What This Guide Covers
This guide provides a comprehensive overview of the New York State Vehicle and Traffic Law (VTL), the body of statutes governing the operation of motor vehicles, bicycles, and pedestrian conduct on public roadways throughout the state. Whether you are a driver, cyclist, or pedestrian, understanding these laws is essential for safety, compliance, and protecting your legal rights after an accident.
This article covers:
- Core traffic rules that apply to drivers, cyclists, and pedestrians
- Common violations and their penalties under the VTL
- Accident reporting obligations (MV-104 and Section 605)
- No-fault insurance procedures and deadlines
- How traffic violations affect fault and liability after a crash
- Frequently asked questions about New York traffic law
Use the table of contents below to navigate to the sections most relevant to your situation.
Key Takeaways
Right on red: Outside New York City, you may turn right at a red light after a complete stop and yielding to pedestrians and other traffic, unless a sign prohibits it. In New York City (population over one million), right turns on red are prohibited unless a posted sign explicitly permits the turn.
Traffic stops (VTL § 1172): You must come to a complete stop at every stop sign at the marked stop line, before the crosswalk, or at the point nearest the intersection where you can see approaching traffic. There is no legal distinction between a "rolling stop" and running a stop sign; both are violations carrying 3 points and fines up to $150 plus an $88-$93 surcharge.
Reporting obligations: Under VTL § 605, if you are involved in an accident in New York State that results in injury, death, or property damage exceeding $1,000 to any one person, you must file a Report of Motor Vehicle Accident (Form MV-104) with the DMV within 10 days. Failure to file is a misdemeanor and will result in automatic suspension of your driver's license until the report is filed.
What Is the NYS Vehicle and Traffic Law?
The New York State Vehicle and Traffic Law (VTL) is a comprehensive set of statutes enacted by the New York State Legislature that govern the operation, registration, and regulation of vehicles on public highways throughout the state. The VTL is codified in Title 7 ("Rules of the Road") and other titles covering licensing, registration, equipment standards, accident reporting, and penalties.
The VTL applies to all public roadways in New York, including state highways, county roads, city streets, toll roads, bridges, tunnels, and even some privately owned roads open to the public. Key provisions cover:
- Traffic control devices (signals, signs, markings) - Articles 24, 29
- Speed restrictions - Article 30
- Right of way - Article 26
- Driving on the right side, passing, and overtaking - Article 25
- Alcohol and drug-related offenses - Article 31
- Stopping, standing, and parking - Article 32
- Accident reporting and safety responsibility - Title 6
The VTL also establishes the DMV point system, which assigns points to various traffic violations based on severity. Accumulating 11 points within 18 months (or 10 points within 24 months under new 2026 rules) can result in license suspension.
Can You Turn Right on Red in New York?
Outside New York City: Yes, under VTL § 1111(d)(2)(a), you may make a right turn at a steady red light after coming to a complete stop, provided you yield the right-of-way to pedestrians in marked or unmarked crosswalks and to other traffic lawfully in the intersection. This applies to all cities, towns, and villages in New York State with populations under one million, unless a "NO TURN ON RED" sign is posted.
In New York City: No, right turns on red are prohibited throughout New York City unless a sign specifically permits the turn. This prohibition applies to any city in New York State with a population of one million or more (in practice, New York City).
Penalties for failing to yield on a right turn on red (VTL § 1111(d)(2)(a)):
- 3 points on your license
- Fine up to $150 (first offense)
- Mandatory surcharge of $88-$93
- Increased insurance premiums
School buses: The driver of a school bus carrying pupils cannot turn right on any red light, even outside New York City.
What Is the Traffic Stop Law in New York?
VTL § 1172(a) governs how drivers must respond to stop signs at intersections. The law requires:
You must stop:
- At a clearly marked stop line, if present
- Before entering the crosswalk on the near side of the intersection, if no stop line
- At the point nearest the intersecting roadway where you have a view of approaching traffic, if there is no crosswalk or stop line
There is no legal distinction between a "rolling stop" and running a stop sign. Both are treated as violations of VTL § 1172(a) and carry the same penalties.
Penalties for disobeying a stop sign (VTL § 1172(a)):
- 3 points added to your license
- Fine up to $150 for a first offense ($300 for a second within 18 months, $450 for a third)
- Mandatory surcharge of $88-$93
- Increased insurance premiums, as stop sign violations are among the top 10 causes of accidents in New York
Right of way at four-way stops: When multiple vehicles approach a four-way stop, the vehicle that arrives first has the right to proceed first. If two vehicles arrive simultaneously, the driver on the left must yield to the driver on the right.
When You Must File an Accident Report in New York
Under VTL § 605, every person operating a motor vehicle involved in an accident in New York State must file a written report with the DMV Commissioner if any of the following occurred:
- A person is injured or killed (including the driver, passengers, pedestrians, or cyclists)
- Property damage exceeds $1,000 to the property of any one person (including your own vehicle)
- An e-bike or e-scooter is involved and a person is injured or killed (effective July 11, 2025)
Every driver involved in such an accident must file their own report, regardless of fault.
MV-104 Basics and Deadlines
Form: Report of Motor Vehicle Accident (MV-104)
Deadline: Within 10 days of the accident
Required information:
- Date, time, and exact location of the accident
- Driver, vehicle, and insurance information for all parties
- Number of people injured or killed and description of injuries
- Description of property damage to all vehicles and other property
- Diagram of the accident scene and narrative of how it happened
How to file:
- Online: Through the DMV website (dmv.ny.gov)
- By mail: Send completed form to: Crash Records Center 6 Empire State Plaza PO Box 2925 Albany, NY 12220-0925
- In person: At any DMV office
Consequences of failing to file:
- Criminal charge: Failure to file is a misdemeanor under VTL § 605(a)(2)
- License suspension: The DMV will automatically suspend your driver's license and vehicle registration until you file the report
- Fines and imprisonment: Possible fines and up to 15 days in jail
- Impact on claims: Missing or late filing can undermine the credibility of your insurance or personal injury claim
If you are physically incapable of filing the report (e.g., hospitalized), another participant in the accident who is not incapacitated must file within 10 days, or the vehicle owner must file once they learn of the accident.
What Section 605 Means for Accident Reporting
VTL § 605 is the state law that establishes the legal duty to report accidents to the DMV and sets the reporting thresholds, deadlines, and penalties.
Key provisions of VTL § 605:
Who must report: Every person operating a motor vehicle involved in an accident in New York State, except police officers, correction officers, or firefighters operating official vehicles on duty (if a report is filed by the vehicle owner).
When you must report: If the accident results in injury, death, or property damage exceeding $1,000 to any one person.
Deadline: Within 10 days of the accident.
What happens if you don't report:
- Failure to report is a misdemeanor and grounds for suspension or revocation of your driver's license and all vehicle registrations.
- The DMV may temporarily suspend your license immediately until you file the report.
- For non-residents, failure to report is grounds for suspension or revocation of the privilege to operate a motor vehicle in New York.
Bicycles and e-scooters: As of July 11, 2025, a person operating a bicycle or electric scooter involved in an accident on a public highway in New York in which any person (other than the operator) is killed or suffers serious physical injury must file a report with the DMV within 10 days.
Section 605 works in conjunction with VTL § 600, which requires drivers to remain at the scene of an accident, provide information to other parties, and report the incident to police if required.
What to Do After a Crash
If you are involved in a motor vehicle accident in New York, take the following steps to protect your health, your legal rights, and your ability to recover compensation:
- Stop and remain at the scene. Leaving the scene of an accident involving injury, death, or property damage is a crime under VTL § 600.
- Check for injuries and call 911 if anyone is hurt or if there is significant property damage. Request police and medical assistance.
- Exchange information with all other drivers involved:
- Name, address, phone number
- Driver's license number and state
- License plate number and vehicle registration
- Insurance company name and policy number
- Document the scene:
- Take photos or video of all vehicles, property damage, skid marks, road conditions, traffic signs, and any injuries
- Get names and contact information of witnesses
- Note the date, time, weather, and lighting conditions
- File a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if the accident resulted in injury, death, or property damage over $1,000.
- Report the accident to your insurance company as soon as possible, even if you were not at fault.
No-Fault Steps and When You May Sue
New York is a "no-fault" insurance state, which means your own auto insurance will pay for your medical expenses and lost wages after an accident, regardless of who caused it.
To receive no-fault benefits:
Step 1: File an NF-2 form within 30 days. You must submit an Application for No-Fault Benefits (NF-2 form) to your insurance company (or the insurance company of the vehicle you occupied or that struck you) within 30 days of the accident. This is a strict deadline with very few exceptions.
Step 2: Submit medical bills and records. As you receive treatment, submit your medical bills, records, and proof of lost wages to the insurance company for reimbursement. The insurer must pay within 30 days of receiving the request or bill, or be subject to interest and penalties.
Minimum coverage: All New York vehicles (except motorcycles and certain commercial vehicles) must carry at least $50,000 in Personal Injury Protection (PIP) coverage per person.
When you can step outside no-fault and sue the at-fault driver:
Under New York law, you can file a liability claim or lawsuit against the at-fault driver only if your injuries meet the "serious injury" threshold defined in New York Insurance Law § 5102(d). Serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment that prevents you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the accident
If your injuries meet this threshold, you may pursue compensation for pain and suffering, emotional distress, and other non-economic damages that are not covered by no-fault insurance.
How Traffic Violations Affect Fault in Accidents
When an accident occurs in New York, determining who is at fault and to what extent often hinges on whether a driver violated the VTL or other traffic rules. Under New York's "pure comparative negligence" rule (CPLR § 1411), each party's compensation is reduced by their percentage of fault, even if they are 99% at fault.
Evidence used to determine fault:
- Traffic violations: Running a red light, speeding, failing to yield, following too closely, or disobeying a stop sign
- Police reports: Officer's assessment of fault and documentation of violations
- Witness testimony: Statements from passengers, other drivers, or bystanders
- Physical evidence: Vehicle damage, skid marks, traffic camera footage, and accident reconstruction
- Admissions of fault: Statements made at the scene or to insurers
Example 1: Red Light Violation and Comparative Fault
Driver A runs a red light in violation of VTL § 1111(d)-1 and enters an intersection. Driver B has a green light but is traveling 15 mph over the speed limit (VTL § 1180). The vehicles collide. At trial, the jury finds Driver A 70% at fault for running the red light and Driver B 30% at fault for excessive speed. If Driver B's total damages are $100,000, the award is reduced by 30%, allowing Driver B to recover $70,000.
Example 2: Stop Sign and Following Too Closely
Driver C approaches a stop sign but makes only a "rolling stop" and enters the intersection in violation of VTL § 1172(a). Driver D is following Driver C too closely in violation of VTL § 1129 ("following too closely"). Driver C brakes suddenly upon seeing another vehicle, and Driver D rear-ends Driver C. Both violations (failing to stop completely and following too closely) will be considered in determining each driver's share of fault.
Takeaway: Even if you did not cause the accident, a traffic violation on your driving record or cited in the police report can be used by insurers and opposing counsel to argue that you share some responsibility, which reduces your compensation under New York's comparative fault rule.
Common Traffic Violations and Penalties
New York's DMV point system assigns points to traffic violations based on severity. Accumulating 11 points within 18 months (or 10 points within 24 months under 2026 rules) can result in license suspension.
| Violation | VTL Section | Points | Typical Fine (1st Offense) | Surcharge |
|---|---|---|---|---|
| Speeding (1-10 mph over) | § 1180 | 3 | Up to $150 | $88-$93 |
| Speeding (11-20 mph over) | § 1180 | 4 | Up to $150 | $88-$93 |
| Speeding (21-30 mph over) | § 1180 | 6 | Up to $150 | $88-$93 |
| Speeding (31-40 mph over) | § 1180 | 8 | Up to $150 | $88-$93 |
| Running a red light (traffic control device) | § 1110(a) | 2 | Up to $150 | $88-$93 |
| Running a red light (passed red signal) | § 1111(d)-1 | 3 | Up to $225 ($450 in NYC) | $88-$93 |
| Disobeying a stop sign | § 1172(a) | 3 | Up to $150 | $88-$93 |
| Failed to yield right on red | § 1111(d)(2)(a) | 3 | Up to $150 | $88-$93 |
| Following too closely | § 1129 | 4 | Up to $150 | $88-$93 |
| Reckless driving | § 1212 | 5 | $100-$300 | $88-$93 |
| Cell phone use while driving | § 1225-d | 5 | Up to $150 | $88-$93 |
Driver Responsibility Assessment: If you accumulate 6 or more points within 18 months, you must pay an additional annual assessment fee of $100 per year for three years, plus $25 for each point above six.
Insurance impact: Traffic violations, especially those involving 3 or more points, typically result in increased auto insurance premiums for three to five years.
FAQ
What is the NYS V and T law?
The New York State Vehicle and Traffic Law (NYS VTL) is the body of statutes enacted by the New York State Legislature that governs the operation, registration, licensing, and regulation of motor vehicles, bicycles, and pedestrians on public roadways in New York State. The VTL is organized into titles covering definitions, DMV authority, safety and equipment standards, vehicle registration, driver licensing, accident reporting, rules of the road, and penalties.
Can I go right on red in NY?
Yes, outside New York City, you may turn right at a red light after coming to a complete stop and yielding to pedestrians and other traffic, unless a sign prohibits it (VTL § 1111(d)(2)(a)). In New York City, right turns on red are prohibited unless a sign specifically permits the turn.
What is the traffic stop law in NY?
VTL § 1172(a) requires every driver approaching a stop sign to come to a complete stop at a clearly marked stop line, before entering the crosswalk, or at the point nearest the intersection where the driver has a view of approaching traffic. There is no legal distinction between a "rolling stop" and running a stop sign (both are violations carrying 3 points and fines up to $150 plus surcharges).
What is Section 605 of the New York State Vehicle and Traffic Law?
VTL § 605 is the law that requires every driver involved in an accident in New York State to file a written Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if the accident resulted in injury, death, or property damage exceeding $1,000 to any one person. Failure to file is a misdemeanor and results in automatic suspension of your driver's license until the report is filed.
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Contact a New York Car Accident Lawyer
If you have been injured in a car accident in New York and believe another driver violated traffic laws or acted negligently, it is important to understand your rights under New York's no-fault insurance system and comparative fault rules. Consulting an experienced car accident attorney can help you navigate the claims process, preserve evidence, meet critical deadlines, and pursue full compensation for your injuries and losses. Contact the Porter Law Group at 833-PORTER9 or email info@porterlawteam.com for a free case review.
