DMV’s New Regulations Overhaul the Driver Point System
Back in September 2023, we wrote a blog about proposed regulations the NYS Department of Motor Vehicles (DMV) was seeking to pass. As of November 6, 2024, most of those regulations have now gone into effect. Many are calling these changes some of the biggest shifts in New York’s driver point system in decades.
The regulations are publicly available in the New York State Register and on legal research websites. However, DMV hasn’t updated its website nor has there been a campaign to publicize the changes. Here, we detail many of the biggest changes to the driver point system here in New York.
How New York’s Point System Works In General
In New York, points are assessed against a driver’s license based on convictions for traffic violations and some criminal offenses. If a driver accumulates a certain number of points during a particular period of time, the DMV will take actions against the driver. When a driver accumulates 11 or more points, their privilege to drive in New York will be suspended. In New York, it is considered a privilege to drive and not a right.
The Driver Responsibility Assessment (DRA) is a civil penalty the DMV will assess against a driver. When it comes to points, the DMV will assess a DRA of $300 against a driver when he or she accumulates six points. For each additional point accumulated, the assessment goes up $75. Additionally, the DMV will assess a DRA for alcohol and drug related driving convictions. Any such conviction will trigger a $750 civil penalty. Further, if a driver is found to have refused a chemical test, there is an additional DRA of $750.
How the New Regulations Changed the Point System
In essence, the DMV’s new regulations add points to several violations and offenses where no points were previously assigned. They also increase the points on a few different violations. According to the DMV, these regulations are meant to target repeat offenders and high-risk behaviors.
New Regulations Changed the Look Back Period
The look back period refers to the amount of time during which points are accumulated to determine suspensions and DRA civil penalties. Previously, the look back period of time was 18 months. Now, the DMV will calculate points for a period of 24 months from the date the ticket was issued. So, there is now an additional six months in which if a driver accumulates points, the DMV can impose civil penalties and suspensions.
Note that this does not impact how insurance companies view violations or convictions. For insurance companies, they look back 36 months. Moreover, insurance companies look at the date of conviction, rather than the date the ticket is issued.
New Regulations for Re-Licensing of Multiple DWI Offenders
Additionally, there were changes to the re-licensing of multiple DWI offenders. The DMV last updated their regulations in October 2012 on the licensing of this group of drivers. Now, a driver’s license will be revoked for life if they have four alcohol or drug related driving incidents within their lifetime, or three such incidents and at least one serious driving offense (an offense incurring 5 or more points) within the 25-year look back period.
There was also a change in the regulations relating to younger drivers. Prior to the update, if a driver under age 19 received youthful offender status for an alcohol or drug related conviction, this did not count as a conviction in the eyes of the DMV. However, that has changed. Now, any conviction for an alcohol or drug related offense carries the same weight with the DMV – regardless if the driver receives youthful offender status in criminal court.
References:
- Carolyn Gusoff, “New York DMV quietly puts in place a more severe point system for bad driving,” CBS News New York (Nov. 22, 2024). Available at: https://www.cbsnews.com/newyork/news/new-york-department-of-motor-vehicles-point-system/ (last accessed Dec. 26, 2024).
- Maki Becker, “‘A huge deal’: Big changes to NYS DMV rules mean more points, higher insurance for bad drivers,” ABC News 7 – WKBW Buffalo (Dec. 6, 2024). Available at: https://www.wkbw.com/news/local-news/a-huge-deal-big-changes-to-nys-dmv-rules-mean-more-points-higher-insurance-for-bad-drivers (last accessed Dec. 26, 2024).
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