2006 New York Code - Flagperson.

 
    § 115-b. Flagperson.  The term "flagperson," when used in this chapter
  means and includes:
    1. Any person employed by or on behalf of the state, a  county,  city,
  town  or  village,  a  public  authority, a local authority, or a public
  utility company, or the agent or contractor of any such entity, who  has
  been  assigned  to  control  or  direct  traffic  on  public highways in
  connection with any construction, survey, and/or maintenance work  being
  performed.
    2.  Any  person employed by or on behalf of a railroad corporation who
  has been assigned to control or  direct  traffic  at  a  railroad  grade
  crossing.
    3.  Any person holding a certificate issued by the commissioner, which
  authorizes such person to operate an escort vehicle, and  who  has  been
  assigned  to  control,  warn,  or  direct traffic in connection with the
  movement of an escort vehicle on a public highway.