NY Traffic Points and Penalties

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§ 1140(a)

Failing to Yield Right of Way - To Vehicle in Intersection

§ 1140(a)

The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.

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:

(ii) any violation constituting a failure to yield the right-of-way[.]

(a) Such licenses [as defined in § 510(1)] shall be revoked and such registrations may also be revoked where the holder is convicted:

(x) of a traffic infraction for a subsequent violation of Art. 26 - Right of Way and the commission of such violation caused serious physical injury to another person and such subsequent violation occurred within 18 months of a prior violation of any provision of Art. 26 - Right of Way where the commission of such prior violation caused the serious physical injury or death of another person;

(xi) of a traffic infraction for a subsequent violation of Art. 26 - Right of Way and the commission of such violation caused the death of another person and such subsequent violation occurred within 18 months of a prior violation of any provision of Art. 26 - Right of Way where the commission of such prior violation caused the serious physical injury or death of another person[.]

(b) Such licenses [as defined in § 510(1)] shall be suspended, and such registrations may also be suspended:

(xiv) for a period of 45 days where the holder is convicted of a traffic infraction for a first violation of Art. 26 - Right of Way and the commission of such violation caused serious physical injury to another person[.]

(xv) for a period of 75 days where the holder is convicted of a traffic infraction for a first violation of Art. 26 - Right of Way and the commission of such violation caused the death of another person.

Last verified: 2018-03-31