Traffic Accidents

What must I do at the accident scene?

If you are in an accident, you are required by the NYS Vehicle and Traffic Law to stop and exchange information with the involved drivers. If the accident caused property damage only, then exchange information about your driver license, insurance, and registration with the involved drivers. If a parked vehicle or other property is damaged, or if a domestic animal is injured, you must locate the owner or contact the police.

• If the property damage of any person is $1,001 or more, all the involved drivers are required by the NYS Vehicle and Traffic Law to file form MV-104 (Report of Motor Vehicle Accident). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident.
• If a person is injured or killed, you are required by the NYS Vehicle and Traffic Law to immediately notify the police. All the involved drivers and the police must file an accident report with the DMV. It is a crime to leave the scene of an accident that causes personal injury or death.
• The accident appears on the records of all the involved drivers. An accident listed on your driver record does not indicate that you were at fault. The DMV does not try to determine fault in an accident.

Traffic Accidents - What must I do at the accident scene?

• Call or visit the local police agency or precinct where the accident occurred. Ask the agency if your report is available and what the fee is.
• To get a copy from the DMV, use form MV-198C (Request for Copy of Accident Report).

Safety Restraints

Are child safety seats and child restraint systems required in New York State?

New York State law requires all children under the age of four to ride in safety seats. The law requires that all children age four, five or six ride in child restraint systems. Safety seats and child restraint systems must be certified according to Federal Motor Vehicles Safety Standard 213. Follow the instructions of the manufacturer of the seat or system, and make sure you install and use the seat or system correctly.

Note: The effective date of the requirement to use a child restraint system for a child age four, five, or six is March 27, 2005.

How do I select the correct child safety seat or child restraint system?

To select the correct protection for your child, carefully read the recommendations of child safety seat or child restraint system manufacturers.  The recommendations tell you what age weight and height a child can be to use the seat or system.  The recommendations are normally printed on the outside of the package. 

These examples can help you to select the correct child safety seat: 

• Infant seats are normally for infants that weigh approximately 22 pounds or less, are 25 inches or less in length, or are less than one year old. Face the infant seat toward the back of the vehicle. Never put an infant in the front seat of a vehicle that has a passenger-side air bag.
• Convertible child safety seats are normally for infants or toddlers that weigh approximately 40 pounds or less. For infants, face these seats toward the back of the vehicle. For toddlers more than one year old, you can change these seats to face the front of the vehicle. Follow the manufacturer's instructions to adjust the seat as the child increases in size.
• Booster seats are normally for children who have outgrown toddler seats. Booster seats are for children who are four to eight years old, who weigh 40 to 80 pounds, and who are less than four feet, nine inches in height. You can use a booster seat until an adult seat belt correctly fits the child without use of the booster seat. • Built-in child seats are available with some vehicle models. Built-in child seats fold away from the standard car seats. Do not use these seats for infants.

Always read the instructions and the information provided in the vehicle owner manual about the use of child safety seats or child restraint systems. Make sure you install and use the seat or system correctly at all times. Never use an infant seat in the front seat of a vehicle that has a passenger-side air bag. Make sure that other passengers use their seat belts. Read more tips on the correct use of safety seats and child restraint systems.

Can I use a child safety seat in a car with air bags?

It is not illegal under NYS law for a child passenger to ride in the front seat of a vehicle that has a passenger air bag, but it is dangerous. Recent studies show that air bags can cause serious or fatal injuries to infants, children or small adults that sit in the passenger-side front seat. It is also normally safer for a child of any age to ride in the back seat of any vehicle.

For the best child passenger protection in your vehicle:

• Never put a child safety seat in the front seat of a vehicle and face it toward the rear of a vehicle if that vehicle has a passenger-side air bag.
• Do not put small children in the front seat of vehicle that has an air bag. Put a child that does not use a safety seat and who is less than five ft. in height in the back seat.
• If a child must ride in the front seat, make sure the car seat is installed as far back as possible. Fasten the child securely in the child safety seat or seat belt. An air bag that opens suddenly can cause a serious injury to your infant or young child.
• Air bags, used with seat belts, provide the best protection for older children and adults during an accident.
• Remember that the back seat is the safest location for children to ride. Read more tips on the correct use of safety seats and child restraint systems.

What is the seat belt law in New York State?

New York State law requires all front seat passengers to wear seat belts. Children under the age of 16 must wear seat belts when they are in the front seat or the back seat. Children under the age of four must ride in safety seats. Children age four, five or six must ride in child restraint systems. The penalty for a seat belt or car seat violation is a fine of up $50. If a conviction includes a person under the age of 16, the driver receives a maximum fine of $100 and 3 points on the driver license record.