2023 New York Laws › VAT - Vehicle and Traffic › Title 9 - Penalties and Disposition of Fines and Forfeitures › Article 45 - Penalties and Disposition of Fines and Forfeitures › 1800 - Penalties for Traffic Infractions.

§ 1800. Penalties  for  traffic  infractions.  (a)  It  is  a  traffic
infraction for any person to violate  any  of  the  provisions  of  this
chapter  or  of  any  local  law,  ordinance,  order, rule or regulation
adopted pursuant to this chapter,  unless  such  violation  is  by  this
chapter  or  other  law  of this state declared to be a misdemeanor or a
felony.
(b) 1. Every person convicted of a traffic infraction for a  violation
of  any  of  the  provisions of this chapter or of any ordinance, order,
rule or regulation adopted pursuant to section sixteen hundred thirty or
sixteen hundred thirty-one of this chapter for which another penalty  is
not  provided shall for a first conviction thereof be punished by a fine
of not more than one hundred fifty dollars or by  imprisonment  for  not
more  than  fifteen  days  or  by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within  a
period  of  eighteen  months, such person shall be punished by a fine of
not more than three hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by  a  fine  of
not more than four hundred fifty dollars or by imprisonment for not more
than  ninety  days  or by both such fine and imprisonment, except that a
person convicted of a traffic infraction for a  violation  of  paragraph
one  of  subdivision  (d)  of section one thousand one hundred eleven of
this chapter outside of a city having a population  of  one  million  or
more shall, for a first conviction thereof, be punished by a fine of not
less  than  seventy-five  dollars  nor more than two hundred twenty-five
dollars or by imprisonment for not more than fifteen  days  or  by  both
such fine and imprisonment; for a conviction of a second violation, both
of  which were committed within a period of eighteen months, such person
shall be punished by a fine of not less than one hundred  fifty  dollars
nor  more than three hundred seventy-five dollars or by imprisonment for
not more than forty-five days or by both  such  fine  and  imprisonment;
upon  a conviction of a third or subsequent violation, all of which were
committed within a period of  eighteen  months,  such  person  shall  be
punished  by  a fine of not less than three hundred seventy-five dollars
nor more than six hundred seventy-five dollars or  by  imprisonment  for
not  more  than ninety days or by both such fine and imprisonment except
that a person convicted for a violation of paragraph one of  subdivision
(d)  of  section  one thousand one hundred eleven of this chapter shall,
for a first conviction thereof, be punished by a fine of not  less  than
one hundred fifty dollars nor more than four hundred fifty dollars or by
imprisonment  for  not  more  than fifteen days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
committed within a period of  eighteen  months,  such  person  shall  be
punished  by a fine of not less than three hundred dollars nor more than
seven hundred fifty  dollars  or  by  imprisonment  for  not  more  than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period  of  eighteen  months, such person shall be punished by a fine of
not less than seven hundred fifty dollars nor  more  than  one  thousand
five hundred dollars or by imprisonment for not more than ninety days or
by both such fine and imprisonment.
2.   Notwithstanding   the   provisions   of  paragraph  one  of  this
subdivision, a person convicted of a traffic infraction for a  violation
of  paragraph  two  of  subdivision (b) of section twelve hundred two of
this chapter shall for a first conviction thereof be punished by a  fine
of  not  more  than four hundred dollars or by imprisonment for not more
than fifteen days  or  by  both  such  fine  and  imprisonment.  Upon  a

conviction for a second violation, both of which were committed within a
period  of  eighteen  months, such person shall be punished by a fine of
not more than six hundred dollars or by imprisonment for not  more  than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period  of  eighteen  months, such person shall be punished by a fine of
not more than seven hundred fifty dollars or  by  imprisonment  for  not
more than ninety days or by both such fine and imprisonment.
(c)  Every person convicted of a traffic infraction for a violation of
any local law, ordinance, order, rule, regulation or administrative code
provision adopted pursuant to this chapter by  any  local  authority  or
continued  in  effect  by this chapter, except those adopted pursuant to
sections sixteen hundred thirty and sixteen hundred thirty-one, shall be
punished in the same manner as has heretofore  been  prescribed  by  law
unless  or  until  otherwise prescribed by local law, ordinance or state
statute.
(d) A conviction of violation of any provision of this  chapter  shall
not be a bar to a prosecution for an assault or for a homicide committed
by any person in operating a motor vehicle or motorcycle.
(e) Every person convicted of a violation of the provisions of section
eleven  hundred  forty-four of this chapter shall for a first conviction
thereof be punished by a fine of not more than two hundred  seventy-five
dollars  or  by  imprisonment  for not more than fifteen days or by both
such fine and imprisonment. For a conviction of a second violation, both
of which were committed within a period of eighteen months, such  person
shall  be punished by a fine of not more than four hundred fifty dollars
or by imprisonment for not more than forty-five days  or  by  both  such
fine  and  imprisonment.  For  a conviction of a third violation and all
subsequent violations, all of which were committed within  a  period  of
eighteen  months,  such  person  shall be punished by a fine of not more
than seven hundred fifty dollars or by imprisonment for  not  more  than
ninety days or by both such fine and imprisonment.
(f)   Every   person  convicted  of  operating  a  truck,  tractor  or
tractor-trailer combination having a total gross weight in excess of ten
thousand pounds  in  violation  of  a  local  law,  ordinance,  rule  or
regulation enacted by the legislative body of any city with a population
in  excess of one million pursuant to the provisions of paragraph ten of
subdivision (a) of section sixteen hundred forty of this chapter  shall,
for  a first offense thereof, be punished by a fine of not less than two
hundred dollars nor more than five hundred dollars  or  by  imprisonment
for  not  more  than fifteen days or by both such fine and imprisonment.
For a conviction of a second violation, both  of  which  were  committed
within  a  period of eighteen months, such person shall be punished by a
fine of not less than five hundred dollars nor more  than  one  thousand
dollars  or by imprisonment for not more than forty-five days or by both
such fine and imprisonment. For a conviction of a  third  violation  and
all  subsequent  violations, all of which were committed within a period
of eighteen months, such person shall be punished by a fine of not  less
than  one  thousand  dollars  nor  more than two thousand dollars, or by
imprisonment for not more than ninety days or  by  both  such  fine  and
imprisonment.
(g) Notwithstanding the provisions of subdivisions (b) and (c) of this
section,  a  person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant  to
one  or more of the following provisions of this chapter: paragraphs two
and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of  section  seventy-one  of  the  transportation  law,  prohibiting the

operation on a highway or parkway of a motor  vehicle  registered  as  a
commercial vehicle and having a gross vehicle weight rating of less than
ten  thousand  pounds shall, for a first conviction thereof, be punished
by  a fine of not more than two hundred fifty dollars or by imprisonment
of not more than fifteen days or by both such fine and imprisonment; for
a conviction of a second violation, both of which were committed  within
a  period of eighteen months, such person shall be punished by a fine of
not more than five hundred dollars or by imprisonment for not more  than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period  of  eighteen  months, such person shall be punished by a fine of
not more than seven hundred fifty dollars or by imprisonment of not more
than ninety days or  by  both  such  fine  and  imprisonment.  Provided,
however,  the  provisions  of  this  subdivision  shall  not  apply to a
commercial motor vehicle as such term is defined  in  paragraph  (a)  of
subdivision four of section five hundred one-a of this chapter.
(h) Notwithstanding the provisions of subdivisions (b) and (c) of this
section,  a  person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant  to
one  or more of the following provisions of this chapter: paragraphs two
and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of  section  seventy-one  of  the  transportation  law,  prohibiting the
operation on a highway or parkway of a motor  vehicle  registered  as  a
commercial  vehicle and having a gross vehicle weight rating of at least
ten thousand pounds but no more than twenty-six thousand  pounds  shall,
for  a  first conviction thereof, be punished by a fine of not more than
three hundred fifty dollars or by imprisonment of not more than  fifteen
days or by both such fine and imprisonment; for a conviction of a second
violation,  both  of  which  were  committed within a period of eighteen
months, such person shall be punished by a fine of not more  than  seven
hundred  dollars or by imprisonment for not more than forty-five days or
by both such fine and imprisonment; upon a  conviction  of  a  third  or
subsequent  violation,  all  of  which were committed within a period of
eighteen months, such person shall be punished by a  fine  of  not  more
than  one  thousand  dollars  or by imprisonment of not more than ninety
days or by both such  fine  and  imprisonment;  provided,  however,  the
provisions  of  this  subdivision  shall not apply to a commercial motor
vehicle as such term is defined in paragraph (a) of subdivision four  of
section five hundred one-a of this chapter.
(i) Notwithstanding the provisions of subdivisions (b) and (c) of this
section,  a  person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant  to
one  or more of the following provisions of this chapter: paragraphs two
and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of  section  seventy-one  of  the  transportation  law,  prohibiting the
operation on a highway or parkway  of  a  commercial  motor  vehicle  as
defined  in  paragraph  (a)  of subdivision four of section five hundred
one-a of this chapter, for a first conviction thereof, be punished by  a
fine  of  not  more than seven hundred dollars or by imprisonment of not
more than fifteen days or by both such  fine  and  imprisonment;  for  a
conviction  of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by  a  fine  of
not  more  than one thousand five hundred dollars or by imprisonment for
not more than forty-five days or by both  such  fine  and  imprisonment;
upon  a conviction of a third or subsequent violation, all of which were
committed within a period of  eighteen  months,  such  person  shall  be

punished  by  a  fine  of  not  more  than  two  thousand  dollars or by
imprisonment of not more than ninety days  or  by  both  such  fine  and
imprisonment.