NY Traffic Points and Penalties

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§ 1180(f)

Speed - Highway Construction or Maintenance Work Area

§ 1180

(f) Except as provided in § 1180(g) and except when a special hazard exists that requires lower speed for compliance with § 1180(a) or (e) or when a lower maximum speed limit has been established, no person shall drive a vehicle through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit.

The agency having jurisdiction over the affected street or highway may establish work area speed limits which are less than the normally posted speed limits; provided, however, that such normally posted speed limit may exceed the work area speed limit by no more than 20 MPH; and provided further that no such work area speed limit may be established at less than 25 MPH.

(h)(3) Every person convicted of a violation of § 1180(d)(2), (f), or (g) shall be punished as follows:

(i) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than 10 MPH, by a fine of $90 to $150;

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by 11 to 30 MPH, by a fine of $180 to $300 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, provided, however, that where the vehicle is either

(A) in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or

(B) transporting flammable gas, radioactive materials or explosives,

the fine shall be $300 or imprisonment for not more than 30 days, or both such fine and imprisonment;

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than 30 MPH, by a fine of $360 to $600 or by imprisonment for not more than 30 days or by both such fine and imprisonment, provided, however, that where the vehicle is either

(A) in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or

(B) transporting flammable gas, radioactive materials or explosives,

the fine shall be $600 or imprisonment for not more than 30 days, or both such fine and imprisonment.

(h)(5) Notwithstanding the foregoing provisions of § 1180(h),

Where an additional fine is provided by § 1180(h)(5), a sentence of imprisonment for not more than 30 days may be imposed in place of or in addition to any fine imposed.

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.

(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 an administrative tribunal or court result in a finding of liability or conviction for a violation of § 1180(d)(2) or (f) or any other statute, local law, ordinance or rule involving the maximum speed limits in highway construction or maintenance work areas, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of $50.

* * *

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.

(1) The following violations shall be assigned a point value of 11 points:

(i) any violation involving speeding more than 40 MPH over the speed limit.

(2) The following violations shall be assigned a point value of eight points:

(i) any violation involving speeding 31 to 40 MPH over the speed limit.

(3) The following violations shall be assigned a point value of six points:

(i) any violation involving speeding 21 to 30 MPH over the speed limit.

(5) The following violations shall be assigned a point value of four points:

(i) any violation involving speeding 11 to 20 MPH over the speed limit[.]

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

(i) any violation involving speed except where a different point value has been assigned[.]

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

(iv) of a third or subsequent violation, committed within a period of 18 months, of any provision of § 1180[.]

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

(xiii) for a period of 60 days where the holder is convicted of two or more violations of § 1180(d)(2) or (f).

Last verified: 2018-03-31