Traffic Safety Programs \ Driver Violation Point System and Cell Phone Law

The DMV driver violation point system helps to identify drivers who have several traffic violations during a specific time period.

Remember that the point system is not the only cause for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you receive convictions for three speeding violations in 18 months and you have fewer than 11 points.

The following table lists the point values for different traffic violations:

Violation Points   Violation Points
Speeding (no specific MPH over speed limit) 3 Following too closely 4
Speeding (MPH over speed limit): Improper passing, unsafe lane change, drove left of center, or drove wrong direction 3
1 to 10 MPH 3
11 to 20 MPH 4 Violation of a traffic signal, stop sign or Yield sign 3
21 to 30 MPH 6 Railroad crossing violation 3
31 to 40 MPH 8 Failed to yield right-of-way 3
More than 40 MPH 11 Seat belt or child safety seat violation, passenger under age 16 3
Reckless driving 5 Left the scene of incident that involves property damage or injury to a domestic animal 3
Failed to stop for school bus 5 Other moving violations 2
Inadequate brakes 4 Inadequate Brakes (vehicle of an employer) 2

How the DMV Calculates Your Point Total

The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points you received in the past 18 months. The points are counted from the dates the traffic violations occurred, not from the dates of your traffic convictions. A traffic conviction is required for the points to count against your driver record, but the conviction date is not used to determine your point total. When 18 months have passed from the violation date, the points for that violation are not included in your point total. The convictions remain on your record.

If you receive 11 or more points in 18 months, DMV notifies you of a driver license suspension. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.

Note: Insurance companies have point systems different from the DMV driver violation point system. The two point systems have no connection. Contact your insurance company about their point system.

Out-of-state traffic violations: Except for traffic violations in Ontario and Quebec, points are not added to your NYS driver record for out-of-state traffic violations. Traffic violations in Ontario or Quebec can add points to your NYS driver record.

Cell Phone Law

What is the law on cell phone use while you operate a vehicle in NYS?

New York State has passed a law that does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of  $100 and a maximum surcharge of $35.

This violation is not a probationary license violation, and the DMV does not assign any driver violation points.

For complete information on this traffic safety issue and a copy of the law, see Car Cell Phones at the Governor's Traffic Safety Committee web site.

Reduce Your Points and Insurance Premiums

You can and reduce the your driver violation points and save money. To reduce your driver violation point total by a maximum of four points, and save a maximum of 10 percent on your automobile liability insurance premiums, take a DMV-approved accident prevention course. A point reduction course cannot prevent a mandatory suspension or revocation. You cannot use the course as a credit against future driver violation points.