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New York

June 2009


Aggressive Driving Laws
None (other moving violations are used)
Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Offices.
Cell Phone Driving Laws

Handheld Ban

All Cell Phone Ban

Text Messaging Ban

Enforcement

Crash
Data
Collected

Pre-
emption
Law

School Bus Drivers

Novice Drivers

All Drivers

School Bus Drivers

Novice Drivers

Yes

 

 

 

 

 

Primary

Yes

 

Sources: American Automobile Association (AAA), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Child Passenger Safety Laws

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)

Adult seat belt Permissible
unless indicated, # refers to Yrs.(Lbs.)

Maximum Fine
First Offense

<3 unless >40 lbs. and no lap/shoulder belt available; 4 - 6 unless no lap/shoulder belt available

7 - 15; or 4 - 6 (or >40) if no lap/shoulder belt available

$100

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Drug Impaired Driving Laws

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.

Drunk Driving Laws

Admin. License
Suspension on
First Offense

Limited Driving Privileges During Suspension

Increased Penalties for High Blood Alc. Concen-
tration (BAC)

Open Container Laws

Repeat Offender Laws

Vehicle and License
Plate
Sanctions

Ignition Inter-
locks

Alcohol Exclusion Laws Limiting Treatment Opportunity

Variable

Yes

.18

Yes

Yes

Vehicle confiscation

Discretionary

Yes

Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices.
Graduated Driver Licensing (GDL) Laws

Learner Stage

Intermediate Stage

Full Privilege
Min. Age
(Yrs./Mos.)

Required
Supervised
Driving (Hrs.)
(Nighttime hours in parenthesis)

Min.
Age
(Yrs./
Mos.)

Min.
Duration
(Mos.)

Min. Age
(Yrs./Mos.)

Nighttime Driving Restriction

Passenger
Restriction*
(* family members
exempt)

16

up to 6

16 / 6

9 p.m. - 5 a.m.

No more than 2 pass. <21 unless supervised by >21-yr. old driver*

17 (w/ driver's ed.)

18 (w/out driver's ed.)

20

Sources: Insurance Institute for Highway Safety (IIHS), American Automobile Association (AAA) and State Highway .

Helmet Laws

Motorcyclists

Bicyclists

All Helmet Law

Partial Law

All Helmet Law Repealed

1967

 

 

>1 and <14 (riding with children <1 prohibited)

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Mature Driver Laws

Length of Regular Renewal Cycle (Yrs.)

Provisions for Mature Drivers

8

 

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Seat Belt Laws

Type of Law

Who is Covered
(Yrs.)

In What Seat

Maximum Fine
First Offense

Primary <16

Rear

$50

All

Front

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Segway Laws

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.
Sobriety Checkpoint Laws

Checkpoints Conducted?

Comments

Yes

Conducted weekly

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Speed Limit Laws

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.
Speed and Red Light Cameras

State Law

Viola-
tions

Loca-
tion

Citation Issued to Whom

Lia-
bility

Image

Tradi-
tional Enforce-
ment Penalties

Records/ Points/ Penalties

De-
fenses

Privacy

Per- mitted

Red light

Cities of at least 1,000,000; up to 100 sites per city (New York City)

Owner

Owner

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

$100 max.; 3 points

$50; not a record or conviction offense; may not be used by insurers

Driver convicted; vehicle stolen; vehicle leased or rented by another; owner may seek indemnifi-
cation by driver

Photos may not include images of the driver, passengers or contents of the vehicle

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.
Work Zone Speed Limit Laws

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.