New York driving laws
The rules your permit test asks about, in plain English. Each one is quoted from New York’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- No driver may talk on a hand-held phone or use a hand-held electronic device (texting, browsing, games) while the vehicle is moving.
- Alcohol and drugs (DUI)
- It is illegal to drive with a BAC of .08% or more (.04% in a commercial vehicle).
- Seat belts and child seats
- The driver and every passenger 16 and older must wear a seat belt in every seat, and police can ticket for this alone (primary enforcement).
- Speed limits
- Where no other limit is posted the maximum is 55 mph statewide.
Phones and texting
No driver may talk on a hand-held phone or use a hand-held electronic device (texting, browsing, games) while the vehicle is moving; hands-free calls are allowed. Junior permit and license holders and probationary drivers lose their license for 120 days on a first conviction.
Official wording (7 sources)
“no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion”
nysenate.gov“no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion”
nysenate.gov“shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation”
nysenate.gov“upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars.”
nysenate.gov“The first conviction of a cell phone use or texting violation will result in a suspension of the permit for 120 days.”
dmv.ny.gov“drivers with probationary and junior licenses who use a hand-held phone or text while driving will receive a 120-day suspension for a first conviction”
dmv.ny.gov“Use of mobile telephone or portable electronic device while operating a motor vehicle 5”
dmv.ny.gov
Alcohol and drugs (DUI)
It is illegal to drive with a BAC of .08% or more (.04% in a commercial vehicle); .18% or more is Aggravated DWI. Drivers under 21 face DMV action at .02%. Refusing a chemical test brings a license revocation of at least one year and a $500 civil penalty.
Official wording (7 sources)
“No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood”
nysenate.gov“a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood”
nysenate.gov“no person shall operate a commercial motor vehicle while such person has .04 of one per centum or more but not more than .06 of one per centum by weight of alcohol in the person's blood”
nysenate.gov“Any license which has been revoked pursuant to paragraph (c) of this subdivision shall not be restored for at least one year after such revocation”
nysenate.gov“revoked pursuant to the provisions of this section shall also be liable for a civil penalty in the amount of five hundred dollars”
nysenate.gov“shall be a misdemeanor and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in a penitentiary or county jail for not more than one year”
nysenate.gov“Six months, where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article.”
nysenate.gov
Seat belts and child seats
The driver and every passenger 16 and older must wear a seat belt in every seat, and police can ticket for this alone (primary enforcement). Children under 4 ride in a child safety seat (rear-facing under 2), and children 4-7 ride in a booster or other child restraint.
Official wording (5 sources)
“No person shall operate a motor vehicle unless such person is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in a motor vehicle unless such person is restrained by a safety belt”
nysenate.gov“New York is a "primary enforcement" state. A law enforcement officer can issue a traffic ticket for failure to wear a seat belt.”
dmv.ny.gov“all back seat passengers of such vehicle under the age of four are restrained in a specially designed seat which meets the Federal Motor Vehicle Safety Standards”
nysenate.gov“which shall be rear-facing whenever the passenger being restrained in such seat is under the age of two”
nysenate.gov“all back seat passengers of such vehicle who are age four or older but under age eight (i) are restrained in an appropriate child restraint system”
nysenate.gov
Move Over law
Drive with due care around emergency, hazard, tow, snowplow and blue- or green-light vehicles stopped on the shoulder or road. On parkways and controlled-access highways you must also move out of the lane next to them, and next to any vehicle stopped on the shoulder, if you can do so safely.
Official wording (4 sources)
“Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway”
nysenate.gov“Every operator of a motor vehicle on a parkway and on a controlled-access highway shall exercise due care to avoid colliding with a motor vehicle which is parked, stopped or standing on the shoulder or any portion of such parkway or controlled-access highway.”
nysenate.gov“moving from a lane which contains or is immediately adjacent to the shoulder where such motor vehicle is parked, stopped or standing to another lane”
nysenate.gov“drivers are further required to move from the lane adjacent to the emergency or hazard vehicle unless traffic or other hazards prevent doing so safely”
dmv.ny.gov
School buses
Traffic from both directions must stop for a school bus with flashing red lights, on any road, including the far side of a divided highway. Stay stopped until the bus moves on or the driver or a police officer signals you to go.
Official wording (3 sources)
“upon meeting or overtaking from either direction any school bus marked and equipped as provided in subdivision twenty of section three hundred seventy-five of this chapter which has stopped on the public highway”
nysenate.gov“said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a police officer to proceed”
nysenate.gov“This law applies on all roadways in New York State. You must stop for a school bus even if it is on the opposite side of a divided highway.”
dmv.ny.gov
Speed limits
Where no other limit is posted the maximum is 55 mph statewide; New York City's limit is 25 mph unless posted otherwise. School zone limits are set locally and posted. Some state roads and the Thruway may be posted up to 65 mph.
Official wording (4 sources)
“no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.”
nysenate.gov“Know that some cities have speed limits less than 55 mph (88 km/h) that are not be always posted. For example, the speed limit is 25 mph (40 km/h) in New York City unless another limit is posted.”
dmv.ny.gov“the commissioner of the department of transportation may establish a maximum speed limit of not more than sixty-five miles per hour on any state roadway which meets department criteria for such maximum speed.”
nysenate.gov“whenever maximum school speed limits have been established on a highway adjacent to a school”
nysenate.gov
After a crash
If a crash injures anyone, report it to the police at the scene or the nearest police station. If anyone is hurt or killed, or any one person's property damage is over $1,000, file a written report (MV-104) with DMV within 10 days.
Official wording (2 sources)
“in which damage to the property of any one person, including himself, in excess of one thousand dollars is sustained, shall within ten days after such accident, report the matter in writing to the commissioner”
nysenate.gov“or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer”
nysenate.gov
Insurance
New York requires at least $25,000 per person and $50,000 per accident for bodily injury ($50,000/$100,000 for death) and $10,000 for property damage.
Official wording (2 sources)
“twenty-five thousand dollars because of bodily injuries to and fifty thousand dollars because of death of one person in any one accident”
nysenate.gov“to a limit of fifty thousand dollars because of bodily injury to and one hundred thousand dollars because of death of two or more persons in any one accident, and to a limit of ten thousand dollars because of injury to or destruction of property of others”
nysenate.gov
Motorcycle helmets
Every motorcycle operator and passenger must wear a helmet meeting federal standard 218. Operators must also wear approved goggles or a face shield, even if the motorcycle has a windshield.
Official wording (2 sources)
“It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards”
nysenate.gov“for any person to operate a motorcycle unless he wears goggles or a face shield of a type approved by the commissioner.”
nysenate.gov
Motorcycle permit rules
You can get a motorcycle learner permit at 16 (Class MJ under 18). Practice under a supervising rider 21 or older with a valid motorcycle license who stays within 1/4 mile. No passengers except a Class M licensee. Junior permit holders also follow the under-18 rules.
Official wording (5 sources)
“An applicant for a class DJ or MJ license shall be at least sixteen years of age and such applicant must submit written consent to the issuance of such license by the applicant's parent or guardian.”
nysenate.gov“you must be supervised by a driver age 21 or older who has a valid motorcycle license from any state”
dmv.ny.gov“the motorcycle driver who supervises you must be within 1/4 mile of you at all times”
dmv.ny.gov“shall not operate a motorcycle while there is another person on such motorcycle unless such other person possesses a valid class M license.”
nysenate.gov“If you do not already have another class of New York State driver license, you must complete a pre-licensing course or a Driver Education course before you can schedule a road test.”
dmv.ny.gov
Lane splitting
Lane splitting is illegal. A motorcycle may not ride between lanes of traffic or between rows of vehicles, or pass in the same lane as the vehicle being passed. Two motorcycles may ride side by side in one lane.
Official wording (2 sources)
“No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
nysenate.gov“The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
nysenate.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with New York State Department of Motor Vehicles.