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