150

1st violation involving any Out-of-Service steering component or coupling device$100

All farm load securement violations$250

1st violation any other Out Of Service defect $50

Commercial Vehicle Safety Violations
Both Farm and CMV
140.2(c)(v)(a) 17 NYCRR 820.11(i)
Traffic Infraction (eff. 6/2009)
1st violation $2,500$4,00090 days or both

2nd or subsequent conviction within 18 months $5,000$6,000180 days or both

140.2(c)(v)(b) Permitting Operating an Out-of-Service Vehicle$2,750 $25,000

140.2(c)(v)(c) Operating or permitting operation of a CMV in violation
of VTL 1171, Failure to stop at RR crossing or 1176, Obstructing
Highway-RR grade crossing (eff 6/2009)
none stated$25,000

140.2(c)(vi) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicles shall have the power to suspend the
registration or privilege of operation...

140.2(c)(vii) Permitting to operate without a CDL, proper class CDL, without the proper endorsements, or while suspended, revoked, ... $200$1,000
 

CHART HAZMAT Page 127

21 Dec

CHART HAZMAT
Hazardous Material Violations
Penalties found at
Section 14-f of the Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment

Commercial Vehicle Hazardous Material Violations

14-f.4(a) & 17 NYCRR 820.11(h)
All violations except Out-of-Service violations. Dismissable if
corrected not later than 1/2 hour after sunset of the first full business
day after issuance of the summons & proof is submitted...see 14-f.4(e)(i)
Traffic Infraction

1st conviction $350$1,000none listed

2nd or subsequent conviction within 18 months $1,000$2,50090 days or both

14-f.4(b) & 17 NYCRR 820.11(g)
Violation of any of the rules or regs. involving an Out-of Service defect
relating to brake systems, steering components or coupling. Out-of-Service defects are not dismissable,
see 14-f.4(a)(e)(i)
Misd.
1st conviction $500$1,50060 days or both

2nd or subsequent conviction within 18 months $1,500$2,50090 days or both

14-f.4(c) & 17 NYCRR 820.11(j)
Operating an Out-of-Service Vehicle.
Not dismissable, see 14-f.4(a)(e)(i)
1st conviction
Misd.
$2,500$5,0001 year or both

2nd or subsequent conviction within 18 months
E Felony
$3,500no max. listed4 years or both

14-f.4(d) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicle shall have the power to suspend the
registration or privilege of operation...

 

SUSPENSION AND REVOCATIONS OF LICENSES AND REGISTRATIONS Page 128

21 Dec

SUSPENSION AND REVOCATIONS
OF LICENSES AND REGISTRATIONS
(Except Sections 1192 and 1194; See Charts Y – EE)

VIOLATIONPENALTYTIME
KEY
C.D.L. - Commercial Drivers License

C.M.V. - Commercial Motor Vehicle

Lic - license

M - mandatory

P - permissive

Reg - registration

R - revocation

S - suspension
MANDATORY REVOCATIONS ARE FOR A MINIMUN OF 6 MONTHS UNLESS OTHERWISE STATED. See 510.6

PERMISSIVE REVOCATIONS ARE FOR 30 DAYS UNLESS OTHERWISE STATED. See 510.6g

RESTRICTED USE LICENSE, see section 530 of VTL

HARDSHIP PRIVELAGE FOR 1192 VIOLATIONS, see 1193.2(e)(7)(e). not valid for CMV

CONDITIONAL LICENSES, see 1193.2(e)(7)(d) & 1196.7. not valid for CMV
ADDITIONAL FEES
503.2(j) Whenever a license issued pursuant to this article, or a privilege of operating a motor vehicle, or of obtaining such
license, has been suspended, such suspension shall remain in effect until a termination of a suspension fee of $25.00 is paid to
the commissioner........when the basis for the suspension is a finding of driving after having consumed alcohol pursuant to 1192-a,
...the fee paid to the commissioner shall be $100.00
503.2(j-1)(i) Whenever a license issued pursuant to this article, or a privilege of operating a motor vehicle or of obtaining such
license, has been suspended based upon a failure to answer to an appearance ticket or a summons, or failure to pay a fine,
penalty or mandatory surcharge pursuant to 226.3, 277.4, 510.4-a, 1809.5-a, such suspension shall remain in effect until a
termination of a suspension fee of $35.00 is paid to the court. .......fees shall not exceed $200.00

DRIVER RESPONSIBILITY ASSESSMENT FEES
503.4(a)any person who accumulates 6 or more points.....within 18 months shall be liable for an assessment fee
503.4(b)fee is $100.00 per year for 3 years for the first 6 points and an additional $25.00 per year for each additional point
503.4(d) commissioner is allowed to suspend license if fee is not paid
503.4(e)motor vehicle accident prevention course shall not reduce calculation of points for purposes of this section
1199.1If convicted of any 1192 subdivision or 1194, refusal, shall be liable for an assessment fee
1199.2.$250 a year for a three year period
1199.4commissioner is allowed to suspend license if fee is not paid
1199.5The provisions of this section shall also be applicable to any person convicted of Navigation Law 49-a, Parks, Recreation
and Historic Preservation Law 25.24. or refusal to take a chemical test in accordance with the above referenced laws
VIOLATIONPENALTYTIME
202-bLicense, registration and permits may be suspended for any dishonoredpermissive suspension
of license
see 318.1(a)
& (1-a)
226.3Failed to answer summonspermissive suspension
of license and reg
until appearance

see 503.2(j-1)(i) for max. fee
301-a.3Failure to submit proof of vehicle re-inspections after accidentsuspension or revocation
of license
6 months
306(a)Commissioner shall suspend or prohibit renewal of registration...
for which a certificate has not been obtained or required
mandatory suspension
of license
6 months
318.1(a)Financial security no longer in effectsuspension of license
and registration
see 318.1(a) & 1-a
318.1-a(e)Failed to surrender certificate of registration, number plates, or obtain
financial security within 90 days of termination of financial security
suspension of LicenseLic susp. until
reg. is surrendered
318.2(a)Where proof of financial security is not in effectrevocation of license1 year
318.3(a)Non-owner operating vehicle without financial security revocation of license1 year
318.4(a)Owner of motor vehicle not registered in this state operated without financial security
revocation of privilege
to drive
1 year
318.5(a)Driver of motor vehicle not registered in this state operated
operated without financial security
revocation of license1 year
318.9(a)Vehicle involved in accident and REGISTRATION was revoked pursuant to
section 318. Vehicle may not be registered for ONE YEAR
(See statute for additional requirements)
n/an/a
318.9(a)Vehicle involved in accident and LICENSE was revoked pursuant to section
318. License may not be issued for ONE YEAR
(See statute for additional requirements)
n/an/a
330.cFailed to give proof of financial responsibilityP S or R Lic
and or Reg
until proof
is submitted
332Failed to satisfy judgment. See 332(b)S or R Lic or Reg6 months
335(a) Failed to provide proof of financial security after an accident
resulting in bodily injury or death or damage
to property in excess of $1,000
S Lic or Reg6 months or until
judgment is satisfied
385.18Exceeding dimensions and weights of vehicleP S of Regmax 1 year
385.19(e)Violation of 385.19(a-d), axle weightsP S of Regmax 1 year
506.3Commissioner may suspend, revoke or restrict license if licensee fails to pass reexamination or suspend, revoke or
restrict license if licensee refuses to take re-examination
506.5 Upon permanent loss of both eyes, a license issued under this
article shall be null and void
until sight returns
509-c.1Bus drivers may be disqualified from driving a bus see section 509-c for numerous reasons
509-ccDisqualification of school bus driverssee section 509-cc for numerous reasons
510.2a(i) Homicide or assault arising out of operation of motor vehicleM R Lic and
P R Reg
6 months
510.2a(ii)conviction of advocating the overthrow of the governmentM R Lic and
P R Reg
6 months
510.2a(iii) Leaving the scene of an accident without reporting (600.2)M R Lic and
P R Reg
6 months
510.2a(iv) Third or subsequent violation within 18 months / see section 1180M R Lic and
P R Reg
6 months
510.2a(v)Violation of an offense where a license is subject to revocation
under 510-b.2
M R Lic and
P R Reg
6 months
510.2a(vi)2nd violation of 1182 within 3 years M R Lic and
P R Reg
6 months
510.2a(vii) 2nd violation of 1182 within 3 yearsM R Lic and
P R Reg
6 months
510.2a(viii)3rd violation within 3 years overtaking a school bus, section 1174.a M R Lic and
P R Reg
6 months
510.2a(ix)violation of 1124, abandoned vehiclesM R Lic and
P R Reg
6 months
510.2a(x)when convicted of a traffic infraction for a subequent
violation within 18 months of Article 26 where serious
physical injury was caused and where the prior violation
caused serious physical injury or death to another person

M R Lic and
P R Reg
6 months
510.2a(xi)when convicted of a traffic infraction for a subsequent violation
within 18 months of Article 26 where death was caused and
where the prior violation caused serious physical injury or death to another person
M S Lic and
P R Reg
6 months
510.2a(xii)
(effective 1 Nov 14)
where holder is convicted of a second or subsequent conviction of a violation of 1225-c or 1225-d where person is a holder of a probationary license and was committed within 6 months following the restoration or issuance of such probationary licenseNo new license may be issued, for at least 1 year nor thereafter at the discretion of the commissioner
510.2a(xiii)
(effective 1 Nov 14)
where holder is convicted of a second or subsequent conviction of a violation of 1225-c or 1225-d where such person is the holder of a class DJ or MJ learners permit or DJ or MJ license at the time of the commsssion of such violation and was committed within 6 months following the restoration of such permit or licenseNo new license may be issued, for at least 1 year nor thereafter at the discretion of the commissioner
510.2b(v)Youthful operator convicted of various crimes
see statute for numerous details
M S Lic and
P R Reg
6 months
510.2b(viii)When convicted of a violation of sec.1220-b within 18 months
of a previous conviction
M S Lic and
P R Reg
60 days
510.2b(ix)When holder is sentenced to a lic. susp. pursuant to 65-b.5(a) of ABC law M S Lic and
P R Reg
30 days
510.2b(x)When holder is sentenced to a lic. susp. pursuant to 65-b.5(b) of ABC law M S Lic and
P R Reg
6 months
510.2b(xi)When holder is sentenced to a lic. susp. pursuant to 65-b.5(c) of ABC lawM S Lic and
P R Reg
1 yr or until 21 yrs
510.2b(xii)Convicted of or receives a YO or JD adj. in connection with a violation
of 240.60(5) or 240.62 of the penal law
M S Lic and
P R Reg
1 year
510.2b(xiii)when convicted of 2 or more violations of 1180.2d or fM S Lic and
P R Reg
60 days
510.2b(xiv)



Elle,s Law
convicted of traffic infraction for 1st violation of article 26 and the
commission caused serious physical injury to another
exception:

1st violation of 1146 and caused serious
physical injury

2nd violation within 5 years
M S Lic and
P R Reg


M S Lic


M S Lic
45 days,



6 months


1 year
510.2b(xv)convicted of traffic infraction for 1st violation of article 26 and the
commission caused death to another
M S Lic and
P R Reg
75 days
510.2b(xvi)
(effective 1 Nov 2014)
where the holder is convicted of a violation of 1225-c or 1225-d when such violation was committed while such holder had a probationary licenseM S Lic and PR Reg120 days
510.2b(xvii)
(effective 1 Nov 2014)
where the holder is convicted of a violation of 1225-c or 1225-d when such violation was committed while such holder had a class DJ or MJ learners permit or class DJ or MJ licenseM S Lic and PR Reg120 days
510.2dConvicted of 1180(g) and speed greater than 20 mph, or
Convicted of 1180 (g) and speed greater than 10 mph, and vehicle was either
A. in violation of an out of service defect relating to brakes, steering, etc., or
B. Transporting gas, explosives, or radioactive material
M S of Lic60 days
510.2-a(a)Operating without appropriate “FOR HIRE” licenseM S Lic & Reg60 days
510.2-a(b)Operating without appropriate “FOR HIRE” license. 2nd offense within 5 yearsLICENSE REVOKED
510.2-a(c)Operating without appropriate “FOR HIRE” license where the
REGISTRANT has been convicted within the previous 5 years of such conviction
M R Regmin. 6 months
510.3aFor any Vehicle and Traffic violation except 1192, or any local
ordinance prohibiting dangerous driving
P S or R of
Lic or Reg
30 days
510.3bPhysical or mental disability, institutionalization...P S or R of
Lic or Reg
30 days
510.3c Felony convictionP S or R of
Lic or Reg
30 days
510.3d Persistent violation of traffic lawsP S or R of
Lic or Reg
30 days
510.3e Gross negligence in operation or showing reckless disregard for life or propertyP S or R of
Lic or Reg
30 days
510.3f Permitting use of motor vehicle in commission of crimeP S or R of
Lic or Reg
30 days
510.3gPreventing I.D. of vehicle or evading lawful arrest while operating a motor vehicleP S or R of
Lic or Reg
30 days
510.3h Evading lawful prosecutionP S or R of
Lic or Reg
30 days
510.3i Habitual violations...or violations committed in a C.M.VP S or R of
Lic or Reg
30 days
510.3j Conviction of a person under 18 years or 19 years if adjudicated
a Youthful Operator (See 510.1 or 1193)
P S or R of
Lic or Reg
max. 1 year
510.3kConviction of menacing, 120.15 of penal law, committed against
a traffic enforcement agent
P S or Rev of
Lic or Reg
90 days
510.3-aLicense or registration may be suspended pending any prosecution,
investigation or hearing
P S or Rev of
Lic or Reg
30 days
510.4Failure to appear...response to a summons - other jurisdictionsP S of Lic30 days
510.4-aFailed to answer an appearance ticket...(see statuteP S of Licuntil fines are paid
510.4-bFailed to answer 25 or more summonses regarding parking...within 18 monthsM S of Reguntil summonses
are answered
510.4-cFailed to pay fines with respect to parking, standing or stopping...(to be repealed 1 Sept 2015)M S of Reguntil summonses
are answered
510.4-d Violation of toll collection regulationM S of Reguntil appearance is
made or fines are paid
510.4-eFailed to make child support payments ...(to be repealed 30 June 2015)
M S of Lic
until arrears are paid
510.4-fFailured to pay past-due tax liabilitiesS of Licuntil past due liabilities are paid
510.6kIf violation is for 392 or 392-aM R of Licmin 1 year
510.6n (eff. 11/1/2014)if in violation of 510-b.2 or 510-c.1(b) where rev is mandatory pursuant to 510.2(a)(xii) or (xiii)M R of Licmin 1 year
510.6oIf in violation of 392MR of CDL or CDL permitmin 1 year
510.9Violation of section 76 of the RAILROAD lawP rescind, cancel or suspend Reg
510-a.1 Convicted of a felony
a. using a C.M.V. (see statute for violations)
b. involving the manufacture, distributing, or dispensing a drug...
c. 600.1 or 2
d. driving while CDL was revoked...
e. convicted of causing a fatality through negligent use...
M R of CDLmin 1 year
510-a.2(a)Convicted of 510-a.1(a), (d), or (e) with prior 1194 refusal
while operating a CMV, any 1192 violation, 600.2, or
510-a.1(a)
PERMANENT CDL REVOCATION
MAY BE WAIVED AFTER 10 YEARS
SEE 510-a.2(c)
510-a.2(b)Convicted of 510-a.1(a), (d), or (e) and transporting HAZMATM R CDLmin 3 years
510-a.2(b)Convicted of 510-a.1(a) with previous 1194 refusal,
any 1192 violation, 600.1 or 2 or 510-a.1(a) conviction
PERMANENT CDL REVOCATION
MAY NOT BE WAIVED. SEE 510-a.2(e)
510-a.2(d)3rd 1194 refusal and/or any conviction of any offense that requires a
permanent CDL revocation
LICENSE REVOCATION
CANNOT BE WAIVED
510-a.3(a)Convicted within three year period of 2 serious traffic violationsM S of CDL60 days
510-a.3(b)Convicted within a three year period of 3 serious traffic violationsM S of CDL120 days
510-a.3(c)Convicted of 1180(g) and speed greater than 20 mph, or
Convicted of 1180 (g) and speed greater than 10 mph, and vehicle was either
A. In violation of an out of service defect relating to brakes, steering, etc., or
B. Transporting gas, explosives, or radioactive material

M S of CDL60 days
510-a.3(d)(i)Operated a C.M.V. in violation of “Out of Service” orderM S of CDL180 days
510-a.3(d)(ii)Operated a C.M.V. in violation of “Out of Service” order,
2nd violation in 10 years
M S of CDL2 years
510-a.3(d)(iii)Operated a C.M.V. in violation of “Out of Service” order,
3rd or more violation in 10 years
M S of CDL3 years
510-a.3(d)(iv)Operated a C.M.V. in violation of “Out of Service” order
while transporting Hazmat or passengers
M S of CDL180 days
510-a.3(d)(v)Operated a C.M.V. in violation of “Out of Service” order
while transporting Hazmat or passengers, two or more
violations within 10 years
M S of CDL3 years
510-a.3(e)(i-iii)CDL suspended when holder in violation of 1171 of VTLM S of CDL60 days for 1st violation
120 days if 2nd in 3 yrs
1 yr if 3rd in 3 yrs
510-a.4(a)2 serious traffic violations in a CMV during any 3 year periodM S of CDL60 days
see 510-a.3(d)(e)
only applies to CDL portion
510-a.4(a)3 serious traffic violations in a CMV during any 3 year periodM S of CDL120 days
see 510-a.3(d)(e)
only applies to CDL portion
510-a.8Disqualification based on record review by Commissioner
510-bRevocation of a probationary licenseM R of Lic6 months
510-b.1Suspension and revocation during probationary period for violation
of 1129, 1180, 1182, 1192.1, 1212, or for 2nd conviction of any rule...relating to traffic
M S of Lic60 days
510-cSuspension of drivers license or permit, classes DJ and MJM S of Lic60 days
510-d.1Suspension of Class E drivers license. Only applicable to that portion of the license that permits operation of a motor vehicle transporting passengers for hire. Eff 11/8/2015M S of License1 year
510-d.2Revocation of Class E drivers license. Only applicable to that portion of the license that permits operation of a motor vehicle transporting passengers for hire. Eff. 11/8/2015P R of Licensesee 510-d.2 for details
550escort certificate is canceled if drivers license is revoked or suspended... n/a6 months
600.2Leaving the scene of a personal injury accident in a CMV

If vehicle is carrying hazardous materials
M R of CDL

M R of CDL
1 year

3 years
605(a)2Failed to file an accident report within 10 daysP S of Licuntil report is filed
1196(e)Conditional license may be revoked by commissioner for failure to attend, complete...a rehabilitation program
2263For limited use vehicles (Section 2262.3) registration may be
revoked where holder is convicted of 2nd or subsequent violation within a 12 month period
P R of Reg1 year

 

SURCHARGES Page 129

21 Dec

VEHICLE & TRAFFIC LAW SURCHARGES, SECTION 1809
SEE 1809.2 FOR MAXIMUM SURCHARGE AMOUNT ALLOWED

 

 

SECTIONSURCHARGE
1. TRAFFIC INFRACTION OR OFFENSE NOT LISTED BELOW

$55 ($25 effective 9/1/13 until 12/1/14) 1809.1
($17 effective Dec 1, 2014 - Repealed Sept 20, 2015)

exception: Zero for 1111(d), red light violations, in accordance with 1111-a, (pop. of 1 million or more), or 1111-b, (Nassau County), owner liability, signal photo monitoring,

Plus $5 for Crime Victim Assistance Fee. 1809.1(c)

Plus $5 if in a Town or Village. see 1809.9

Plus $20 ($28 effective 7/26/13 until 12/1/2014) additional surcharge. Except for: see 1809-e

1. any 1192 violation

2. traffic infractions

3. 1111(d)), red light violations, in accordance with 1111-a, (pop. of 1 million or more), or 1111-b, (Nassau County), owner liability, signal photo monitoring,

4. toll collection regs.

2. A violation of 1180.(d)2 or 1180.(f) or any other statute, local law, ordinance or rule involving maximum speed limits in highway construction or maintenance work areas. see 1809.d
$50 1809.d

Plus $5 for Crime Victim Assistance Fee. 1809.1(c)

Plus $50 mandatory surcharge. see 1809-d

Plus $5 if in a Town or Village. see 1809.9

Plus $20 ($28 effective 7/26/13 until 12/1/2014) additional surcharge. see 1809-e
3. TRAFFIC INFRACTIONS involving stopping, standing, parking, violations of pedestrians or bicycles, or 1111(d) in accordance with 111-a
$ ZERO
4. 1809-a.

If it is a TRAFFIC INFRACTION involving, stopping, standing or parking in a City having population of 100,000 or more
$15 (to be repealed 9/1/13)
1809-aa

Mandatory surcharge for a violation of 1200, 1201 or 1202
$25 (effective 7/26/13)
5. 1809-b.

Mandatory Surcharge for certain violations relating to handicap parking spaces. A violation of 1203-a, 1203-b, 1203-c, (handicapped parking spaces) or any other statute, local law, ordinance or rule involving parking, stopping or standing...
$30
6. Article 9 violations (Motor Vehicle Equipment)
see 1809.1
$25

Plus $5 Crime Victim Assistance Fee 1809.1(c)

Plus $5 if in a Town or Village. see 1809.9

Plus $30 if in violation of 385.8, 9, or 10, OR 401, and the operator is not the registered owner and the registered owner did not respond to the summons or appearance ticket... 385.20-a and 401.19-a
1809.8 - Maximum surcharge and Crime Victim Assistance Fee (expires 9/1/2017)Where a person is convicted of 2 or more crimes or traffic infractions committed though a single act or omission... in no event shall the total amount of such crime victim assistance fees and mandatory surcharges imposed pursuant to paragraph (a) or (c) of subdivision 1 exceed $196
7. 1192 OFFENSES, SEE 1809.1(b)(i & ii)
a. Felony


$300 1809.1(b)(i)

Plus $25 Crime Victim Assistance Fee, 1809.1(b)

Plus $170 additional 1192 surcharge,1809-e.1(b)

Plus $25 2nd addition surcharge for any 1192 violation. 1809-c

plus $ 5 if in a Town or Village. 1809.9
b. Misdemeanor

$175 1809.1(b)(ii)

Plus $25 Crime Victim Assistance Fee, 1809.1(b)

Plus $170 additional 1192 surcharge,1809-e.1(b)

Plus $25 2nd addition surcharge for any 1192 violation. 1809-c

plus $5 if in a Town or Village. 1809.9
c. Violation$55 ($25 effective 9/1/13) 1809.1

Plus $5 Crime Victim Assistance Fee. 1809.1(c)

Plus $170 additional 1192 surcharge, 1809-e.1(b)

Plus $25 2nd addition surcharge for any 1192 violation. 1809-c

Plus $5 if in a Town or Village. 1809.9
8. COMMERCIAL MOTOR VEHICLES
CMV VIOLATIONS TRANSPORTATION LAW, SECTIONS 14-f, HAZMAT & 140.2(c) & 17 NYCRR 820 , SAFTEY VIOLATIONS
a. TRAFFIC INFRACTIONS AND VIOLATIONS ZERO

SEE TRANS. LAW 14-f.4(a), 140.2.d (ii), VTL 1809.1(c) & 17 NYCRR 820.11
MISDEMEANORS$175

Plus $25 Crime Victim Assistance Fee

Plus $5 if in a Town or Village Court
COMPTROLLER’S OPINION 86-15 &
PENAL LAW 60.35.1(b).




see 1809.9
FELONIES$300

Plus $25 Crime Victim Assistance Fee

Plus $5 if in a Town or Village Court
COMPTROLLER’S OPINION 86-15 &
PENAL LAW 60.35.1(b).




see 1809.9
1815, HIGHWAY USE TAXZEROCOMPTROLLER’S OPINION 86-15
212, LOG BOOKS$175

Plus $25 Crime Victim Assistance Fee

Plus $5 if in a Town or Village Court
COMPTROLLER’S OPINION 86-15 &
PENAL LAW 60.35.1(b).




see 1809.9

 
 

INDEX Page 130

21 Dec

INDEX

INDEX
The index is divided in the following way:

1. V & T violations

2. Boating violations

3. Commercial Motor Vehicles

1. V & T violations
abandoned vehicles1224.7
alcohol in vehicle, consuming1227.1
aggravated unlicensed operation511.1
all-terrain vehicles2280-2413
altered license plate 392
angle parking1203(a)
appearance tickets...failure to answer511-d
audio amplification equip.375.47
avoiding intersection or traffic control device1225
backing on controlled access road1211(b)
backing unsafely1211(a)
bicycle on highway1229-a(b)
bicycle / skating sections 1232(a)-1238.5-a
bus operation when fatigued or ill509-k
cell phone / in statute as mobile device, and portable electronic device1225-c.2(a) and 1225-d
chemical test refusal1194.2
child restraint sections1229-c.1-1229-c.10
coasting in neutral1216
consumption of alcohol in vehicle1227.1
conviction stub, altered515
conviction stub, failure to exhibit509.7 repealed eff 1/29/02

door-opening unsafely or leaving open which impedes traffic1214
dimensions / weights of vehicles385.1 to 385.17
drivers view obstructed375.30
driving in middle / divided highway1130.1
driving on sidewalk1225-a
driving too slow / impeding traffic1181(a)
driving too slow in zone1181(b)
driving wrong way on one way1127(a)
drove to left of crest / curve at RR1125(a)
drove to left of markings1126(a)
DWAI, alcohol1192.1
DWAI, alcohol/CMV-level I1192.5
DWAI, alcohol/CMV-level II1192.6
DWAI, drugs1192.4
DWI1192.2,3

Equipment violations-general375

back-up light375.34
brakes, emergency / hand375.1
brakes, service375.1
brakes, trailer375.1
bumper violation375.48(b)
convex mirror on school bus / none375.20(e)
emergency lights375.41
emission - heavy duty vehicle301-b.1
emission control device, none375.28-f(f)
flag, none on load 375.27
fire extinguisher375.9
horn375.1
license plate light375.2(a)4
lights, general375.2(a)-375.7
muffler375.31
rear view mirror375.10a
rear object detection system375.10e
safety glass375.11&12
side view mirror, right375.10b
side view mirror, left375.10-a
signaling devices, reflectors or lamps, none376.1(a)
slow moving vehicle emblem375.36(b)
speedometer, improper / none375.42
smoke from vehicle375.28
steering, inadequate375.1
stop lamps375.40(a&b)
studded tires375.35-a
tinted window violations375.12-a(b)
tires unsafe 375.35(c)
towing / non-rigid connection375.1
trailer wheels375.1
windshield, none375.12-a(a)
windshield wipers375.1
windows, tinted375.12-a (b)(2)
windows, tinted375.12-a (b)(2)

Equipment violations-motorcycle 381-381.12

fire trucks, following or parking to close1217
fire hose, crossed1218
four-way flashers, improper use1163(e)
front seat occupancy violation1213(a)
glass on highway, failed to remove1219(a)
ground transportation, unlawful solicitation1220-b.1
hand signals or lamps, failed to use 1164(a)
hand signals, improper1165
handicap parking, failed to designate off-street spaces1203-c.1
hitchhiking1157(a)
horse sections1260-1264
house coach trailer, riding in1228
ignition interlock device1198
improper entrance / exit from controlled access highway1130.2
inspection certificate, none 306(b)
insurance, none319.1
interfered with safe operation of other vehicles 1124
intersection, avoiding 1225
keep right, failed to1120(a,b,c)
keep right / mountain highway, failed to 1215
Leaving the scene of an accident animal injury601
personal injury or property damage600
left turn-not at intersection1166(b)
left turn onto 2 way, improper1160(b)
left turn onto 1 way, improper1160(c)
license, unlicensed operation509.1
license plate violations, vehicles402.1-402-a
license plate violations, motorcycles411.1
license, violation of restriction509.3
license, violation of restricted use530.6
limited use vehicles2261-2267
littered on highway1220
load not fastened377.1
loose cargo not covered 380-a
material on highway, failed to remove1219(b)
mobile phone use1225-c2(a)

motorboat sections2251-2256

motor carrier violations509-d-509-o
motor carrier violations, comm.509-q-509-v

motorcycle sections1250-1253

obey traffic laws, failed to1101
obey Police Officer, failed to1102
obey traffic control device, failed to1110(a)
obstructing highway at RR grade Xing1176
obstructing traffic at intersection1175
occupying highway / selling / soliciting1157(c)
parked / off-street handicapped space1203-c.1
parked not parallel to curb1203(b)
parked on highway for sale or repair 1203(d)
parked within 50’ of RR crossing1202(a)(3)
passed on right or unsafely1122(a)
passed, no passing zone1126
passed vehicle failed to give way1122(b)
pedestrian crossed against red1111(d)4
pedestrian crossed against yellow1111(b)(3)
pedestrian crossed diagonally1152.(c)
pedestrian on highway1229-a(a)
police radios / unauth. vehicles397
portable electronic device1225-d.1
proceed thru flashing yellow with caution, failed to1113(b)
radar or laser detector, any motor vehicle with a GVWR >18,000 lbs. or any CMV w/ GVWR > 10,000 lbs.397-a
radar detector, vehicle > 18,000 lbs. and driving in excess of speed limit
1180(g)(i)
RR crossing barrier-drove thru,etc1170(b)
RR crossing failed to stop when req1170(a)
RR crossing, certain vehicles, ...failed to stop1171(a)
RR Xing grade stop sign1685
reckless driving1212
reduced speed, at special hazards, failed to drive at1180(e)
registration suspended or revoked, operating while 512
right turn, improper 1160(a)
right turn, improper into alley, etc.1166(a)
School bus while transporting students, turned on red1111(d)5
School bus, failed to stop for1174(a)
School bus, failed to keep halted1174(b)
seat belts / buses383.4-a
seat belt sections1229-c.1
signal lane change or turn1163(a)
signals, improper use1163(d)
signal intent 100’ from turn, failed to 1163(b)

snowmobile sections2222-2230

snow removal onto handicapped space1203-e
sound limits / motor vehicles386
speed contest, unauthorized1182.1
speed not reasonable or prudent1180(a)
speeding in 55 mph zone1180(b)
speeding in posted work area1180(f)
speeding in school zone1180(c)
speeding in zone1180(d)
splash guards, truck, none375.25(a)
steering wheel, no hands on1226
stop,emerging from alley, etc, failed to 1173
stop, flashing red light, failed to1113(a)
stop, left on red onto one-way, failed to1111(d)2b
stop at red arrow, failed to1111(d)3
stop for red light, failed to1111(d)1
stop, right on red, failed to1111(d)2a
stop, for school bus, failed to1174(a)
stop, failed to, at yield sign when required 1172(b)
stopped suddenly and did not signal intent1163(c)
stopping, standing or parking, failed to obey signs1200(d)
stopping, standing or parking, within 15’ of fire hydrant1202(b)
stopping, standing or parking, at handicapped space-on street1203-b.2
stopping, standing or parking, main part of highway1201(a)
stopping, standing or parking prohibited areas1202(c)
stopping, standing or parking, specific areas1202(a)(1&2)
switched plates401.1(b)
tailgating1129(a,b,c)
towing agency / failed to notify PD1210(c)
trailer, riding in house coach1228
traveled in lane with RED X signal 1116(d)
truck bed / persons under 18...1222.2
turn as required by signs, failed to1160(d)
unattended vehicle1210(a)
unlicensed driver509.1
unlicensed operation (improper class)509.2
unregistered motorcycle410.1
unregistered tow truck401-b
unregistered vehicle401.1(a)
U.S. Mail sign, failed to display1229
use due care / avoid collision, failed to1146
use due care when approaching a horse or sounded horn / failed to1146-a.1,2 & 3
U-turn, improper1160(e)
view or control of driver obstructed by overloading 1213(a)
view or control of driver obstructed by passenger1213(b)
wrong wheels to curb1203(b)
yield right of way, green arrow, failed to1111(a)(2)
yield right of way, green light, failed to1111(a)(1)
yield right of way, numerous, failed to1140(a) to 1153(a)

2. BOATINGNavagation Law

Boating after consumed alcohol: under 21 years; per se49-b
BWAI49-a.2(a)
BWI or ability impaired by drugs49-a.2(b, c, d, e)
Chemical test refusal49-a.7(b)
Deposit of refuse in navigable waters33
Divers flag45.1-a
Equipment violations40.1
Interfering with navigation32-c
Littering33-c.2(b)
Noise violations44.2(a & b)
Operating vessel / privilege suspended49-a.4(a)
Skiing / no observer73.1
Speed greater than reasonable & prudent45.1(b)

Special Provisions

Canandagua & Keuka Lakes45-aa
Greenwood Lake45-aaaa
Irondquoit Bay45-aaa
Lake Alice45-aaaaa
Sodus Bay45-aaaa
Regulations of personal watercraft & specialty prop craft73-a.1(a) to 73-a.3(b)

3. COMMERCIAL MOTOR VEHICLESPages 78 - 82 and 126 - 127

HAZMAT Violations107.620(b) to 180.417 49 CFR
Pages 78, 126
Commercial Vehicle Saftey383.21(a) to 397.101(e)(2) 49 CFR
Pages 78, 127
Load SecurementPages 78, 126
Also located in Flow Charts
Hours of Labor of OperatorsSection 211 / 212 NYS Trans Law
Page 79
Highway Use & Fuel Use TaxesSection 1815 NYS Tax Law
Page 80
Idling prohibition for heavy duty vehicles6 NYCRR 217-3
Page 81
Emissions inspection for heavy duty vehicles ECL 19-0320
Page 82

 
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Posted in Index

 

DMV Letter #1 Page 131

21 Dec

1997 DMV letter

 
 

DMV Letter #2 Page 132

21 Dec

1999 DMV letter