VTL

Question 1

Consider the following lists and determine which contains a vehicle which is not an AUTHORIZED EMERGENCY VEHICLE.

A: Ambulance, police vehicle, correction vehicle
B: Fire vehicle, Civil Defense Emergency Vehicle, Emergency Ambulance Service Vehicle
C: Environmental Emergency Response Vehicle, Sanitation Patrol Vehicle, Public Utility Repair Vehicle
D: Hazardous Materials Emergency Vehicle, Ordnance Disposal Vehicle of the Armed Forces of the U.S.

Answer 1

C: The public Utility Repair Vehicle may be a HAZARD vehicle, but it is NOT an authorized emergency vehicle. Each of the other 10 is. The list has been greatly expanded over the years.

Question 2

Which of the following defined terms is not correct according to the V.T.L.?

A: A “driver” means every person who operates or drives or is in actual physical control of a vehicle.
B: The term “drug” as used in the V.T.L. includes depressant, stimulant, hallucinogenic and narcotic drugs.
C: A “motorcycle” is a motor vehicle having a seat or saddle for the rider and designed to travel on not more than three wheels, any two which are more than twenty inches in diameter.
D: An “owner” of a vehicle does not include a lien holder.
E: An “intersection” is the area embraced within the prolongation of the lateral curb lines.

Answer 2

C: No mention of wheel diameter. Please note that re: a MOTORCYCLE, some points to remember are:

1. Handlebars not above shoulders.
2. Don’t carry package that prevents BOTH hands being on handlebars.

Question 3

According to Article 1 of the V.T.L., which of the following is not correct?

A: A bus includes every motor vehicle used for transporting persons and designed to carry more than seven passengers.
B: An omnibus is any motor vehicle used in the business of transporting passengers for hire, except those uses to transport agricultural workers to and from their employment.
C: A snowmobile is specifically excluded from the definition of a motor vehicle.
D: Parking means the standing of a vehicle, whether occupied or not, except when done temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.

Answer 3

A: 15 or more in addition to the driver.
NOTE: Re: MOTOR VEHICLE, excluded from the definition are the following:
1. Electrically driven mobility assistance devices operated or driven by a person with a disability
2. Vehicles which run only on rails or tracks
3. Snowmobiles
4. All-terrain vehicles (REGISTRATION REQUIRED ALWAYS)

Question 4

According to the V.T.L., a “business district” is defined as the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes which occupy a certain amount of frontage along the highway.

Which of the following is correct re: the frontage along the highway?

A: It must be at least 300 feet on both sides of the highway.
B: It must be at least 600 feet collectively on both sides of the highway.
C: It must be at least 300 feet on one side or 300 feet collectively on both sides.
D: It must be a minimum of at least 150 feet on each side of the highway.

Answer 4

C: See Section 105 V.T.L. . . . which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

Question 5

Which of the following is not correct according to the V.T.L.?

A: A “traffic infraction” is a violation of a law regulating traffic which is not declared to be a felony or a misdemeanor.
B: Punishment for a traffic infraction shall not be deemed a penal or criminal punishment.
C: For purposes of arrest without a warrant, a traffic infraction shall be deemed an offense.
D: Any fine imposed by an administrative tribunal for the traffic infraction shall not be a civil penalty.

Answer 5

D: Yes, it shall. Please note that offenses connected with the REGISTRATION OF SNOWMOBILES AND VESSELS are NOT considered to be traffic infractions.

Question 6

According to Section 116 of the V.T.L., a FLAMMABLE LIQUID is defined as a liquid which has a flash point of

A: 70 degrees Fahrenheit or less.
B: 80 degrees Fahrenheit or less.
C: 60 degrees Fahrenheit or less.
D: 90 degrees Fahrenheit or less.

Answer 6

B: 80 degrees Fahrenheit or less.

Question 7

A “Class A Limited Use Motorcycle” is defined as having a speed limit of

A: more than 30 MPH but not more than 40 MPH
B: more than 40 MPH but not more than 50 MPH.
C: more than 20 MPH but not more than 30 MPH.
D: less than 30 MPH and a horsepower of not more than 5 MPH

Answer 7

A: Choice C describes a Class B. A Class C limited use motorcycle has a maximum speed of not more than 20 MPH.

Question 8

According to Section 125 of the V.T.L., which of the following would be considered to be a motor vehicle?

A: A motorcycle
B: A snowmobile
C: A vehicle which runs only upon rails or tracks
D: An electrically-driven invalid chair operated or driven by an invalid
E: An all-terrain vehicle

Answer 8

A: A MOTORCYCLE IS A MOTOR VEHICLE. Every vehicle operated or driven upon a public highway which is propelled by other than muscular power is a MOTOR VEHICLE, except for the 4 listed exceptions. Look at how “tractors” are handled.

Question 9

Which of the following is not correct according to the V.T.L.?

A: The defined term POLICE OFFICER includes every duly designated PEACE officer acting pursuant to his special duties.
B: The defined term PERSON includes a corporation.
C: A PEDESTRIAN is any person who is afoot or in a wheelchair.
D: The OMNIBUS is any vehicle used in the business of transporting people for hire but only if it has a carrying capacity of more than 7 persons.

Answer 9

D: There’s no mention of any seating capacity in that definition.

Question 10

Which of the following would not be considered a VEHICLE as that term is defined in Section 159 of the V.T.L.?

A: A device used exclusively upon stationary rails or tracks
B: A motor-driven bicycle
C: An air-powered four-wheeled wagon
D: A limited-use motorcycle

Answer 10

A: Consider this: What is a SUBWAY TRAIN? It is neither a VEHICLE (runs on tracks) nor a MOTOR VEHICLE (same reason). Suppose someone INTENTIONALLY damages an occupied subway train by throwing a MOLOTOV COCKTAIL into it. Is this Arson? NO - NO BUILDING or MOTOR VEHICLE is
involved. TOUGH CONCEPT.

Question 11

According to the V.T.L., the “parking area of a shopping center” is sometimes subject to the traffic control regulations of the V.T.L. Which of the following is correct re: the size of such parking area?

A: At least one acre
B: At least 100 feet of business frontage
C: At least 500 feet along a highway
D: Any size if the public has access and more than one business is serviced thereby.

Answer 11

A: Please note that the D.W.I. laws in the V.T.L. apply in this area AND in any PARKING LOT having capacity for 4 or more vehicles except private property areas of a one or two family residence. Therefore, if a 3 family house has a 4 car parking area, it is subject to the D.W.I. laws.

Question 12

George is a Florida resident who moves to New York State and his intent is to become a New York resident. For what period of time is he exempted from registering his motor vehicle in New York?

A: 30 days
B: 45 days
C: 60 days
D: 90 days

Answer 12

A: See Section 250 V.T.L.

Question 13

On Friday, March 2nd, 2012 at 9:30 PM, P.O. Mullins serves an Appearance Ticket on Roger for defective license plate light. It is possible for Roger to “beat the rap” if he can show, by proper certification, that the defect was corrected before

A: the returnable date of the ticket.
B: 1/2 hour after sunset on Monday, March 5, 2012.
C: 1/2 hour after sunset on Saturday, March 3, 2012.
D: 1/2 hour after sunset on Sunday, March 4, 2012.

Answer 13

C: Saturday is the next business day. See Section 376-a V.T.L.

Question 14

The procedure for “beating the rap” as outlined in the last question is applicable for all of the following equipment violations, except

A: headlight offenses.
B: emergency (hand) brake offenses.
C: service brake offenses, or two front headlights out.
D: defective horn.

Answer 14

C: In these cases a ticket must be issued and the violator can’t “beat the rap” by showing it was corrected. In all other equipment offenses the case can be dismissed if defect is properly corrected.

Question 15

Evaluate the following statements according to Section 511 V.T.L.

1. Aggravated Unlicensed Operation of a Motor Vehicle 2nd and 3rd Degree are punishable as misdemeanors.
2. Aggravated Unlicensed Operation of a Motor Vehicle 1st Degree is punishable as a Class E Felony.
3. Aggravated Unlicensed Operation of a Motor Vehicle 1st Degree requires that the defendant currently be violating Section 1192, Subd. 1, 2, 3, 4 or 5 V.T.L.

A: All 3 are correct
B: Only #3 is correct
C: Only #1 and #2 are correct
D: Only #2 is correct

Answer 15

C: Only #1 and #2 are correct

Question 16

Roger and Tondelayo are partners. Tondelayo knows that Roger’s license to drive has been suspended and, in spite of this knowledge, Tondelayo lends her car to Roger at Roger’s request. If Roger drives Tondelayo’s car under these circumstances, Tondelayo is guilty of

A: Allowing and Permitting Unlicensed Operation.
B: Facilitating Aggravated Unlicensed Operation 3rd Degree.
C: Aggravated Unlicensed Operation 3rd Degree.
D: Criminal Negligence in the Operation of a Motor Vehicle.

Answer 16

B: Facilitating Aggravated Unlicensed Operation 3rd Degree.

Question 17

Based on the facts in the previous question, if Roger should be caught driving Tondelayo’s car under those circumstances, Roger should be charge with which of the following categories of AGGRAVATED UNLICENSED OPERATION?

A: A Traffic Infraction
B: A Misdemeanor
C: A Violation
D: A Class E Felony

Answer 17

B: AUO 3rd (and AUO 2nd) is a Misdemeanor. AUO 3rd and AUO 2nd are UNCLASSIFIED MISDEMEANORS because they each specify the sentence to be imposed. Absent specifying the classification or the sentence, all MISDEMEANORS are classified as being CLASS A.

See, PL Section 55.10 Designation of offenses.
1. Felonies.
(a) The particular classification or subclassification of each felony
defined in this chapter is expressly designated in the section or
article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a felony without specification of the classification thereof, or
for which a law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A
misdemeanor or a class B misdemeanor, as expressly designated in the
section or article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a misdemeanor without specification of the classification thereof
or of the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a sentence to a term of
imprisonment in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining it, such offense shall be
deemed an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly
designated as such. Any offense defined outside this chapter which is
not expressly designated a violation shall be deemed a violation if:
(a) Notwithstanding any other designation specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not
in excess of fifteen days is provided therein, or the only sentence
provided therein is a fine; or
(b) A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to
that date.
4. Traffic infraction. Notwithstanding any other provision of this
section, an offense which is defined as a “traffic infraction” shall not
be deemed a violation or a misdemeanor by virtue of the sentence
prescribed therefor.

Question 18

Which of the following statements is not correct concerning accident reports under Section 605 V.T.L.?

A: An Accident Report is required whenever any person is killed or injured.
B: An Accident Report is required whenever property damage exceeds $1,000 to any one person.
C: If the operator of the involved vehicle cannot make the report, then the owner or other person involved should make it within 10 days after he learns the facts.
D: Failure to make required report is a Traffic Infraction.

Answer 18

D: Failure to make required report is a Traffic Infraction.

Question 19

The set of facts below which describes a FELONY is

A: Leaving the Scene of a property damage accident.
B: Leaving the Scene of a personal injury accident.
C: Fleeing from the Scene of a serious personal injury accident.
D: Leaving the Scene of an accident involving injury to certain animals, including cats.

Answer 19

C: Fleeing from the Scene of a serious personal injury accident.

Question 20

Under what circumstances can a police officer make an arrest without a warrant for Leaving the Scene which is not criminal and which did not occur in the officer’s presence?

A: When the offense was, in fact, committed and the officer has reasonable cause to believe that the violation was committed by the arrested person.
B: When the officer has reasonable cause to believe (RCTB) that the offense was committed and RCTB that the person to be arrested committed it.
C: Only when there is sufficient cause to justify such an arrest under Article 140 C.P.L.
D: Such an arrest cannot be made since petty offenses must occur in the officer’s presence and geographical area of employment (G.A.O.E.)before such an arrest is authorized

Answer 20

A: When the offense was, in fact, committed and the officer has reasonable cause to believe that the violation was committed by the arrested person.

Question 21

Which of the following is not accurate according to 1192 of the V.T.L.?

A: Driving While Intoxicated is a Misdemeanor.
B: Driving While Intoxicated, per se, is a Misdemeanor.
C: A person who now stands convicted of (A) or (B) above and who has a prior conviction of either within 10 years is guilty of a Felony.
D: Driving While Ability to Operate is Impaired by drugs is a Misdemeanor.
E: A person who now stands convicted of (D) above and who has a prior conviction of (D) above within 10 years is guilty of a Felony, but if conviction of (D) above within 10 years is guilty of a Felony, but if the prior conviction is of (A) or (B) above, it is not a Felony.

Answer 21

E: Yes it is. Section 1192, Subd. 2, 3 or 4 are all in the MISDEMEANOR category. But, you can MIX and MATCH any of them with a prior conviction within 10 years to convert them into a felony.

Question 22

Every person operating a motor vehicle which has been involved in an accident or a traffic offense shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in 1194 of the V.T.L.

The above statement is

A: true as it stands.
B: not complete.
C: false, but would be true if the phrase “within 3 hours” was contained in the second sentence.
D: false, but would be true if the phrase “within 2 hours” was contained in the second sentence.

Answer 22

A: This section provides for a preliminary FIELD TEST. As you read further in the V.T.L., a FULL-BLOWN CHEMICAL TEST can be given within 2 hours of the FIELD TEST if the field test indicated that ALCOHOL HAS BEEN CONSUMED (no mention of blood alcohol level) by such person. See 1194, Subd. 2 which goes on to say that such test will be administered according to the rules and regulations of the police force of which the officer is a member. Apparently, and this is not clear, an arrest is NOT required.

Question 23

Which of the following is not accurate according to the V.T.L.?

A: Reckless driving is a Misdemeanor.
B: Driving while intoxicated is a Misdemeanor.
C: Driving with .08% alcohol in the blood is a Misdemeanor.
D: Driving while ability is impaired by the consumption of alcohol is a Traffic Infraction.
E: Driving while ability is impaired by drugs is a Traffic Infraction.

Answer 23

E: Please note that DRIVING IMPAIRED ALCOHOL (1192, Subd. 1) is NOT ALWAYS a traffic infraction. BE AWARE that IF A SPECIAL VEHICLE is involved (see 1193, Subd. 1(2), a blood alcohol level of LESS THAN .08% is punishable as a MISDEMEANOR and can escalate to a FELONY if there is a PRIOR CONVICTION AND PENALTY within 10 years of a special vehicle offense.

Question 24

Which of the following blood alcohol readings is prima facie evidence of impairment?

A: .05% or less
B: more than .05% but less than .07%.
C: .07% but less than .08%.
D: .08% or more

Answer 24

C: Watch out for these readings:
– .05% or less is P.F. neither INTOX. nor IMPAIRED.
– More than .05% but less than .07% is P.F. not intox., but RELEVANT to prove impaired.
– .07% but less than .08% is P.F. not intox., but P.F. he is impaired.
There is NO WEIGHT OF EVIDENCE attached to .08% or more.

Question 25

When an arrest is made for violating Section 1192 V.T.L., various tests may be administered. There are COORDINATION TESTS and there are CHEMICAL TESTS. Chemical tests of all of the following body fluids are authorized, except

A: urine.
B: blood
C: saliva
D: perspiration

Answer 25

D: perspiration

Question 26

On which of the following types of property would the D.W.I. laws NOT be applicable?

A: Public highways
B: Private roads open to motor vehicle traffic
C: Parking lots as defined in 1192 V.T.L.
D: Private property on which is situated a one or two family residence

Answer 26

D: See 1192(7) V.T.L.

Question 27

Roger has been arrested for driving while his ability is impaired by drugs (1192, Subd. 4 of the V.T.L.). His fingerprints have been taken and a rap sheet showing his prior criminal record has been obtained.

Which of the following prior convictions, if within the past 10 years, would escalate the current offense to a felony?

1. Driving Impaired Alcohol (1192-1)
2. Driving While Intoxicated, per se (1192-2)
3. Driving While Intoxicated (1192-2)
4. Driving Impaired Drugs (1193-4)

A: #1, #2, #3 or #4
B: #2, #3 or #4 but not #1
C: #4 only
D: #2 and #3 only

Answer 27

B: #2, #3 or #4 but not #1

Question 28

Which of the following sets of circumstances describes a MISDEMEANOR?

A: Tondelayo drives her automobile while her B.A.C. is .07%.
B: George drives his automobile while his B.A.C. is .07% and George has a prior conviction of the same offense within the past 5 years.
C: Roger drives his automobile while his B.A.C. is .07% and Roger has a prior conviction for the same offense and one for Driving Impaired Drugs within the past 10 years.
D: Tondelayo operates a truck with a G.V.W.R. of more than 18,000 pounds carrying dangerous cargo while her B.A.C. is .08%.

Answer 28

C: NOTE: A person who violates 1192, Subd. 1 (DRIVING IMPAIRED ALCOHOL) and who has TWO or more convictions for ANY subdivision of 1192 within the past 10 years is guilty of a MISDEMEANOR. Choice D is a felony.

Question 29

Roger is arrested for violating 1192 V.T.L. His B.A.C. is .08%. Roger has a prior conviction within the past 10 years of DRIVING IMPAIRED ALCOHOL (1192-1). Based on the above, the statement below which is NOT correct is

A: Roger’s current offense is a Misdemeanor.
B: Roger’s prior offense was a Traffic Infraction.
C: Roger’s prior conviction raises the current charge to a Felony.
D: Roger is required to be fingerprinted

Answer 29

C: It doesn’t escalate in this case.

Question 30

Which of the following statements is NOT correct according to the V.T.L.?

A: Evidence of .05% or less blood alcohol is prima facie evidence that the person is neither impaired nor intoxicated.
B: Evidence of more than .05% blood alcohol but less than .07% blood alcohol is prima facie evidence that the person is not intoxicated, but is RELEVANT evidence that the person is impaired.
C: Evidence of .07% blood alcohol but less than .08% blood alcohol is prima facie evidence that the person is NOT intoxicated, but is PRIMA FACIE evidence that the person is impaired.
D: Evidence of .08% or more blood alcohol is prima facie evidence that the person is intoxicated.

Answer 30

D: There is NO WEIGHT of evidence given to .08% or more blood alcohol. It is, PER SE, against the law under 1192, Subd. 2 of the V.T.L. and is described as DRIVING WHILE INTOXICATED: PER SE. Remember, .18% or more is AGGRAVATED PER SE.
NOTE: When a person violates 1192, Subd. 2, 3 or 4 and causes S.P.I. or DEATH, this fact MUST be indicated on the accusatory instrument. See 1192, Subd. 12.

Question 31

Which of the following is not accurate according to the V.T.L.?

A: No person shall operate a motor vehicle while he has .08% of one percentum or more by weight of alcohol in his blood.
B: Any person who operates a motor vehicle or motorcycle in this state shall be deemed to have given his consent to a chemical test of hisbreath, blood, urine, or saliva for the purpose of determining the alcoholic or drug content of his blood.
C: Only a physician or a registered professional nurse acting at the request of a police officer shall be entitled to withdraw blood, urine,or saliva for the purpose of determining alcoholic or drug content.
D: The person tested shall be permitted to have a physician of his own choosing administer a chemical test in addition to the one administered at the direction of the police officer.

Answer 31

C: There is no limitation on who can collect the breath, urine or saliva sample. There is a restriction on who can withdraw blood. The persons authorized to do so have been expanded over the years. See 1194, Subd. 4 of the V.T.L. NOT INCLUDED in the list is a LICENSED PRACTICAL NURSE, and this is usually the question asked.

Question 32

When an arrested person is properly required to submit to a chemical test to determine blood alcohol content, and the person refuses to do so, the police officer before whom such refusal was made must prepare a written report re: such refusal. Which of the following statements is correct re: said report?

A: It must be forwarded to the Commissioner of Motor Vehicles within 72 hours.
B: It must be forwarded to the Commissioner of Motor Vehicles within 48 hours.
C: It shall be presented to the court upon arraignment of the arrested person.
D: It shall be forwarded to the D.M.V. Hearing and Adjudication Bureau whether or not the arrested person is found guilty.

Answer 32

C: In 1192-a cases forward report within 48 hours.

Question 33

Roger, while operating a COMMERCIAL VEHICLE, is stopped for a traffic infraction. The officer involved believed Roger was intoxicated and placed him under arrest. A chemical test administered within 2 hours of the arrest showed that Roger’s BLOOD ALCOHOL CONTENT (B.A.C.) was .04%.

Based on this set of facts, evaluate the following statements.
1. Because Roger’s B.A.C. was .05% or less, it is PRIMA FACIE EVIDENCE that Roger is neither intoxicated nor impaired, and he will NOT be convicted under 1192 V.T.L.

2. Roger could properly be charged with and convicted of violating 11192, Subd. 1 of the V.T.L.

A: Both statements are accurate
B: Both statements are inaccurate
C: Only #1 is accurate
D: Only #2 is accurate

Answer 33

D: See 1192, Subd. 5 and Subd. 6 where operators of COMMERCIAL VEHICLES are prohibited from driving with .04%, .05%, .06% and .07%.

Question 34

Evaluate the following statements re: 1192 V.T.L.

1. The provisions apply to “PARKING LOTS.”
2. The CAPACITY of the above “PARKING LOT” is FOUR or more motor vehicles.
3. The provisions do NOT apply to areas of private property on which is situated a one or two family residence.

A: All statements are correct
B: Only #1 and #3 are correct
C: Only #3 is correct
D: Only #1 and #2 are correct

Answer 34

A: All statements are correct

Question 35

Tondelayo was convicted three months ago of DRIVING WHILE INTOXICATED in New Jersey. Today she is arrested and charged with DRIVING WHILE INTOXICATED in New York.

Based on the provisions of 1192 V.T.L., the correct statement below is

A: Tondelayo’s current charge is raised to a felony.
B: Tondelayo’s prior conviction shall be deemed to be a conviction for 1192 V.T.L., Subd. 1.
C: If Tondelayo refused a chemical test in New Jersey, the New York charge is not escalated.
D: Tondelayo’s prior conviction (in New Jersey) has no application in New York.

Answer 35

A: See 1192, Subd. 8. The OUT-OF-STATE conviction will escalate the current charge to a felony.

Question 36

Roger has been arrested for DRIVING IMPAIRED DRUGS under 1192 V.T.L., Subd. 4. There was an accident in connection with his operation of a motor vehicle, and in that accident Tondelayo was killed.

Based on the above facts, the choice below which is not correct is

A: 1192 V.T.L., Subd. 4 is a crime.
B: 1192 V.T.L., Subd. 4 could escalate to a FELONY based on a prior conviction for 1192, Subd. 2, 3 or 4.
C: Roger must be fingerprinted.
D: A SIMPLIFIED TRAFFIC INFRACTION cannot be used as the accusatory instrument in this case.

Answer 36

D: See 1192, Subd. 12. The officer involved who prepares the Simplified Traffic Information must make a clear notation thereon that someone was killed by placing the letter “D” in the DESCRIPTION of VIOLATION. The letters “SPI” shall be used for “serious physical injury.”