The New York State DMV admits that it is incorrectly overcharging cyclists for traffic violations and wrongly adding points to their drivers licenses, but the agency hasn’t agreed to stop doing it.

In his most recent Streetsblog column, attorney Steve Vaccaro pointed out that the DMV’s online payment system does not distinguish between bikes and motor vehicles. As a result, cyclists who plead guilty and pay traffic tickets online are stuck with an $88 surcharge that doesn’t apply to bike violations, and are getting points on their licenses that don’t legally apply.

Vaccaro got a letter from the DMV today acknowledging that, under state law, “there are no points assigned for violations committed by bicyclists,” and that the law “exempts bicycle violations from the mandatory surcharge.”

The DMV agreed to refund the surcharge for two of Vaccaro’s clients, but the letter did not indicate that the agency would fix its web site, or give other cyclists their money back and remove license points they shouldn’t have.

In a letter back to DMV, Vaccaro wrote, “Going forward, it appears that remedying this problem will require more than a reminder to the DMV clerical staff.” In addition to modifying its online payment system, Vaccaro says the traffic ticket form used by NYPD should be changed to “make clear” that the surcharge is not “’mandatory’ for cyclists.”

“They haven’t in any way addressed the web site,” Vaccaro told Streetsblog, “and they are still sitting on $88/per cyclist moving violations for the last ‘x’ number of years.”

We’ll continue to follow this story as it develops. In the meantime, if you believe you were overcharged or wrongly given license points by DMV within the last two years, you can contact Vaccaro’s office.