VTL 375-2(a) "Failure to use Headlamps While Wipers in use"

On the ticket, the description of violation may be “No Headlamps/Inclement

If your windshield wipers are on, then your headlights must be on. If you are driving with your wipers on but headlights off, you are in violation of Vehicle & Traffic Law 375-2(a). If you plead guilty to this ticket or are found guilty of this violation you will automatically get two points on your driver’s license. The fine is up to the judge, with the maximum being $150 + 63 surcharge for a first-time offense. The more expensive aspect of this conviction is the possible subsequent increased insurance rates. When you get points on your record they are seen by your insurance company, which typically raises the premiums at renewal.

Reason for the Law

Rain and snow can significantly reduce visibility for motorists. Raindrops on windshields can distort light and make it more difficult to see other vehicles and the road. Headlights make your car more noticeable to other drivers. It allows other motorists to react quicker and avoid possible accidents. In addition, by making your vehicle more visible, headlights help prevent accidents for vehicles behind you and oncoming traffic.

The text of the statute is as follows: (link)

2. (a) Every motor vehicle except a motorcycle, driven upon a public highway during the period from one-half hour after sunset to one-half hour before sunrise or at any other time when windshield wipers are in use, as a result of rain, sleet, snow, hail or other unfavorable atmospheric condition, and at such other times as visibility for a distance of one thousand feet ahead of such motor vehicle is not clear, shall display:

1. at least two lighted head lamps on the front, one on each side, having light sources of equal power;

2. if manufactured prior to January first, nineteen hundred fifty-two, at least one lighted lamp on the rear which shall display a red light visible from the rear for a distance of at least five hundred feet;

3. if manufactured on or after January first, nineteen hundred fifty-two, at least two lighted lamps on the rear, one on each side, which lamps shall display a red light visible from the rear for a distance of at least one thousand feet;  and

4. if required to display a number plate on the rear, a white light which shall illuminate the numerals on such plate in such manner as to render such numerals legible for at least fifty feet from the rear.  The provisions of this subparagraph shall also apply to trailers.

Benjamin Goldman Law Office

If you received a ticket for this violation, you can contact the Benjamin Goldman Law Office. We are a traffic ticket defense firm that helps motorists throughout New York State, from Shelter Island in Suffolk County to Lewiston, north of the Niagara Falls. The firm opened in 2011 and since then we have helped thousands of motorists facing all kinds of traffic related charges. Our attorneys have the requisite experience necessary to take on your case. Please note that you will not have to appear personally in court to fight the charge – your attorney can go to court in your place. Nor do you have to worry about the defense or the excuse. Your attorney can take care of that as well. The team at the Benjamin Goldman Law Office would love to help with your case. Our firm’s legal services and customer service has received stellar reviews. For more information, you can get in touch with us at your convenience. We can be reached by phone call, text message, email, or come visit our office in-person. Consultations are free.

Fight a VTL § 375-2(a) Ticket