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NY Vehicle and Traffic Law § 402: License Plate Violations
Vehicle and Traffic Law § 402 covers license plates: having both front and rear plates properly displayed, keeping them clean and readable, not covering them with tinted covers, glass or plastic, not obstructing them, and not displaying plates that do not belong to the vehicle. Covered or obscured plates carry higher fines. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles plate tickets in Nassau County and Suffolk County.
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NY Vehicle and Traffic Law § 402 at a glance
| License plate violations | |
|---|---|
| Statute | NY Vehicle and Traffic Law § 402 |
| Charge level | Traffic offense, not a crime |
| Basic fine | $25 to $200 |
| Covered, coated or obstructed plates | $100 to $500 |
| Most common on Long Island | Plate display (402(1)) and improper plates (402(4)) |
What NY Vehicle and Traffic Law § 402 says
1. (a) No person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a distinctive number assigned to it by the commissioner and a set of number plates issued by the commissioner with a number and other identification matter if any, corresponding to that of the certificate of registration conspicuously displayed, one on the front and one on the rear of such vehicle, each securely fastened so as to prevent the same from swinging and placed, whenever reasonably possible, not higher than forty-eight inches and not lower than twelve inches from the ground; [with exceptions for years in which only one plate is issued].
(b) (i) Number plates shall be kept clean and in a condition so as to be easily readable. (ii) Number plates shall not be knowingly covered or coated with any material or substance that conceals or obscures such number plates or that distorts a recorded or photographic image of such number plates. (ii-a) Number plates shall not be covered by glass or any plastic material, nor shall they be covered with a material appearing to be a number plate [that was not lawfully issued]. (iii) The view of such number plates shall not be obstructed by any part of the vehicle or by anything carried thereon, [except an E-ZPass-type toll transponder mounted according to the tolling facility’s instructions].
4. No person shall operate or drive a motor vehicle upon the public highways of this state having displayed thereon number plates not proper for such vehicle under the provisions of this chapter and, upon a conviction for this offense, the number plates shall be surrendered to the court for delivery to the commissioner. The failure to produce the certificate of registration or registration renewal stub of a vehicle shall be presumptive evidence of displaying number plates not proper for the vehicle. […]
8. A violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars, except that: (a) A violation of subparagraph (ii), subparagraph (ii-a) or subparagraph (iii) of paragraph (b) of subdivision one of this section shall be punishable by a fine of not less than one hundred nor more than five hundred dollars. […]
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Bracketed text is our summary of omitted language in the official statute.
What the prosecutor has to prove
- You operated, drove or parked a motor vehicle on a public highway.
- The plates were missing, not properly displayed, unreadable, covered, obstructed, or not proper for the vehicle.
Penalties for license plate
| Outcome | What it means |
|---|---|
| Basic fine | $25 to $200, plus a surcharge. |
| Covered, coated or obstructed plates | $100 to $500. The court can also order the cover removed or the plates replaced. |
| Improper plates | Plates not proper for the vehicle are surrendered to the court on conviction. |
| Related charges | Plate tickets often come with registration and insurance charges that matter more. |
Got a license plate ticket?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How license plate charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 41 people had VTL 402 charges alongside other charges, about two thirds of them in Nassau County. The most common were plate display (402(1)) and improper plates (402(4)), followed by covered or obscured plates.
Plate tickets frequently come with unregistered vehicle (VTL 401), suspended registration (VTL 512) and VTL 318(7) charges.
Traffic infractions in Nassau County are handled by the Nassau County Traffic and Parking Violations Agency, 801 Axinn Avenue, Garden City, NY 11530. In the five western towns of Suffolk County, they are handled by the Suffolk County Traffic and Parking Violations Agency, 100 Veterans Memorial Highway, Hauppauge, NY 11788. When a ticket comes with a criminal charge, the case is heard at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, or the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722.
An example
A driver with a tinted plate cover and no front plate is stopped on Sunrise Highway. The tickets are VTL 402(1)(a) for the missing front plate and 402(1)(b)(ii-a) for the cover. Removing the cover, mounting the front plate and bringing photos to court usually leads to the best outcome.
Defenses to a VTL 402 charge
- Fix it before court. Photos showing the plate mounted and the cover removed often lead to a reduced fine or dismissal.
- Registration. Bring your registration to rebut the presumption of improper plates.
- Single-plate exceptions. Some vehicles and plate years require only one plate.
Related offenses
- VTL 401: unregistered vehicle
- VTL 512 and VTL 355: suspended registration
- VTL 306 and VTL 319: inspection and insurance
- Long Island traffic ticket defense
NY Vehicle and Traffic Law § 402: frequently asked questions
Do I need a front license plate in New York?
Yes, in general. VTL 402 requires plates on both the front and rear of a vehicle, with exceptions for registration years in which only one plate is issued and for certain vehicles.
Are tinted license plate covers illegal in New York?
Yes. VTL 402 prohibits covering plates with glass or plastic and with material that conceals, obscures or distorts the plate, with fines of $100 to $500.
What is the fine for a license plate ticket?
The basic fine is $25 to $200. Covered, coated or obstructed plates carry fines of $100 to $500. A surcharge is added.
How do I resolve a plate ticket?
Fix the problem, take photos, bring your registration to court, and talk to a lawyer about a reduction or dismissal.
How much does a lawyer cost for this ticket?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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