New York law regulates the way in which drivers can and cannot use their lights and signals, including hazard lights. Failure to use hazard lights properly can lead to a traffic ticket. This, in turn, can mean fines, points on your driving record, and more.

However, just because you have received a traffic citation does not mean you are guilty of it. You have the chance to fight back and avoid the above penalties. Let The New York Traffic Ticket Lawyers help you make a strong defense.

What You Need to Know About VTL § 1163(e)

New York Vehicle & Traffic Law (VTL) § 1163(e) reads as follows:

The driver of a vehicle equipped with simultaneously flashing signals as provided for in subdivision eighteen-a of section three hundred seventy-five shall use such signals when the vehicle is stopped or disabled on a public highway, except when such vehicle is stopped in compliance with a traffic-control device or when legally parked. The driver of a vehicle so equipped may use such signals whenever necessary to warn the operators of following vehicles of the presence of a traffic hazard ahead of the signaling vehicle, or to warn the operators of other vehicles that the signaling vehicle may itself constitute a traffic hazard, taking into account traffic and highway conditions. No person shall use such signals for any other purpose.

The statute makes it clear that hazard lights, termed “simultaneously flashing signals,” are not intended for unrestricted use. There are required, permissible, and impermissible uses of these lights in New York.

Required uses of hazard lights

A driver must use their hazard lights when their vehicle is either stopped or disabled on a public highway. However, there are two exceptions to this: when stopped at a traffic signal (e.g., red light) or because the vehicle is legally parked.

Permissible uses of hazard lights

A driver may use their hazard lights to alert drivers following behind them that there is a traffic hazard ahead, such as debris or an accident. The driver may also use the lights when their own vehicle poses a potential hazard to others, for instance due to a mechanical problem.

Impermissible uses of hazard lights

As the last sentence of VTL § 1163(e) indicates, any other use of hazard lights in New York is illegal. This includes using them while driving in bad weather if the vehicle itself does not present a traffic hazard or using them to increase visibility when there is no other valid reason.

Some drivers use their hazards as substitutes for broken or malfunctioning turn signals. Doing this could lead to a ticket. All of your lights and signals should be fully functioning, and you cannot improperly use one in place of another.

The Consequences of a VTL § 1163(e) Ticket

Improper use of, or failure to use, hazard lights may not seem that serious. But a ticket could have some significant consequences. You could be facing:

Fine: A first-time conviction in New York commonly carries a fine of up to $150, although the exact amount depends on the court and the applicable statutory penalty provisions.
Surcharge: Courts also typically impose a mandatory surcharge, usually $93, and sometimes other fees.
Driver license points: A violation of VTL § 1163(e) is a moving violation, so a conviction means 2 points are added to your record. Accumulating 11 or more points in an 18-month (formerly 24-month) period will cause a driver license suspension.
Driver Responsibility Assessment: If you accumulate 6 driver license points in an 18-month period, you must pay an additional Driver Responsibility Assessment fine. The 2 points that come with this ticket contribute to that 6-point mark.
Insurance consequences: Because a VTL § 1163(e) ticket is a moving violation, your insurance premium may increase.

Possible Defenses to a VTL § 1163(e) Ticket

Just because you received a citation for improper use of hazards does not mean you should plead guilty. The prosecution has the burden of proof, and you can fight back with a compelling defense. Your attorney may make one of the following arguments on your behalf:

The use of hazards was permitted: The statute expressly allows drivers to use hazard lights to warn of dangers ahead of them or with their vehicle. This could include many different scenarios like an accident, a roadway obstruction, or a malfunction with the driver’s vehicle.
The vehicle was disabled: Drivers must use their hazard lights if their vehicle is actually disabled. Prompt use of hazards and evidence that the vehicle truly cannot be moved out of the roadway could therefore be a defense.
Necessity or emergency: A driver who suddenly experiences a medical emergency is not technically the same thing as the vehicle being disabled or having a malfunction. But it can obviously prevent the driver from continued safe operation of the vehicle, so this may be a defense.
Misunderstanding the statute: In general, the police officer may have misunderstood VTL § 1163(e) and when the use of hazards is required, permitted, or not permitted. The exact facts of your citation will determine what strategy your lawyer will use.
Failure to prove beyond a reasonable doubt: The prosecution must prove each element of the statute beyond a reasonable doubt. Issues like lack of evidence, conflicting witness testimony, or mistaken identity could undermine the prosecution’s case.

Contact Our Attorney for Failure to Use Hazard Lights Properly (VTL § 1163(e))

Don’t let a hazard light ticket cost you unnecessary money. If you were cited for failure to properly use your hazards, reach out to The New York Traffic Ticket Lawyers. You can give us a call or connect online to schedule your initial case consultation today.

Frequently Asked Questions About New York Hazard Light Tickets

Can I use my hazards during heavy snow or rain?

Unless there is another use of your hazards permitted or required under the statute, no. This is a common practice for drivers but it can technically result in a ticket. At the same time, however, the weather may present an actual danger that could justify using the hazards under the law.

What evidence can help my case?

Evidence like dashcam or other video footage, vehicle records relating to a malfunction, and eyewitness statements could help you. The officer’s testimony or notes could also help your case if they include errors or contradictions. Your own testimony may also be evidence.

Is a plea bargain possible?

A plea bargain may be possible based on the facts of your ticket, which court you are in, and other factors. For example, the prosecution may reduce the ticket to a non-moving violation or to one that carries fewer points. Our attorney can explore all possible solutions for your case.