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NYS Automobile Law Information

59K views 131 replies 48 participants last post by  AAQns23 
#1 · (Edited by Moderator)
SPEEDING (MPH Over Limit)

01-10 MPH 3
11-20 MPH 4
21-30 MPH 6
31-40 MPH 8
OVER 40MPH 11



RECKLESS DRIVING 5

FAILED TO STOP FOR A STOPPED SCHOOL BUS 5

FOLLOWING TOO CLOSELY 4

PASSING IMPROPERLY, CHANGING LANES UNSAFELY,
DRIVING TO THE LEFT OF CENTER, DRIVING IN
THE WRONG DIRECTION
3

FAILED TO OBEY A TRAFFIC SIGNAL, STOP SIGN OR
YIELD SIGN
3

RAILROAD CROSSING VIOLATION
3

FAILED TO YIELD RIGHT OF WAY 3

PASSENGER SAFTY VIOLATION, INCLUDES SEAT BELTS
CHILD SAFETY SEATS OR PASSENGER UNDER 16YOA
3

LEFT SCENE OF ACCIDENT THAT INCLUDES PROPERTY
DAMAGE OR INJURY OF DOMESTIC ANIMAL

3

OTHER MOVING VIOLATIONS
2



Now don't ask how many points will I get or make comments of you received less than what is posted. These are the guide lines. You may get less depending on which City, Town, Villiage, Court or Judge you have proceding your case.

MUFFLERS


Mufflers and exhaust systems. Prevention of noise. Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in contrast operation operation and properly maintained to prevent any excessive or unusal noise and no such muffler or exhaust system shall be equipped qith a cut-out, bypass, or similar device. No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor vehicle or exhaust system originally installed on the vehicle and such original muffler and exhuast system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

An exhuast system is a series of mechanical devices for the purpose of receiving exhuast gas from an internal combustion engine and expelling it into the atmosphere.


So you will know even if the muffler says "50 State CARB legal" DOES NOT mean it is legal in NYS. In laymans terms it states if you change a muffler and if it is louder than a stock one it is illegal. No matter how loud it is. There is nothing written saying it has to be at a certain decible or it has to be check with a machine to see how louder it is. If any normal reasonable person says it is loud then you can be cited for an illegal muffler. And for people that does not have their vehicle registered out of stae the law says ANY vehicle so you can be cited also.



WINDOW TINT

375
12-a. (a) Every motor vehicle, except a motorcycle, when driven or operated upon a public highway, road or street shall be equipped with a front windshield in a fixed and more or less upright position constructed of safety glass as defined in subdivision fourteen of this section and required by subdivisions eleven and twelve hereof. No person shall drive any motor vehicle with any sign or other nontransparent material other than a certificate or paper required to be displayed by law upon the front windshield or the sidewings or side windows on either side forward of or adjacent to the operator's seat. (b) No person shall operate any motor vehicle upon any public highway, road or street: (1) the front windshield of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent unless such materials are limited to the uppermost six inches of the windshield; or (2) the sidewings or side windows of which on either side forward of or adjacent to the operator's seat are composed of, covered by or treated with any material which has a light transmittance of less than seventy percent; or (3) if it is classified as a station wagon, sedan, hardtop, coupe, hatchback or convertible and any rear side window has a light transmittance of less than seventy percent; or

(4) the rear window of which is composed of, covered by or treated with any material which has a light transmittance of less than seventy percent. A rear window may have a light transmittance of less than seventy percent if the vehicle is equipped with side mirrors on both sides of the vehicle so adjusted that the driver thereof shall have a clear and full view of the road and condition of traffic behind such vehicle. (c) Any person required for medical reasons to be shielded from the direct rays of the sun and/or any person operating a motor vehicle belonging to such person or in which such person is an habitual passenger shall be exempt from the provisions of subparagraphs one and two of paragraph (b) of this subdivision provided the commissioner has granted an exemption and notice of such exemption is affixed to the vehicle as directed by the commissioner. The applicant for such exemption must provide a physician's statement with the reason for the exemption, the name of the individual with a medically necessary condition operating or transported in the vehicle, the specific condition involved, and the minimum level of light transmission required. The commissioner shall only authorize exemptions where the medical condition certified by the physician is contained on a list of medical conditions prepared by the commissioner of health pursuant to subdivision sixteen of section two hundred six of the public health law. If such such exemption is granted, the commissioner shall make a record thereof and shall distribute a sufficiently noticeable sticker to the applicant to be attached to any window so shielded or altered pursuant to such exemption.

LICENSE PLATE

402

§ 402. Distinctive number; form of number plates; trailers. 1. No person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a distinctive number assigned to it by the commissioner and a set of number plates issued by the commissioner with a number and other identification matter if any, corresponding to that of the certificate of registration conspicuously displayed, one on the front and one on the rear of such vehicle, each securely fastened so as to prevent the same from swinging and placed, whenever reasonably possible, not higher than forty-eight inches and not lower than twelve inches from the ground; provided, however, that in any registration year for which only one number plate is issued, such number plate shall constitute a set of number plates for the time in which such use is authorized, shall be displayed on the rear of the vehicle and none shall be displayed on its front, except in case of a tractor, when such number plate shall be displayed on the front of the vehicle and none shall be displayed on its rear. Number plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon, except for a receiver-transmitter issued by a publicly owned tolling facility in connection with electronic toll collection when such receiver-transmitter is affixed to the exterior of a vehicle in accordance with mounting instructions provided by the tolling facility.


LIGHTS

375

2. (a) Every motor vehicle except a motorcycle, driven upon a public highway during the period from one-half hour after sunset to one-half hour before sunrise or at any other time when windshield wipers are in use, as a result of rain, sleet, snow, hail or other unfavorable atmospheric condition, and at such other times as visibility for a distance of one thousand feet ahead of such motor vehicle is not clear, shall display: 1. at least two lighted head lamps on the front, one on each side, having light sources of equal power; 2. if manufactured prior to January first, nineteen hundred fifty-two, at least one lighted lamp on the rear which shall display a red light visible from the rear for a distance of at least five hundred feet; 3. if manufactured on or after January first, nineteen hundred fifty-two, at least two lighted lamps on the rear, one on each side,

which lamps shall display a red light visible from the rear for a distance of at least one thousand feet; and 4. if required to display a number plate on the rear, a white light which shall illuminate the numerals on such plate in such manner as to render such numerals legible for at least fifty feet from the rear. The provisions of this subparagraph shall also apply to trailers. (b) All lamps used on a motor vehicle except a motorcycle shall be so arranged, adjusted and operated, as to avoid dangerous glare or dazzle. Except as provided in paragraph (d) of this subdivision, the upper outline of any beam of dazzling light projected to the left of the longitudinal axis of the vehicle by the lowermost light distribution of a headlamp designed to produce more than one light distribution, or by the single light distribution of any other lamp used on such a motor vehicle, shall not rise higher than the lamp center at a distance of twenty-five feet nor higher than forty-two inches at a distance of seventy-five feet. In each case, the height of the beam shall be measured from the plane upon which the vehicle stands and the distance shall be measured from the lamp projecting the light. (c) No lamp shall be used on a motor vehicle having a light source greater than thirty-two candle power, unless such lamp is approved by the commissioner as provided by this section. The provisions of this paragraph shall not apply to any light which is permitted to be displayed only on an authorized emergency vehicle, a hazard vehicle or a vehicle which is permitted to display a blue or green light pursuant to paragraphs four and five of subdivision forty-one of this section. (d) A motor vehicle, other than a motorcycle, equipped with any device such as, but not limited to, a snow plow blade, which blocks or impairs the projection of light from the headlamps of such vehicle, shall be equipped with at least two additional headlamps on the front which headlamps meet all the requirements of this subdivision for headlamps except those provisions of paragraph (b) of this subdivision specifically limiting the height of the beam of any headlamp. 3. Headlamps required pursuant to the provisions of subdivision two of this section may be of the multiple beam type designed to produce more than one distribution of light or of the single beam type designed to produce only one distribution of light. Provided that, whenever a vehicle approaching from ahead is within five hundred feet, or when approaching a moving vehicle from the rear and within two hundred feet of the same, the headlamps, if of the multiple beam type, or the auxiliary front facing lamps, if the vehicle is so equipped, shall be operated so that dazzling light does not interfere with the driver of the approaching vehicle, or the vehicle being approached, and, whenever the highway is so lighted or traffic thereon is such that illumination of the highway for more than two hundred feet ahead of the vehicle by lights on such vehicle is unnecessary or impracticable, the headlamps, if of the multiple beam type, or the auxiliary front facing lamps, if the vehicle is so equipped, shall be operated with the lowermost distribution of light in use. Nothing contained in this subdivision shall be construed to prevent the use of flashing high beams to signify an intention to pass a vehicle or vehicles when two or more vehicles are traveling in the same direction, the operation of any headlamp as defined in paragraph d of subdivision two of this section, nor shall it apply to any auxiliary front facing lamp permitted to be displayed only on an authorized emergency vehicle. 4. No headlamp shall be used upon any motor vehicle except a motorcycle operated upon the public highways of this state, unless such lamp is approved by the commissioner or is equipped with a lens or other

device approved by the commissioner. Every such headlamp, lens or other device shall be applied and adjusted in accordance with the requirements of the certificate approving the use thereof. Every such headlamp shall be firmly and substantially mounted on the motor vehicle in such manner as to allow the lamp to be properly and readily adjusted. The operator of every motor vehicle shall permit any policeman, police officer or other person exercising police powers to inspect the equipment of such motor vehicle, and make such tests as may be necessary to determine whether the provisions of this section are being complied with. Any certificate of approval heretofore issued pursuant to law, or hereafter issued by the commissioner may be revoked by the commissioner, after a hearing of which the person or corporation named therein, or his or its successor in interest, shall have been given reasonable notice and an opportunity to appear and be heard upon the ground that the device does not comply with the provisions of this section, and the rules and regulations of the commissioner and the decision of the commissioner revoking such certificate shall be final; such revocation, however, of a lens or other headlighting device heretofore or hereafter approved shall not take effect until six months after the decision of the commissioner revoking the same and shall apply only to vehicles manufactured and used thereafter on the highways of this state. The foregoing provisions governing lights on motor vehicles do not apply to so-called dimmers the use of which is permitted or required by local ordinances. The commissioner may make such rules and regulations relative to lights on motor vehicles and the approval of the same as are not inconsistent with the specific provisions of this section. 7. It shall be unlawful for any person, firm, association or corporation to sell or offer for sale a headlighting device without delivering therewith to the purchaser a printed sheet of instructions describing the device in detail, its method of mounting, arrangement and adjustment and specifying the candle power of the lamps to be used thereon and any other matter that may be necessary to insure compliance in the use of such device with the provisions of this article and the certificate of approval. Such instructions shall be printed with a photogravure of the pattern of light from one headlight shown on a regulation testing screen with respect to a horizontal cross line placed across the face of such screen at a height equal to the height of the center of such headlight, and with the headlight adjusted in accordance with the rules and regulations of the commissioner. The sale of a headlighting device not approved under the provisions of this section is prohibited. A violation of any of the provisions of this subdivision shall be a misdemeanor.
 
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#5 ·
Q-$h@d0w said:
The points for speeding don't seem to have changed from what I can remember. What is the limit now? Is it still 11 and then your license gets suspended for 6 months??
11 Points is suspension. Don't kow if it's for 6 months. Have to get back on that. And like I said these are guidelines.
 
#7 ·
i got caught on x-mas eve b/c i was rushing to get things finished ....

85 in 40
tint
unsafe lane change
change lanes w/o signaling

it was the same cop that gave me a stupid tint ticket a few weeks ago too and i didnt even change lanes at all. he claims i was racing an audi next to me. good thing i got a good lawyer but that was a good x-mas present
 
#10 ·
Mufflers in NYS Law

Mufflers and exhaust systems. Prevention of noise. Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in contrast operation operation and properly maintained to prevent any excessive or unusal noise and no such muffler or exhaust system shall be equipped qith a cut-out, bypass, or similar device. No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor vehicle or exhaust system originally installed on the vehicle and such original muffler and exhuast system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

An exhuast system is a series of mechanical devices for the purpose of receiving exhuast gas from an internal combustion engine and expelling it into the atmosphere.


So you will know even if the muffler says "50 State CARB legal" DOES NOT mean it is legal in NYS. In laymans terms it states if you change a muffler and if it is louder than a stock one it is illegal. No matter how loud it is. There is nothing written saying it has to be at a certain decible or it has to be check with a machine to see how louder it is. If any normal reasonable person says it is loud then you can be cited for an illegal muffler. And for people that does not have their vehicle registered out of stae the law says ANY vehicle so you can be cited also.
 
#14 · (Edited)
please show the exact law designation. is it a penal law and what number is assigned(ie. 240.30) to it so it can be looked up.because for the life of me I cannot find any definitve rules at the DMV or through the State or City where I live. what i have thus found so far is over 30 years old and only applies to vihicles over 8000lbs and motorcycles. the Mayor himself recognize this and is pushing for the law to be updated. because as it stands now the noise level HAS to be measured at a distance of 50' and the vehicle going 30mph. please help with this.thanks.
 
#15 ·
3391 said:
please show the exact law designation. is it a penal law and what number is assigned(ie. 240.30) to it so it can be looked up.because for the life of me I cannot find any definitve rules at the DMV or through the State or City where I live. what i have thus found so far is over 30 years old and only applies to vihicles over 8000lbs and motorcycles. the Mayor himself recognize this and is pushing for the law to be updated. because as it stands now the noise level HAS to be measured at a distance of 50' and the vehicle going 30mph. please help with this.thanks.
This is the Vehicle Traffic Law (VTL) The Penal Law is for other crimes and violations etc.

The section is VTL 375 (30) This is NYS state law. SO no matter what the Mayor wants it won't change. All he could do is make a law more restrictive not less restrictive.
 
#17 ·
nysbikecop said:
You coudl do whatever you want. I could careless. I just don't want to hear people crying like babies when they get a summons for it. That's the law quoted.
What pisses me off is cops that give people tickets for aftermarket mufflers just for shits and giggles. For instance, let's say you keep the silencer in it, and the muffler is relatively quiet, and you're not peeling out or anything, so you can't hear it, but cops stop you anyway and give you a ticket just cuz it's on the car. Now, if you're car is insanely loud, then yeah, I wouldn't sweat the ticket. But I know peeps that have received tickets in NYC JUST for having it on the car, while the damn thing is parked, not even moving, now that's some :davey: ass BS if I ever saw it.
 
#20 ·
JMLaltima said:
exactly. and what about all the harley motorcycles and shit that are a lot louder than any import with a modified exhaust?
Not to sound like an a**hole but I will. Go back to the law and read it. It does not say anything about sound. Yes, Harleys are louder than cars but they are factory. So the law still fits. And there's a different law for motorcycles. And no I didn't put it up because this is not a motorcycle site.
 
#22 ·
Its that serious here in NY haha. My moms got pulled over for the exhaust that was on my old car that I "gave" to her. Cop didnt give her a ticket though, he just told her she had to take it off because she might not be so lucky next time.

Hey nysbikecop, I sent you a pm.
 
#23 ·
02 Joe said:
Lets have a contest to see who can get the most!!
got a friend...22 points had his license suspened 2x and has 7 more points still pending...the lawyer told him kiss his license good bye for 3 years...me i got a 92 in a 55.......8 points...not lookin to win this game....
 
#24 ·
Da Mayor said:
i got caught on x-mas eve b/c i was rushing to get things finished ....

85 in 40
tint
unsafe lane change
change lanes w/o signaling

it was the same cop that gave me a stupid tint ticket a few weeks ago too and i didnt even change lanes at all. he claims i was racing an audi next to me. good thing i got a good lawyer but that was a good x-mas present
i need ur lawyer's number....just in case a cop claims i was racin an audi....
 
#25 ·
nysbikecop said:
11 Points is suspension. Don't kow if it's for 6 months. Have to get back on that. And like I said these are guidelines.
i think its 3...happened to another friend of mine..he got caught for 88 in a 55, lane change w/o indicating and drivin past junior license hours...got 11 points and 3 months
 
#26 ·
Im gonna be very upset if my license gets suspended next month. Shit, Im working 2 jobs, starting an internship in 3 weeks, going to school full-time and Im about to move further away from all of the things listed above.. Dear God Im about to be screwed :(. I wonder how long it would be suspended for a 1st time suspension. I think I have 4 points on my license already for turning from a center lane, and now Im facing exactly 15 points if Im convicted of all 4 violations which I swear on everything I didnt commit ALL 4 of them. Cop was being a dick because my car was better than his I bet and I was half his age. His intentions were blatantly made clear by his attitude towards me and I bet thats why he's put ny court date off 5 times already !! Ughh, Im gonna need a lawyer cause I'll be damned if I gotta make payments on a car that I cannot drive.
 
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