NY Traffic Points and Penalties

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§ 1225-d(1) >

§ 1225-c(2)(a)

Operating While Using Mobile Telephone

§ 1225-c(2)(a)

Except as otherwise provided in § 1225-c, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using a mobile telephone to engage in a call on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

* * *

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 five points:

(iii) any violation involving the use of a mobile telephone or portable electronic device.

Last verified: 2018-03-31