State Laws & Funding | News | Meetings | Issues | Publications | Projects | Links | About Us | Members Only
State Laws & Funding
New York
Below is a list of the key highway safety laws in New York. For more information, contact the New York Governor's Traffic Safety Committee.
| No state law |
Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
| Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
||||||
| School Bus Drivers | Novice Drivers | All Drivers | School Bus Drivers | Novice Drivers | |||||
| Yes (Primary) |
Yes (Secondary) |
Covered under all driver ban | Yes | ||||||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Child Restraint Required unless indicated, # refers to Yrs.(Lbs.) |
Adult Safety Belt Permissible unless indicated, # refers to Yrs.(Lbs.) |
Maximum Fine 1st Offense |
| <3 unless >40 lbs. and no lap/shoulder belt available; 4 - 7 unless no lap/shoulder belt available | 8 - 15; or 4 - 7 (or >40) if no lap/shoulder belt available | $100 + points |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver's Body) | DEC/DRE Programs (Providing Law Enforcement Training) |
| Yes | |
Source: State Highway Safety Offices.
| Admin. License Suspen- sion on 1st Offense |
Limited Driving Privileges During Suspension | Inc. Penalty for High BAC | Open Container Laws | Repeat Offender Laws | Vehicle and License Plate Sanctions | Ignition Interlocks | Alcohol Exclusion Laws Limiting Treatment Opportunity | |
| Variable | Yes | .18 | Yes | Yes | Vehicle confiscation | Mandatory for all convictions | Yes | |
Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
| Learner Stage | Intermediate Stage | Full Privilege Min. Age (Yrs./Mos.) |
Required Supervised Driving Hours (Night Hours) |
||||
| Min. Age (Yrs./ Mos.) |
Min. Dura- tion (Mos.) |
Min. Age (Yrs./Mos.) |
Night- time Driving Restriction |
Passenger Restriction* (* family members exempt) |
|||
| 16 | 6 | 16 / 6 | 9 p.m. - 5 a.m. | No more than 1 pass. <21 unless accompanied by licensed parent or guardian* | 17 (w/ driver's ed.) 18 (w/out driver's ed.) | 50 (15) | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Motorcyclists | Bicyclists | ||
| Universal Helmet Law (Year Enacted) | Partial Law | Universal Helmet Law Repealed | |
| 1967 | >1 and <17 (riding with children <1 prohibited) | ||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Length of Regular Renewal Cycle (Yrs.) | Provisions for Mature Drivers |
| 8 | |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Type of Law | Who is Covered (Yrs.) | In What Seat | Maximum Fine 1st Offense |
| Primary | <16 | Rear | $50 |
| All | Front | ||
Sources: Insurance Institute for Highway and State Highway Safety Offices.
| Permitted on Sidewalks/Bicycle Paths | Permitted on Roads | Helmets Required | Minimum Age | Pedestrian Laws Apply |
| Sidewalks and bicycle paths | Low speed roadways | |||
Sources: Segway LLC and State Highway Safety Offices.
| Checkpoints Conducted? | Comments |
| Yes | Conducted weekly |
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Rural Interstates | Urban Interstates | Other Limited Access Roads | |||
| Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
Cars (mph) |
Trucks (mph) |
| 55* | 55* | 55* | 55* | 55* | 55* |
| *Except for certain designated highways | |||||
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| State Law | Violations | Location | Citation Issued To / Liability |
Image / Privacy | Penalties (Traditional Penalties) | Defenses |
| Permitted | Red light | Cities of at least 1,000,000; up to 100 sites per city (New York City) | Owner | 2 or more images of rear of vehicle and tag in any medium / May not include images of the driver, passengers or contents of the vehicle | $50; not a record or conviction offense; may not be used by insurers ($100 max.; 3 points) |
Driver convicted; vehicle stolen; vehicle leased or rented by
another; owner may seek indemnifi- cation by driver |
Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
| Multiple of Original Fine | Violations Affected | Workers Must Be Present | |
| $90-$600 or up to 30 days in jail or both | Speeding | No | |
Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Offices.