NY Traffic Points and Penalties

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§ 319(2) >

§ 319(1)

Operating or Permitting Operation Without Insurance

§ 319

(1) Any

shall be guilty of a traffic infraction and upon conviction may be fined $150 to $1,500 or may be imprisoned for not more than 15 days or both.

In addition to the penalties herein set forth, such person, upon conviction, shall also become liable for payment to the department of the civil penalty provided in § 319(5).

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(5) The civil penalty for a violation of § 319(1) shall be $750.

(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:

(i) any violation relating to vehicle registration, licensing or insurance[.]

(a) Uninsured operation.

Upon receipt of evidence that a motor vehicle has been operated upon the public highways without insurance coverage but with no evidence that an accident occurred, the registration and/or driver's license or privilege of the registrant and/or operator (driver) shall be revoked.

One year after compliance with the revocation order or orders and upon payment of a $750 civil penalty for each applicable offense as required by § 319(5), a request for restoration shall be considered.

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A $500 civil penalty is required if the violation occurred prior to May 15, 2003. A $300 civil penalty is required if the violation occurred prior to May 1, 1989.

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(b) Uninsured accident.

Upon the receipt of evidence that a motor vehicle has been involved in an accident while insurance coverage was not in effect, the registration and/or driver's license or driving privilege of the registrant and/or operator (driver) shall be revoked.

One year after compliance with the revocation order or orders and upon payment of the $750 civil penalty for each applicable offense as required by § 319(5) and submission of affirmation under § 318(8) and § 318(11), form FS-15, a request for restoration shall be considered.

A $500 civil penalty is required if the violation occurred prior to May 15, 2003. A $300 civil penalty is required if the accident occurred prior to May 1, 1989.

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Last verified: 2018-03-31