Skip to Content
Streetsblog New York City home
Log In
Bicycling

Has DMV Relapsed Into Its Old Habit of Ripping Off Cyclists?

4:44 PM EDT on April 30, 2018

Photo: Rob Foran

Four years after the Department of Motor Vehicles was caught systematically overcharging cyclists who received traffic tickets, the attorney who brought the scandal to light thinks the agency might be making the same mistakes again.

When police ticket people on bicycles, they're supposed to code the violation differently than a motor vehicle infraction. Driving violations include an $88 surcharge and, potentially, points on the license. Biking violations are always exempt from both.

But for years, DMV appended the extra $88 and license points to cyclists' fines. Only after attorney Steve Vaccaro revealed the pattern of excessive penalties did DMV correct its practice.

Now Vaccaro suspects that DMV may have relapsed. A cyclist recently showed Vaccaro (whose firm -- full disclosure -- is a Streetsblog sponsor) the fees for red light violations he received while biking. Each infraction carries the $88 surcharge and license points that by law only apply to motorists.

mandatory_surcharge

It's just one case so far, but Vaccaro points out that NYPD recently digitized its process of filling out traffic tickets, and the transition could have disrupted the fix DMV instituted four years ago. It wouldn't be the first time NYPD and DMV put a system in place where something gets lost in translation between the agencies, to the detriment of cyclists.

That's the hypothesis. And if history is any guide, we can't count on NYPD and DMV to own up to ripping off people who bike. The proof will have to come from cyclists who get overcharged.

If you were wrongly charged by DMV, the evidence won't be on your ticket but on the agency's website. When you log in to pay a fine for a bike violation, the columns for "mandatory surcharge" and "driver violation points" should be blank. If they're not, you've been ripped off by the state.

To ascertain if DMV is repeating its old mistakes, cyclists who've been erroneously assessed the surcharge and license points should take a screenshot of their records on the DMV website (it should look like the images in this post) and email it to info@vaccaroandwhite.com.

driver_violation_points

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Highway Boondoggles 2023: Salt Lake Shenanigans

Plans for a major freeway expansion based on over-inflated traffic projections are a wrongheaded way to deal with the region’s rapid population growth.

December 3, 2023

Cycle of Rage: Mayor is Failing the Leadership Test on Congestion Pricing

Purely for political and self-serving purposes, Mayor Adams is attacking congestion pricing — and, in doing so, is undermining the implementation of a program that he has long claimed to be a "strong" supporter of.

December 1, 2023

New York City is Down One MTA Board Member as Mayor Fights Congestion Pricing Fee

Sherif Soliman, who was appointed to the board only last year, quietly resigned on Sept. 22, and the mayor won't get a new person on the panel until next year.

December 1, 2023

Friday’s Headlines: A Congestion Alert Day

Like everyone else, we covered congestion pricing. Plus other news.

December 1, 2023

Adams Says He’ll Ban Parking Near 1,000 Intersections Every Year To Make Corners Safer

The city will daylight 1,000 intersections a year. A Brooklyn corner where a boy was killed in a crash is still waiting for the safety upgrades.

December 1, 2023
See all posts