About
The Driver Violation Point System gives the New York State DMV a way to identify and take action against high-risk drivers. The DMV assigns points for certain traffic violations. If you get 11 points in 18 months, your driver license may be suspended. However, the point system is not the only way to lose your license (see Suspensions and Revocations).
If you claim that someone else committed a violation on your record, you can request a hearing. You cannot request a DMV hearing to prove that you were not guilty of the violations.
How the Point Total is Calculated
You must be convicted of the traffic violation before points are added to your driving record. Your point total is calculated based on the date of the violation, not the date of the conviction. The points for violations that all occurred within the last 18 months are added to calculate your point total.
Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points remain on your driving record as long as the conviction remains on your record and may be used by your insurance company to increase premiums.
If you receive 6 or more points on your New York State driving record in 18 months, you must pay a Driver Responsibility Assessment fee.
Points for Common Traffic Violations
| VIOLATION | POINTS |
|---|---|
| Speeding (MPH over posted limit) | |
| 1 to 10 | 3 |
| 11 to 20 | 4 |
| 21 to 30 | 6 |
| 31 to 40 | 8 |
| Over 40 | 11 |
| Reckless driving | 5 |
| Failed to stop for school bus | 5 |
| Improper cell phone use | 5 |
| Use of portable electronic device "texting" | 5 |
| Railroad crossing violation | 5 |
| Failed to yield the right-of-way | 3 |
| Red Light | 3 |
| Disobeying traffic control signal, STOP sign, or YIELD sign | 3 |
| Improper passing, changing lanes unsafely | 3 |
| Driving left of center, in the wrong direction | 3 |
| Leaving the scene of a property damage incident | 3 |
| Child safety restraint violation | 3 |
| Inadequate Brakes (employer's vehicle) | 2 |
| Most other moving violation | 2 |
| Failure to signal | 2 |
| Improper turn | 2 |
| Disobeying a traffic control device | 2 |
| Tinted window | 0 |
| No seatbelt driver/passenger 16 years or older | 0 |
| Unregistered | 0 |
| Unlicensed | 0 |
| Uninspected | 0 |
| Faulty equipment | 0 |
Violations That Do Not Result in Points
- Bicycle violations
- Pedestrian violations
- Parking violations
- Any violation related to the unregistered, unlicensed, or uninsured operation
- Violations related to motor vehicle inspection, vehicle weights or dimensions, or vehicle equipment other than inadequate service brakes
- Any violation related to a business or the sale of goods established in the Vehicle and Traffic Law or any local law
- A violation related to the improper use of High Occupancy Vehicle Lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway
- Any violation not resulting from the operation of a motor vehicle
Out-of-State Convictions
If you are convicted of a traffic violation in another state or country, points are not added to your New York State driving record, unless the violation occurred in Ontario or Quebec.
New York State has a reciprocal agreement with Quebec and Ontario. Traffic violation convictions that occur in these provinces are recorded on your New York State driver record, and the convictions have the same effect and carry the same points as convictions that occur in New York State. This can affect your driver violation point total and Driver Responsibility Assessment.