NY Traffic Points and Penalties
Safety Seat or Seat Belt - Rear Passenger - Under Age Four
No person shall operate a motor vehicle in New York unless:
(a) all back seat passengers of such vehicle under the age of four are restrained in a specially designed seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt, or in the event that the weight of such passenger under the age of four exceeds 40 pounds, such passenger may be restrained
(i) in an appropriate child restraint system as defined in 1229-c(4) used with combination lap safety and shoulder harness belts or
(ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of 16[.]
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:
(vi) any violation involving use of safety belts or seats by a child under the age of 16[.]
Last verified: 2018-03-31