NY Traffic Points and Penalties

< § 1143

Index

§ 1145 >

§ 1144(a)

Failing to Yield Right of Way - To Emergency Vehicle

§ 1144(a)

Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.

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 violation of the provisions of § 1144 shall for a

  • first conviction thereof be punished by a fine of not more than $275 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 $450 or by imprisonment for not more than 45 days or by both such fine and imprisonment. For a conviction of a
  • third violation and all subsequent violations, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $750 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: 2017-02-12