What is the Driver Violation Point System and how does it work?

The Driver Violation Point System gives the New York State DMV a way to identify and take action against high risk drivers.  The DMV assigns points for certain traffic violations. If you get 11 points in an 18-month period, your driver license may be suspended. (If you claim that someone else committed a violation on your record, you can request a hearing. But you cannot request a DMV hearing to prove that you were not guilty of the violations.)


How your point total is calculated

  • you must be convicted of the traffic violation before points are added to your driving record
  • your point total is calculated based on the date of the violation, not the date of the conviction
  • the points for violations that all occurred within the last 18 months are added to calculate your point total. (Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points remain on your driving record as long as the conviction remains on your record and may be used by your insurance company to increase premiums.)

 

Number of points assigned for common traffic violations

Violation Points
Speeding – MPH over speed limit not indicated 3
Speeding 1 – 10 MPH over speed limit 3
Speeding 11 – 20 MPH over speed limit 4
Speeding 21 – 30 MPH over speed limit 6
Speeding 31 – 40 MPH over speed limit 8
Speeding More than 40 MPH over speed limit 11
Reckless driving 5
Failed to stop for a school bus 5
Inadequate brakes 4
Improper cell phone use 5
Following too closely 4
Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction 3
Failed to obey a traffic signal, a stop sign, or a yield sign 3
Railroad crossing violation 3
Failed to yield the right-of-way 3
Passenger safety violation, including seat belt and child safety seat violations for passengers under the age of 16 3
Left the scene of an accident that includes property damage or the injury of a domestic animal 3
Other moving violations 2
Inadequate brakes (vehicle of an employer) 2
Use of portable electronic device (“texting”) 5

 

Points are not assigned for the following violations

  • any bicycle violation
  • any pedestrian violation
  • any parking violation
  • any violation related to unregistered, unlicensed or uninsured operation
  • any violation related to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes
  • any violation related to a business or the sale of goods established in the Vehicle and Traffic Law or any local law
  • a violation related to the improper use of High Occupancy Vehicle Lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway
  • any other violation not resulting from the operation of a motor vehicle

 

Driver Responsibility Assessment

If you receive 6 or more points on your New York State driving record in 18 months, you must pay a Driver Responsibility Assessment fee.


Out-of-state convictions

If you are convicted of a traffic violation in another state or country, points are not added to your New York State driving record, unless the violation occurred in Ontario or Quebec.

New York State has a reciprocal agreement with Quebec and Ontario. Traffic violation convictions that occur in these provinces are recorded on your New York State driver record, and the convictions have the same effect and carry the same points as convictions that occur in New York State. This can affect your driver violation point total and Driver Responsibility Assessment.


Insurance Rates

Insurance companies have their own point systems and can increase your premiums based on your driving record.  Contact your insurance company for more information.


Point and Insurance Reduction Program

If you take a DMV-approved Point and Insurance Reduction Program (PIRP) course, you can

  • reduce your driver violation point total by a maximum of 4 points
  • save 10 percent on your automobile liability and collision insurance premiums

 

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