Major Changes to New York DMV’s Point System Starting February 16, 2026

In November 2024, we were the first to publish a report about New York DMV’s plans to overhaul the driver’s point system in an article titled “New York’s DMV Overhauls Point System: What Drivers Need to Know About The Changes” We published this information even before mainstream media outlets such as CBS and Newsweek. This week, we learned that many of those changes will take effect on February 16, 2026 along with a few others. Below is a summary of the most important of those changes.

Lookback Period Changes from 18 Months to 24 Months

DMV is extending the “lookback” period. The lookback period is the window of time DMV uses to stack or aggregate points from moving violations when deciding whether to take action on a license or driving privilege.

Previously, points from a New York traffic ticket conviction were counted against motorists for 18 months from the date of the offense.  Now that time period has been enlarged to 24 months. That means that if you are convicted of a moving violation on or after February 16, 2026, the points will count against you for DMV purposes for 24 months from the date of the offense (and, as best we can tell, even for offenses that occurred prior to February 16, 2026).

The significance of these 6 additional months is that it will make it more likely that DMV will take action against motorists’ licenses. Simply put: the longer the lookback period, the easier it is to accumulate points and more likely to trigger license action.

Critically, the period of time to determine how much, if any, Driver Responsibility Assessment Fee is owed has not changed. This different lookback period will remain (for now) 18 months from the date of offense. VLT 503(4)(a).

DMV Action As A Result Of Points

DMV now will have new rules about what happens when a motorist accumulates points.

Specifically, the following actions will occur.

• Accumulating 4 to 6 points within 24 months could result in a warning letter being issued. Warning letters are just notices to be careful going forward.
• Accumulating 7 to 10 points within 24 months could result in the motorist being required to take a Driver Safety Class. This class is 6 hours but can be completed online.
• At 11+ points within 24 months, a formal hearing could be scheduled to determine what, if any, action will be taken against someone’s license (except if all 11 points are triggered by one’s first conviction to an alcohol- or drug-related driving offense). By action, we mean additional warning, imposition of a Driver Safety Class, or suspension or revocation.
• A formal hearing is also triggered by 9+ points from speeding violations within 24 months. Note: someone with two 6-point speeding convictions could have to appear at a DMV hearing (even if he or she took the Driver Safety Class and got a 4 point deduction and, as a result, only had a net of 8 points).
• If a hearing is conducted, then for 12 months thereafter a motorist cannot accumulate 4+ additional points within 12 months without further action on his or her license. In other words, after a hearing, DMV will be watching closely for the next year. Bottom line: it’s best to avoid getting to the hearing stage.

It is unclear whether completing a NYS Driver Safety Class (and thereby getting 4 points deducted from your total) will be considered by DMV in determining if the above actions will be taken, but it is our opinion that it will.

Critically, the new regulations do not change that lookback period for the Driver Responsibility Assessment Fee, which remains 18 months, pursuant to VTL 501(4). In sum, the DMV will calculate how many points a motorist has within 18 months to determine if he or she must pay a DRAF and within 24 months to determine what, if any, action will be taken against the motorist’s license.

Point Valuations Increased For Various Violations

The new regulations will also make certain two 0-point violations worth 11 points. Previously, there was just one 11-point violation in New York (i.e., speeding 41+ mph over the limit). The significance of this increase is more than just a point increase. Higher point values can trigger DMV action faster and will also generate more DRAF revenue for DMV. Specifically, for those with an otherwise clean driving record, an 11-point conviction will result in a $675 bill for the DRAF. For any other points within 24 months, add $75 per point.

New 11-Point Violations

• Driving while one’s license or privilege is suspended or revoked, including VTL 511 convictions and other incidents of driving during a suspension/revocation (currently 0 points) will now carry 11 points.
• Alcohol- or drug-related driving convictions/incidents, as defined in 15 NYCRR §136.5(a)(1) (currently 0 points) will also carry 11 points.  Alcohol convictions include both DWI and DUI.
  
  Further, the regulations state “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”. The bold text could be interpreted as meaning that a motorist who is suspended and gets convicted to any moving violation is subject to 11 points (i.e., not just motorists convicted of VTL 511 offenses). Depending on how the courts interpret this highlighted language, this could lead to a lot more suspended motorists and make your traffic lawyer’s strategy in a 511 case even more important to avoiding a possible suspension.

New 8-Point Violations

The new regulations will assign 8 points (and a DRAF) to three different offenses. For those convicted of any of these offenses with an otherwise clean driving record, they will receive a $450 DRAF bill. For any other points within 24 months, add $75 per point.

• Passing a stopped school bus (currently 5 points) will now carry 8 points.
• Speeding in a highway construction/maintenance work area above the posted work-zone speed limit (VTL 1180[f]) (currently work-zone speeding is 3 to 11 points, depending on how much you exceed the limit) will now carry 8 points.
  
  Interestingly, a 41+ mph speed in a work zone currently carries 11 points. After February 16, 2026, will a motorist only get 8 points in such cases?  Only time will tell.
• Overheight/bridge-strike violations under VTL 385(2) and (14) (currently 0 points) will now carry 8 points. Intended generally for truck drivers that illegally enter a parkway and strike a structure.

New 5-Point Violation

The new regulations will also make four violations worth 5 points. These offenses will not result in a DRAF (unless the motorist has points from another conviction within 24 months).

• Facilitating aggravated unlicensed operation (VTL 511-a) (currently 0 points) is now a 5-point ticket. This is significant because this offense is a violation and often offered as part of a plea bargain to the misdemeanor charge of aggravated unlicensed charges (VTL 511).
• Speed contests/races (VTL 1182) (currently 0 points) will carry 5 points.
• Failure to exercise due care (VTL 1146) (currently 2 points) is now a 5-point ticket.
• Leaving the scene of a personal injury accident (currently 3 points) will result in 5 points.  Property damage only accidents will remain 3 points.

Note: You should only get the increased points if the violation occurred on or after February 16, 2026. Prior to that date, the old point values will apply. However, the new 24-month lookback period likely will include pre-February 16, 2026 offenses if you are convicted. This is a common point of confusion: the new point values are based on the date of the violation, but the longer 24-month lookback could still “reach back” to older tickets when DMV totals your points. If you’re unsure how your tickets will be counted, call us.

 

New Alcohol And Drug Regulations

The regulations tighten the standards DMV applies when deciding whether to deny relicensing based on alcohol/drug history and other serious conduct.

• Lifetime alcohol/drug-related history: denial is triggered at 4 or more alcohol/drug convictions/incidents (reduced from 5).
• 25-year lookback: denial applies with 3 alcohol/drug convictions/incidents within 25 years plus one or more serious driving offenses within the same 25 years.

Here is a link for those interested in reading the actual regulations.  We understand that calculating points and assessing insurance issues is a complicated process. We are happy to chat with you if you have any questions about the new law or any other vehicle and traffic law questions. Email us anytime at lawyer@nytrafficticket.com or call us at 212-683-7373.