New York · Handbook chapter 6 · 7 min read
Chapter 6: Defensive driving
New York defensive driving: scanning, distractions, aggressive driving and road rage, the 55 mph default and 25 mph in New York City, the two-second rule, seat belt and child seat law, air bags, work zones, roundabouts, drowsy driving, phones and vehicle checks.
Why this chapter matters
This is the longest safe-driving chapter in the manual and supplies many permit test questions, especially on speed limits, following distance, seat belts and child seats and phone use.
The defensive habits
Look ahead, keep a safe speed, signal, leave space, wear your seat belt, keep your vehicle in good order, never drive tired, medicated or after drinking, and do not use hand-held devices.
Look ahead
- Sit upright and keep both hands on the wheel.
- Keep your eyes moving: scan well ahead, check the sides, and check your mirrors every few seconds. Do not fix your eyes on the car in front.
- Expect mistakes. Do not assume a driver at a STOP or YIELD sign on a side road will stop.
Distractions
A distraction is anything that takes your attention from driving, including mental distractions such as a heated conversation. Do not use phones or text, avoid emotional arguments and eating, make sure children are properly restrained, and keep pets in a carrier or kennel.
Aggressive driving and road rage
Aggressive driving (speeding, tailgating, weaving without signals, passing on the shoulder, running lights) usually breaks traffic laws. Road rage is an angry, hostile state that can turn into violence, and involves breaking criminal law. Aggressive driving can grow into road rage.
If an aggressive driver confronts you:
- Avoid eye contact, stay calm and try to get away safely.
- Do not speed up or hold your lane to challenge them.
- Ignore gestures and shouts.
- Report them with a vehicle description, location, plate number and direction.
- If they follow you, do not stop or get out; drive to the nearest police station.
Speed
- Obey the posted limit. Where no limit is posted, the maximum is 55 mph.
- In New York City, the limit is 25 mph unless another limit is posted.
- The legal limit is not always a safe speed. You can be ticketed for driving at a speed that is not reasonable for conditions, even below the limit.
- Some highways have minimum speeds. Driving too slowly can be as dangerous as driving too fast.
Space
Four in 10 crashes are rear-end collisions, usually from following too closely.
- Two-second rule: when the car ahead passes a fixed point, count "one thousand one, one thousand two." If you reach the point before you finish, you are too close.
- Use three or four seconds in bad weather and behind large trucks.
- If someone tailgates you, change lanes or slow down and pull off to let them pass. Do not brake suddenly.
- Leave escape room to your left and right.
Seat belts, child seats and air bags
New York is a primary enforcement state: an officer may stop you just for a seat belt violation, and the law applies to visitors too.
| Who | Rule | Penalty |
|---|---|---|
| Driver | Must wear a seat belt | Fine up to $50 |
| Passengers 16 or older | Must wear a seat belt, one person per belt | Fine up to $50 each |
| Passengers under 16 | The driver must make sure each is belted or in the correct child restraint | $25 to $100 and three points per violation |
| Children under 4 | Federally approved child safety seat, attached by seat belt or LATCH; rear-facing until 2 or the seat's height or weight limit | |
| Children 4 to 7 | Appropriate child restraint, such as a booster seat with lap and shoulder belt | |
| Children 8 to 15 | Seat belt; a booster is recommended for children under 4'9" or under 100 lb |
- Air bags work with seat belts, not instead of them.
- Sit with at least 10 inches between the center of your chest and the air bag cover, and hold the wheel at 3 and 9 o'clock.
- Never put a rear-facing infant seat in the front seat of a vehicle with a passenger air bag.
Work zones
- Fines double for speeding in a work zone, even when no workers are present.
- Orange diamond signs warn of work ahead. A flagger has the same authority as a sign.
- When a lane is closing, merge at the first notice; do not race to the end of the closed lane.
- The most common work-zone crash is the rear-end collision. Keep at least two seconds of following distance.
- Moving work zones (line painting, patching, mowing) can shift. Obey the signs until you pass the one that shows the work zone has ended.
Roundabouts
- Traffic moves counterclockwise around a central island, with yield-at-entry: wait for a gap before entering.
- Roundabouts are designed for speeds of 30 mph or less.
- Choose your lane from the signs, slow down and yield to pedestrians in the crosswalk. Look left: traffic in the roundabout has the right-of-way.
- Do not stop in the crosswalk while waiting. Do not pass a bicycle inside the roundabout.
- Once inside, you have the right-of-way. Signal right as you approach your exit, and yield to pedestrians as you leave.
Drowsy driving
Warning signs include heavy eyelids, yawning, wandering thoughts, not remembering the last few miles, drifting and hitting rumble strips. Young drivers, shift workers, lone and night drivers are most at risk.
- Before a long trip: get enough sleep, drive with a companion, and stop every 100 miles or two hours. Do not drive for at least 15 minutes after waking.
- If drowsy: radio and open windows do not work. Pull off to a safe place for a 15 to 45 minute nap. Caffeine takes about 30 minutes to reach the bloodstream.
Phones and electronic devices
- Talking on or listening to a hand-held phone while driving is a traffic infraction: a first offense can bring a fine of up to $200 and five points. Hands-free phones are allowed.
- Texting or e-mailing on a portable device: up to $200 for a first offense, $250 for a second and $450 for a third or more within 18 months.
- Junior and probationary drivers: 120-day suspension for a first conviction, and a revocation of at least one year for another within six months of getting the license back.
Vehicle condition
- Vehicles must be inspected at least once a year.
- Brakes that pull to one side may be wet; dry them by pressing the pedal lightly.
- Tires need at least 2/32 of an inch of tread. In the penny test, if you can see all of Lincoln's head, the tires are too worn. Cuts to the cords, bumps and bulges are illegal.
- Keep lights and windows clean, replace broken lenses and worn wipers, and use the horn to warn, not to express anger.
Frequently asked questions
What is the speed limit in New York when none is posted?
55 mph, and 25 mph in New York City unless another limit is posted.
What is the two-second rule?
Pick a fixed object; when the car ahead passes it, count two seconds. If you pass it first, you are following too closely. Use three or four seconds in bad weather or behind trucks.
Who is responsible for passengers under 16 wearing seat belts?
The driver, who can be fined $25 to $100 and get three points for each unbelted passenger under 16.
Until what age must a child ride rear-facing?
Until age 2, or until the child reaches the highest height or weight limit for rear-facing set by the seat maker.
Can I use my phone while driving in New York?
Only hands-free. Holding a phone to talk or listen, or texting on any portable device, is illegal while driving.
What should I do if an aggressive driver follows me?
Do not stop or get out. Drive to the nearest police station.
Based on the New York State Driver's Manual (MV-21), New York State DMV.