N.Y. Comp. Codes R. & Regs. tit. 15 § 131.4

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

Section 131.4 - Administrative action

(a) A motorist may be mailed a letter advising him of the status of his driving record and any possible future action which may be taken in the event of his accumulation of additional points when a motorist has accumulated between four and six points within a 24- month period.

(b) A motorist may be required to attend a driver improvement clinic when he has accumulated between 7 and 10 points within a 24-month period. Failure to attend a driver improvement clinic when required may result in the suspension of the motorist's license as prescribed in Part 132 of this Title.

(c) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license when he has accumulated:

(1) eleven or more points within a 24- month period, except when all such points result from a single alcohol- or drug-related driving conviction or incident as defined by paragraph (1) of subdivision (a) of section 136.5 of this Title;

(2) nine or more points resulting from speeding violations within a 24- month period; or

(3) four or more additional points within a 12-month period after having attended a formal hearing.

(d) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license even though the motorist has not reached a point total specified in subdivision (c) of this section if he has been charged with three or more violations for which points are assessed within an unusually short period of time, which driving record, in the discretion of the commissioner, would tend to indicate that such person may be a persistent violator of traffic laws or regulations.

(e) If a motorist is required to attend a hearing based upon a single violation which is assigned a point value of 11 points, the hearing will be to investigate the specific violation involved, pursuant to paragraph (a) of subdivision 3 of section 510 of the Vehicle and Traffic Law, rather than to investigate habitual or persistent violations of law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.4

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