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

Current through Register Vol. 46, No. 51, December 18, 2024

Section 131.3 - Point values

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

(b) Exceptions.

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

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

(ii) any violation involving operation of a motor vehicle while such person's license or privilege is suspended or revoked, including conviction of section 511 of the Vehicle and Traffic Law, and for any other incident of driving during a period of license suspension or revocation; and

(iii) any alcohol- or drug-related driving conviction or incident, as such term is defined by 15 NYCRR § 136.5(a)(1).

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

(i) any violation involving speeding more than 30 but no more than 40 miles per hour over the speed limit;

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

(iii) any violation involving the operation or movement of a vehicle or a combination of vehicles exceeding height limitations over, under, on, or through highways, bridges or highway structures, or the striking of a bridge or highway structure, pursuant to subdivisions (2) or (14) of section 385 of the Vehicle and Traffic Law; and

(iv) any violation involving driving through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit, pursuant to subdivision (f) of section 1180 of the Vehicle and Traffic Law.

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

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

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

(i) reckless driving;

(ii) any violation involving the use of a mobile telephone or portable electronic device;

(iii) any violation involving a railroad crossing;

(iv) any violation involving facilitating aggravated unlicensed operation of a motor vehicle pursuant to section 511-a of the Vehicle and Traffic Law;

(v) any violation involving failure to exercise due care pursuant to section 1146 of the Vehicle and Traffic Law;

(vi) any violation involving a speed contest or race pursuant to section 1182 of the Vehicle and Traffic Law; and

(vii) any violation involving leaving the scene of a personal injury accident without reporting.

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

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

(ii) following too closely; and

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

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

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

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

(iii) any violation involving disobeying a traffic control signal or a stop or yield sign;

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

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

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

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

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

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

(iii) any parking violation;

(iv) any pedestrian or bicycle violation;

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

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

(vii) any violation of section 1110(a) of the Vehicle and Traffic Law relative to the improper use of high occupancy vehicle lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway.

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

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

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

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

Amended New York State Register November 6, 2024/Volume XLVI, Issue 45, eff. 11/6/2024