NY Traffic Points and Penalties

< § 355

Index

§ 375(1)(a) >

§ 375(1)(a)

Inadequate Brakes

§ 375

(1)(a) Every motor vehicle, operated or driven upon the public highways of New York, shall be provided with adequate brakes and steering mechanism in good working order and sufficient to control such vehicle at all times when the same is in use[.]

(32) The violation of any of the provisions of § 375 with respect to adequate brakes except those relating to emergency or hand brakes shall constitute a misdemeanor[.]

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)(a) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for a traffic infraction pursuant to Art. 9 - Equipment of Motor Vehicles and Motorcycles, 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 $25.

(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.

(a) All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in 15 NYCRR 131.3(b).

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

(iii) inadequate service brakes, except for such a violation committed by an employed driver during the course of his employment, which shall be subject to the provisions of 15 NYCRR 131.3(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 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: 2017-02-12