Our traffic ticket law firm has been helping motorists navigate New York’s vehicle and traffic laws for well over 30 years. In that time, we have never seen such a titanic shift in the New York point system and related regulations as those changes recently promulgated by DMV. New York’s DMV recent approved drastic changes to its point system, increased points for certain moving violations and tightened penalties for drivers with points.
DMV writes that these changes “bolster the ability to remove drivers who engage in risky behavior from New York roadways and make it more difficult for persistent violators to get back their driving privilege.” I agree, to an extent, that these ends will be modestly met. However, in my opinion, the primary reason behind most of these changes is for New York to grab more money from its residents. These changes will result in millions of dollars of revenue going to the state. Below I will break down the important changes.
New Rules Apply Statewide But Not Currently Being Applied In The Traffic Violations Bureau
As a threshold matter, the roll out of the rules has not been smooth. While the changes have been officially promulgated and are effective as of November 6, 2024, in typical governmental fashion, the software system used by DMV’s Traffic Violations Bureau (TVB) is unable to be updated to incorporate the changes. We are told that the new TVB software will not be launched until sometime in 2025. Therefore, the new rules set forth below are apparently being applied throughout the state, except in New York City traffic courts (unless DMV somehow plans on manually change the records of motorists after-the-fact). Crazy! Right? We believe New York City criminal courts will also be implementing the new rules as they do not use the same software as the TVB.
NY DMV’s Point System Will Calculate Points Differently: Look Back Period Extended From 18- to 24-months
The most substantial change is how DMV will calculate points for moving violation convictions. No one wants any points on their license but previously they only counted against you for 18 months from the date of offense (even if the conviction occurred much later in time). Now, points for DMV accumulation purposes will remain viable for 24 months from the date of offense. We believe that the extended “look back” period will also apply to violations occurring before the effective date of the new rules.
Despite the extra 6 months, in most cases (exceptions below), motorists can still accumulate up to 10 points before a possible suspension. It is not hard to predict that the expanded “look back” period will result in many more suspensions and the higher points will result in the payment of more Driver Responsibility Assessment Fees (DRAF). The longer points count against you, the greater the chance for them to be aggregated with other tickets. There is, thus, even a stronger case for motorists to fight any NY moving violation.
By the way, the Driver Safety Class that deducts up to 4 points from your total continues to only deduct for violations that occurred within 18 months of the class (not 24 months). 15 NYCRR 131.5. The imposition of the DRAF will still only be calculated for 18 months from the date of offense. VTL 503(4)(a).
Various 0-Point Offenses Will Now Carry Points
Another big change is that certain violations that did not previously carry points will now have them.
- Alcohol & Drug-Related Convictions (DWI, DWAI, Aggravated DWI, and DWAI-Drugs) under Vehicle & Traffic Law (“VTL”) § 1192 will now come with 11 points (in addition to many other penalties). The points are in addition to the many other, severe penalties that already come from driving while intoxicated, impaired or drugged. Similarly, an Aggravated Unlicensed Operation (AUO) conviction will carry 11 points under the new 2024 DMV rules. AUO is a misdemeanor in New York and occurs when someone drives when he or she knows or should know that his/her license or privilege to drive is suspended. Sometimes this occurs non-maliciously, such as when someone fails to update his or her address with DMV and, thus, fails to receive a court or DMV notice. Critically, Alcohol & Drug Related Convictions and AUOs did not previously carry points. The effect of this change is that now motorists will be subject to a $675 Driver Responsibility Assessment Fee if convicted of any of these charges (see exception below). The DRAF will be higher for those motorists with other points within 18 months of an alcohol or drug-related driving conviction or AUO conviction.This rule also includes additional and troubling language that could have a big impact. It states that 11 points will also be imposed “for any other incident of driving during a period of license suspension or revocation”. 15 NYCRR 131.3(b)(1)(ii). This broad language suggests that a motorist will receive 11 points if he or she is found guilty of driving while suspended even if the charge is for something else. So a person convicted of running a red light while his or her license is suspended would theoretically get 3 points for the red light violation PLUS 11 points because he or she did so while suspended. Whether this vague language is interpreted in such a manner is an open question but we will be watching it carefully.
Exception: DMV found a modicum of grace in its new rules. For first-time offenses involving alcohol or drug-related driving convictions and AUO convictions, the 11 points will not count toward the look back period for purposes of your point total. They will only count if the violation is a second (or more) conviction. It is unclear whether this is grace is a once in a lifetime exception but I would bet so. In practice, this helps first AUO offenders from being suspended for too many points. It does not help those convicted of alcohol or drug-related driving as these offenses already carry suspensions or revocations. Further, first offenders will still have to pay the $750 DRAF that currently is imposed on those convicted of alcohol and drug-related driving offenses. Another interesting question is whether a person with a second (or more) offense will have to pay both the $675 DRAF for the 11 points and the $750 DRAF for the drug/alcohol conviction? My strong feeling is “yes” despite it being unfairly duplicative.
- Conviction to Facilitating Aggravated Unlicensed Operation (VTL § 511-a) will carry 5 points (formerly 0 points) in addition to the current fines and surcharges. A DRAF is not triggered by one conviction to this charge (as the DRAF only occurs at or above 6 points); but it now will be part of the accumulation of points towards the imposition of a DRAF. This offense is often offered as part of a plea bargain to those charged with a AUO misdemeanor because facilitating AUO is only a violation. So now accepting such a plea will result in 5 points plus fine and surcharge.
- Convictions to Speed Contests or Races (VTL § 1182) will now carry 5 points (formerly 0 points) in addition to the current fines and surcharges. Note this charge is also a misdemeanor (ie, a criminal charge). A DRAF is not triggered by a conviction to this charge alone (as the DRAF only occurs at or above 6 points); but it will be counted toward your total accumulation of points and, therefore, can contribute to the imposition of a DRAF.
- Overheight Violations VTL 385 (2) or (14) applies to truck drivers and now when someone operates a truck that is too tall (“over height”) and strikes a bridge or structure while going through, under or over under VTL 385 (2) or (14), he or she will get 8 points (formerly 0 points) plus a $450 Driver Responsibility Assessment Fee.
Note: You will only get points if any of the above charges occur on or after the effective date of the new rules (i.e., November 6, 2024). Prior to that date, the old 0-point rules will apply.
Various Point Offenses Will Now Carry More Points
Other NY moving violations have been assigned increased points. Passing a Stopped School Bus under VTL § 1174 has been increased from 5 to 8 points. Previously, a conviction for this offense alone did not alone carry a DRAF. Now a school bus violation will carry a $450 DRAF (assuming you have an otherwise clean record).
A conviction for speeding in a work zone (ie, speeding while driving through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit), pursuant to section 1180(f) of the Vehicle and Traffic Law will earn you 8 points plus a $450 Driver Responsibility Assessment Fee. The odd part of this new rule is that motorists who are speeding 41+ mph in a work zone apparently are “only” subject to 8 points (while in a non-work zone they would be subject to an 11-point ticket). On the other hand, now motorists who are just going a few mph over the limit in a work zone will get a big penalty … 8 points plus a $450 Driver Responsibility Assessment Fee. Note: Fines are still doubled for work zone speeding tickets.
Similarly, Leaving the Scene of a Personal Injury Crash under VTL § 600, a misdemeanor, now carries 5 points (up from 3 points previously). This offense occurs when you fail to exchange information at an accident involving personal injury. Though this offense does not trigger a DRAF on its own (the DRAF is only triggered at 6 points), it can be added to other convictions that carry points and, therefore, lead to a DRAF.
Finally, points for violating the Failure to Use Due Care statute under VTL § 1146 (an offense issued for failing to avoid colliding with any bicyclist, pedestrian, or domestic animal) has been raised from 2 points to 5 points. This offense does not trigger a DRAF alone (the DRAF is only triggered at 6 points) but it will be considered with other convictions that carry points and, therefore, lead to a DRAF.
Reminder: You will only get these increased points if the date of offense occurs on or after November 6, 2024. Prior to that date the old point total still applies.
Restoration Of Driving Privileges Will Be Harder
The new rules also make it harder to get your license back following multiple alcohol or drug-related convictions. Currently, re-licensure is denied if a driver has 5 or more alcohol or drug-related driving convictions. The new rule lowers this threshold to 4 or more convictions.
More Onerous Administrative Action
New York drivers will be further burdened by these new rules in regard to DMV administrative action. If a driver accumulates 4 to 6 points within a 24-month period, he or she will now receive a warning letter from the DMV. Accumulating 7 to 10 points within that same period will result in mandatory attendance at a Driver Improvement Clinic. Whether a Driver Improvement Clinic is the same as New York’s 6-hour Driver Safety Class is still unclear.
If a motorist reaches any of the below thresholds, that driver will need to attend a formal hearing to determine whether he or she is a habitual or persistent violator and, if so, whether his or her license or privilege to drive should be suspended. Failure to attend can result in a license suspension.
- Accumulation of 11+ points in a 24-month period (except for a single alcohol, drug-related or AUO conviction that is a first offense). This is the same as under the prior law but with a longer look back period.
- Accumulation of 9+ points from speeding violations specifically in a 24-month period. This is stricter than the prior law. Previously, you were allowed to accumulate up to 10 points from 2 speeding convictions without a formal hearing (14 points if you timely completed New York’s Driver Safety Class).
- Accumulation of 4+ additional points within 12 months after a prior formal hearing. This is a new rule to punish repeat offenders and actually seems reasonable to me.
The new regulations also state that a motorist may be instructed to attend such a hearing if he or she is charged with three or more point violations within an unusually short period of time (regardless of how many points these violations carry). 15 NYCRR 131.4(d). This rule is particularly troubling and unclear. What is an “unusually short period of time” and why is a hearing being required from someone who has simply been “charged” with point violations? Whether and how this last mandate is implemented is unclear but, in my opinion, it may not actually be routinely enforced (given that DMV will be very busy with other hearings and the vague nature of the language).
How To Calculate Points Under DMV’s New Point System
Even seasoned New York traffic attorneys can find it challenging to calculate how many points a motorist has on his or her driver’s license. While the rule itself is simple—a driver is permitted up to 10 points within a specified period—applying it to a driver’s record can be complicated. As of November 6, 2024, the DMV extended the look back period from 18 months to 24 months, further complicating matters for those dealing trying to make this calculation.
While the longer look back period for calculating points is currently the law in New York, we are told that the software system used by the Traffic Violations Bureau (TVB) is not able to be changed until 2025 (or later). Therefore, for convictions in New York City traffic court (not NYC criminal courts), the old look back period apparently applies (although this may not be the case as DMV has not been clear on this point). Therefore, the 24-month look back period seemingly applies throughout the state, except in New York City traffic courts.
How DMV Points Are Assigned and Calculated Based On The Old & New DMV Look Back Periods
The critical aspect of the DMV’s point system is understanding when points start and stop counting. Points are assigned from the date of offense and remain active for 24 months (previously 18 months) from that date.
For example, under the previous 18-month rule:
- A driver convicted on March 1, 2008, for a speeding ticket (71/50, 6 points) issued on January 15, 2007, would have 6 points retroactively applied to their record starting from the date of offense, January 15, 2007. These points would remain valid until July 15, 2008, 18 months from the date of offense.
Under the updated 24-month look-back period:
- If a driver receives a ticket for an offense on November 15, 2024, and is convicted on December 7, 2024, the DMV will assign points retroactively to November 15, 2024. These points will remain valid until November 15, 2026, 24 months from the date of offense.
Evaluating Points Across Two Timeframes
To calculate whether a driver has exceeded the 10-point threshold, two overlapping periods must be examined:
- The 24 months before the date of the offense.
- The 24 months after the date of the offense.
For example, if the offense occurred on November 15, 2024, you would need to count forward and backward:
- Points assigned between January 15, 2022, and January 15, 2024 (the first 24-month period).
- Points assigned between January 15, 2024, and January 15, 2026 (the second 24-month period).
If, during either of these periods, the driver exceeds 10 points, their license could be suspended. Additionally, any tickets received going forward that are during the second period will also be added to the total.
Mitigating Points with a Driver Safety Class
Motorists can take a Driver Safety Class to reduce their active points by up to 4. However, the deduction only applies to:
- Points already on the record.
- Points from convictions for offenses committed before the class date.
- Only look back 18 months to deduct points
Points from offenses occurring after the class will not be impacted, making it essential to time the class appropriately.
Insurance Point Calculations
It is important to note that the DMV’s point system differs from the rules insurance companies use. For insurance purposes:
- Points are calculated from the date of conviction, not the date of offense.
- Points can affect insurance rates for 36 months from the conviction date.
Conclusion
Navigating New York’s traffic violation point system requires careful analysis of both past and potential future violations. With the new 24-month look-back period, drivers are more likely to face more penalties.
The above changes mean the DMV is getting tougher on dangerous driving and motorists will be writing many more checks to DMV. Keep in mind that the higher points assigned to the above offenses only apply to tickets issued on or after the effective date of the new rules. For earlier traffic tickets, the old points still apply. It is critical that all drivers should be aware of these new rules so please share this article with your family and friends. Drive safe and feel free to call at 212-683-7373 or email us any time with any New York traffic ticket, point or suspension question! The consultation is always free.
Of course, you are welcome to read the actual language of the new DMV rules and regulations rather than relying upon our summary. New York’s revised point system regulation can be found at 15 NYCRR 131.3 and the revised regulation regarding administrative action against license holders can be found at 15 NYCRR 131.4.
Summary Chart of the DMV Point Changes (as of November 6, 2024):
| Violation Type | New Points | Previous Points | Criminal Offense | DRAF* |
|---|---|---|---|---|
| DWI/DWAI/Drug-Related Offenses (VTL 1192) | 11 | None | Yes, except DWAI | $675 + $750 |
| Aggravated Unlicensed Operation (VTL 511[a]) | 11 | None | Yes | $675 |
| Speeding in a Work Zone (regardless of speed) (VTL 1180[f]) | 8 | 3-11 | No | $450 + Doubled Fine |
| Passing Stopped School Bus (VTL 1174) | 8 | 5 | No | $450 |
| Operating a truck that is too tall and strikes a bridge or structure while going through, under or over. VTL 385 (2) and (14) | 8 | 0 | No | $450 |
| Facilitating Aggravated Unlicensed Operation (VTL 511-a) | 5 | 0 | No | - |
| Failure to Use Due Care | 5 | 2 | No | - |
| Leaving Scene of Personal Injury Accident (VTL 600) | 5 | 3 | Yes | - |
| Speed Contests or Races (VTL 1182) | 5 | None | Yes | - |
| *Assumes No Other Points |