NY Traffic Points and Penalties

< § 306(b)

Index

§ 319(1) >

§ 306(e)

Certificate of Inspection - Imitation, Fictitious, etc.

§ 306(e)

Any person who

shall be guilty of a misdemeanor.

The provisions of § 306(e) shall also apply to any temporary indicia of inspection provided for by regulation of the commissioner.

Every person convicted of a misdemeanor 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 $300 or by imprisonment for not more than 30 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 $525 or by imprisonment for not more than 90 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 $1,125 or by imprisonment for not more than 180 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 not be assigned any point value:

(ii) any violation relating to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes[.]

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 constituted a misdemeanor by the VTL, not included in § 510(2)(a)(i) or (iii), except violations of § 375(1) or of § 401(1) and similar violations under any local law, ordinance or regulation committed by an employed driver if the offense occurred while operating, in the course of his employment, a vehicle not owned by said driver, whether such three or more violations were repetitions of the same offense or were different offenses[.]

Last verified: 2018-03-31