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If you drive on the shoulder of the road in New York, you’re breaking the law. Of course, there are a few exceptions. Generally speaking, however, it is illegal to drive on the shoulder of the road in the state of New York. Here’s what you need to know to avoid a ticket for this violation:

Is Driving on the Shoulder Permitted in New York?

Driving on the shoulder of a road is strictly prohibited in New York. Although it is legal in most cases to stop, stand, or even park on the shoulder, you cannot drive on the shoulder unless you meet one of the few exceptions (which we’ll cover later in this article).

For example, if you’re stuck in stop-and-go traffic and you decide to turn onto the shoulder to drive past all the stopped vehicles, you will most likely get a ticket.

Section 1131 of New York’s Vehicle and Traffic Law (§1131 NY VTL), you can operate no vehicle on the shoulder of the road unless that vehicle is specifically permitted to do so.

Penalties for Driving on the Shoulder in NY

Driving on the shoulder of the road is a misdemeanor moving violation in New York. Like all moving violations in the state, the penalties are significantly more severe than parking tickets; and, like all criminal offenses, those penalties can include jail time and a criminal record.

Let’s start with the fine. For your first time being convicted of this violation, you can expect to pay at least $150 in fines. That amount can increase to $300 for a second offense and $450 for any subsequent offenses.

In addition to that fine, you will have to pay a surcharge of either $88 or $93. Which price you pay is determined by where the violation occurred. For example, the surcharge for a ticket in Albany would be $88.

Of course, the most serious financial penalty associated with tickets for driving on the shoulder in New York is the fact that your insurance premiums can increase significantly over four years. This can result in you paying thousands of dollars in total after counting fines, surcharges, and other fees.

Speaking of other fees, if you are convicted of this violation, you can face up to two points on your driver license. If those two points put you at or above six active points on your record, then you could find yourself coming face-to-face with the Driver Responsibility Assessment (DRA) Fee.

The DRA Fee costs $100 once you earn six active points on your license and another $25 for each point thereafter. Those costs must be paid every year for three years. So, if you earn 10 points on your license, you would have to pay $525 in addition to all of the other penalties we mentioned.

Depending on your financial situation, the worst penalty may be yet to come. If a court finds you guilty of this violation in criminal court—rather than simply traffic court—you can face up to 15 days in jail and earn a permanent criminal record.

Most jobs aren’t willing to give 15 days of paid time off for convicts who need to serve a jail sentence, so you’ll probably lose your job. Moreover, any background checks for jobs that involve a lot of driving (e.g., Uber, Lyft, and New York City Yellow Cab Taxis), your past conviction will likely result in you not qualifying for the position.

What Is the Purpose of the Shoulder?

So, if you can’t drive on it, then what’s the purpose of the shoulder? There are two answers to this question, both of which are equally important:

• The shoulder serves as a secondary pavement for traffic in case of an emergency.
• The shoulder serves as a buffer area to the edges of the pavement and surrounding ecosystem.

Shoulders primarily serve as convenient access points for vehicles in the case of an emergency, so vehicles like ambulances can still get to the hospital in time even when traffic is at a standstill. A secondary benefit of the shoulder is to protect the edges of the pavement from chipping or fracturing, thereby damaging the road, and to reduce the negative impact of the pavement on the nearby environment.

Exceptions to the Law

As you might be able to guess from the purpose of the shoulder of a road, one exception to these rules has to do with emergency situations. You are permitted to drive on the shoulder of a vehicle only when you are actively seeking to avoid an emergency situation that would otherwise create a hazard to yourself or others.

For example, if a downed powerline has ignited debris on the main part of the road and your only way to avoid it is by driving on the shoulder, you can do so without fear of the penalties. The same goes for if there’s an accident ahead and the only way for you to safely pass it is to drive on the shoulder.

Of course, both of these two exceptions to the law will still require proof if an officer gives you a ticket. That’s where a dashcam comes in handy. This kind of proof will be an invaluable asset in proving your innocence in a court of law.

Even if you’ve already received a traffic ticket for driving on the shoulder in New York, don’t fret and don’t pay it yet. Paying the ticket is considering an admission of guilt and—contrary to what you might think—you might not actually be guilty.

Before deciding how you want to deal with this ticket, download the WinIt app and contact a lawyer in your area. Between your evidence and a local attorney’s experience with New York state traffic law, you just might be able to take your case to court and win it with WinIt.