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Erie County Clerk Kearns Warns Drivers of Major DMV Point System Overhaul Coming to New York State in 2026

Lower suspension thresholds, higher point penalties, and new violations set to reshape driving rules

Erie County, NY — As 2026 approaches, Erie County Clerk Michael P. Kearns is urging motorists to prepare for significant and far-reaching changes to the New York State Department of Motor Vehicles (DMV) driver point system. These reforms, adopted in late 2024, are designed to more quickly identify high-risk motorists and improve road safety across New York State (NYS).

“With these new rules taking effect, it’s important for every New York driver to understand how points work and how they can affect your driving privileges,” said Clerk Kearns. “If you accumulate too many points, it can cause your license to be suspended or revoked. And points on a license can also impact what you pay for insurance.”

Currently, drivers face a possible suspension if they accumulate 11 points within 18 months. However, under the new rules, drivers can face suspension with 10 points within 24 months. This means drivers will have a lower point threshold limit, before facing penalties or possible suspension.

Many common violations will now carry more points, making it easier to reach the 10-point threshold:

  • Speeding 1–10 mph over limit: increasing from 3 to 4 points
  • Using a cell phone while driving: increasing from 5 to 6 points
  • Failure to yield to a pedestrian: increasing from 3 to 5 points
  • Reckless driving or passing a stopped school bus: will now result in 8 points, up from 5.

Speeding in construction zones is a particular focus under the new law. Violators who exceed the speed limit in a construction zone will now result in 8 points regardless of speed. “This is one of the most dramatic changes in the new law,” Kearns noted. “Construction workers deserve to be protected, and the state is sending a clear message.”

Drivers will also see points added for violations that previously never carried none:

  • Equipment violations: 1 point each
  • Illegal U-turns: 2 points
  • Obstructing traffic: 2 points
  • Failure to move over for emergency vehicles: now 3 points

These changes originate from Governor Kathy Hochul’s 2023 State of the State initiative, were formally proposed in the July 2024 New York State Register, adopted in November 2024, and will take effect in February 2026.

A major key change took effect in January 2025 for impaired-driving reform. The number of impaired driving convictions that result in a lifetime license revocation has been reduced from five DUI convictions to four.

“If you’ve been convicted of driving drunk four times, what the state is saying is you shouldn’t have a license and shouldn’t be on the road,” said Kearns. “And to every innocent victim of a drunk driver — I don’t know anyone who disagrees with that.”

These reforms aim to identify dangerous driving behavior earlier, increase accountability for repeat offenders, and strengthen protections for families on New York’s roadways.

“Driving is a responsibility,” said Kearns. “Understanding the rules of the road as well as the new point system helps keep your license in good standing and helps keep our roadways safer for everyone.”

Motorists can find full details on point values, violation explanations, and how to review their driving record by visiting the New York State DMV website at dmv.ny.gov/driver-license-points-and-penalties

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The Driver Violation Point System gives the DMV a way to identify and take action against high-risk drivers. The DMV assigns points for certain traffic violations. Points may result in fees, increased insurance premiums, and possible license suspension.
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