N.Y. Comp. Codes R. & Regs. tit. 15 § 136.6

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

Section 136.6 - Weighing of safety factors

(a) There shall be assigned to each safety factor a negative unit as follows:

Safety factor	Assigned negative units
	over one year to four years of application	within one year of application
(1) for each reportable accident of record with a finding by the referee of gross negligence in the operation of a motor vehicle in a manner showing a reckless disregard for the life and property of others	-5	-8
(2) for each reportable accident of record with conviction involvement or with a finding by the referee of a violation of the Vehicle and Traffic Law	-3	-4
(3) for the first and second speeding conviction of record*	-3	-4
(4) for the third and subsequent speeding conviction*	-5	-8
(5) for reckless driving, speed contest, overtaking or passing a stopped school bus, any violation involving the use of a mobile telephone or portable electronic device, or operation or movement of a vehicle exceeding height or weight limitations on highways, bridges, or highway structures, or striking bridges or highway structures, pursuant to Vehicle and Traffic Law § 385(2) or (14), or speeding in a work zone in excess of the posted speed limit pursuant to Vehicle and Traffic Law § 1180(f)	-8	-11
(6) for each conviction of record for leaving the scene of a personal injury accident of record	-8	-11
(7) for each alcohol-related offense of record as follows:
(i) conviction for violation of subdivision (1) of section 1192 of the Vehicle and Traffic Law:
first offense	-8	-11
second offense	-11	-14
third offense	-14	-17
(ii) conviction for violation of subdivision (2), (2-a), (3), (4), or (4-a) of section 1192 of the Vehicle and Traffic Law:
first offense	-11	-14
second or subsequent offense	-14	-17
(iii) chemical test refusal	-9	-14
(8) for each conviction of homicide, criminally negligent homicide, or assault arising out of the operation of a motor vehicle	-14	-17
(9) (i) for each incident of driving during a period of alcohol- related license suspension or revocation	-13	-15
(ii) for each other incident of driving during a period of license suspension or revocation	-11	-13
(10) for each conviction or finding by the commissioner's referee of a violation of section 392 of the Vehicle and Traffic Law	-3	-4
(11) for each other conviction of record for a moving violation	-2	-3

*For each speeding violation of 25 miles per hour or more over the posted speed limit, add one unit.

(b) The point reduction program shall not apply to any of the negative units listed in subdivision (a) of this section.

(c) For the purpose of this Part, the time periods for the computation of safety factors shall commence as of the date on which the incident occurred.

(d) In any case where two or more safety factors which are not independent of each other arise out of a single incident, only one of these safety factors shall be taken into consideration. The safety factor which shall be taken into consideration in these cases shall be the safety factor having the greater weight, except that where two safety factors are of equal weight, either one may be taken into consideration.

Examples:

(1) Where an accident and a conviction for reckless driving arise out of the same incident, only the reckless driving conviction, which is the safety factor having the greater weight, is considered, because these safety factors are not independent of each other.

(2) Where a conviction of any subdivision of section 1192 of the Vehicle and Traffic Law and a finding of a chemical test refusal arise out of the same incident, only one of these two safety factors having equal weight is considered, because these safety factors are not independent of each other.

(3) Where a person is convicted of reckless driving and the incident occurred during a period of license revocation, both of these safety factors shall be taken into consideration because these safety factors are independent of each other.

(4) Where a person is convicted of speeding and failure to keep right, where both violations occurred at the same time, both of these safety factors shall be taken into consideration, because these safety factors are independent of each other.

(e) Where a person is convicted of or adjudicated for an offense committed outside of this State, and where such offense has been made part of the person's New York State driving record, such offense shall carry the equivalent safety factor assigned under subdivision (a) of this section, as if the offense was committed in this State.

Footnotes

* For each speeding violation of 25 miles per hour or more over the posted speed limit, add one point.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.6

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