New York

GHSA maintains data on state laws surrounding a number of highway safety issues. Below is information regarding laws in the state of New York. Please note that GHSA does not compile any additional data on state laws other than what is presented in these pages. For more information, consult the appropriate State Highway Safety Office.

  • Alcohol Impaired Driving

    Penalties

    Increased Penalty for High BAC Administrative License Suspension on First Offense Limited Driving Privileges During Suspension Vehicle and License Plate Sanctions
    .18 Yes Yes  

    Ignition Interlocks

    Mandatory for all convictions

    Other

    Open Container Laws Repeat Offender Laws Alcohol Exclusion Laws Limiting Treatment
    Yes Yes Yes

     

  • Autonomous Vehicles

    AV testing authorized under specified conditions.

  • Bicyclists and Pedestrians

    Bicycle helmets required for all riders 1 year or older and under 14. Children under 1 prohibited.

  • Child Passenger Safety

    Child Restraint Required

    Under 2 yrs (or until outgrows the top height or weight recommendations) in rear-facing child restraint (eff. 11/01/2019)

    3 yrs or under unless over 40 lbs and no lap/shoulder belt available

    4-7 yrs unless no lap/shoulder belt available

    Adult Safety Belt Permissible

    8-15 yrs or over 40 lbs

    4-7 yrs if no lap/shoulder belt available

    Maximum Fine for 1st Offense

    $100 + points

  • Distracted Driving

    Hand-Held Ban?

    Yes. Primary law.

    All Cell Phone Ban?

    School Bus Drivers

    No

    Novice Drivers

    No

    Text Messaging Ban?

    All drivers. Primary law.

  • Drug Impaired Driving

    DUID Zero Tolerance or Per se Laws for Some Drugs

    • None

    Marijuana-Specific Laws

    • Possession and Use: Decriminalized and legal for medical use
    • Impaired Driving: None
  • Mature Drivers

    Length of Regular Renewal Cycle

    8 years

    Provisions for Mature Drivers

    None

     

  • Motorcyclists

    Universal helmet law enacted 1967.

  • Seat Belts

    Type of Law

    Primary

    Who Is Covered?

    All riders

    In What Seat?

    Riders under 16: All

    All riders: Front

    Maximum Fine for 1st Offense

    $50

  • Sobriety Checkpoints

    Checkpoints are conducted weekly. Their legality is upheld under federal Constitution.

  • Speed and Red Light Cameras

    Speed Cameras

    Violation/State Law

    Limited

    Permitted Locations/Criteria

    School zones

    Citation Issued To/Liability

    Owner/Owner

    Image Taken

    Images do not identify driver, passengers, or vehicle contents

    Penalties (Traditional Penalties)

    $50; no points ($90-$1,200; points; possible jail time based on number of MPH over the posted limit)


    Red Light Cameras

    Violation/State Law

    Limited

    Permitted Locations/Criteria

    Cities of 1,000,000 or fewer (maximum 150 sites), or by local ordinance

    Citation Issued To/Liability

    Owner/Owner

    Image Taken

    2 or more images of rear of vehicle and tag in any medium

    Penalties (Traditional Penalties)

    $50; not a record or conviction offense; not used by insurers ($100 maximum; 3 points)

  • Speeding and Aggressive Driving

    Rural Interstates

    Cars (MPH) Trucks (MPH)
    65 65

    Urban Interstates

    Cars (MPH) Trucks (MPH)
    55 55

    Except certain designated highways

    Other Limited Access Roads

    Cars (MPH) Trucks (MPH)
    55 55

    Except certain designated highways

  • Teen and Novice Drivers

    Full Privilege Minimum Age

    17 years with driver's ed.

    18 years without driver's ed.

    Learner Stage

    Minimum Age (Years/Months)

    Minimum Duration (Months)

    Required Supervised Driving Hours (Night Hours)

    16 6 50 (15)

    Intermediate Stage

    Minimum Age (Years/Months)

    Nighttime Driving Restriction

    Passenger Restriction (except family, unless noted)

    16 / 6 9 p.m. - 5 a.m. except NYC (unsupervised driving prohibited at all times) and Long Island (limited daytime unsupervised allowed) No more than 1 under 21
  • Work Zones

    Violations Affected

    Speeding

    Enhanced Penalties

    $90-$600 or up to 30 days in jail, or both

    Workers Must Be Present?

    No

    Signs Must Be Present?

    Yes