NY Traffic Points and Penalties

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§ 1128(c) >

§ 1128(b)

Improperly Driving in Center Lane

§ 1128

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:

(b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

It is a traffic infraction for any person to violate any of the provisions of the VTL unless such violation is by the VTL or other law of New York declared to be a misdemeanor or felony.

Every person convicted of a traffic infraction for a violation of any of the provisions of the VTL for which another penalty is not provided shall for a

  • first conviction thereof be punished by a fine of not more than $150 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a conviction of a
  • second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a conviction of a
  • third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $450 or by imprisonment for not more than 90 days or by both such fine and imprisonment[.]

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

The following violations shall be assigned a point value of three points:

(iv) any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction[.]

Last verified: 2018-03-31