2022 New York Laws
VAT - Vehicle and Traffic
Title 8 - Respective Powers of State and Local Authorities
Article 44 - Traffic-Control Devices
1680 - Department of Transportation to Maintain a Manual of Uniform Traffic-Control Devices.

Universal Citation: NY Veh & Traf L § 1680 (2022)
§ 1680. Department  of  transportation to maintain a manual of uniform
traffic-control devices. (a)  The  department  of  transportation  shall
maintain   a   manual   and  specifications  for  a  uniform  system  of
traffic-control devices consistent with the provisions of  this  chapter
for  use  upon  highways  within  this  state. Such uniform system shall
correlate with and so far as practicable conform to nationally  accepted
standards.  To  the  extent  that the National Manual on Uniform Traffic
Control Devices (hereinafter referred to  in  this  section  as  MUTCD),
promulgated  by the Federal Highway Administration pursuant to subpart F
of part 655 of Title 23 of the Code of Federal Regulations  and  subject
to a public comment period under federal law, does not conflict with the
provisions  of  this  chapter  and  the  provisions of other laws of the
state, the  National  MUTCD  shall  constitute  such  state  manual  and
specifications; provided, however, such manual and specifications may be
modified  by  the  commissioner  of  transportation by the adoption of a
supplement  or  supplements  as  such  commissioner  of   transportation
determines warranted and in compliance with the applicable provisions of
the   state   administrative   procedure   act.   The   manual  and  its
specifications is adopted as the  state  standard  for  traffic  control
devices  on  any street, highway, or bicycle path open to public travel.
No person shall install or maintain in any area of private property used
by the public any sign, signal, marking  or  other  device  intended  to
regulate, warn or guide traffic unless it conforms with the state manual
and  specifications  maintained  under  this  section.  Unless otherwise
provided for by the adoption of a  supplement  by  the  commissioner  of
transportation,  the operational practices related to emergency incident
responses provided in the manual shall  apply  to  police  officers  and
other  emergency responders responding to an emergency only in so far as
such officers or emergency responders deem compliance  with  the  manual
practicable.

(b) No provision of this chapter shall be deemed to require that such manual contain authority for the future installation of any specific kind or type of traffic-control device or combination of traffic-control devices which in the judgment of the department of transportation does not conform to such nationally accepted standards.

(c) No state or local authority shall hereafter fabricate or purchase any traffic-control device that does not conform to the current manual and specifications as amended from time to time. No state or local authority shall hereafter install any traffic-control device that does not conform to the current manual and specifications as amended from time to time, except that devices that are on order or on hand and serviceable or operable may be installed and used until the phase-in compliance date specified in the MUTCD. No state or local authority shall continue to use any traffic-control device that does not conform to the current manual and specifications as amended from time to time beyond the phase-in compliance date specified in the MUTCD, except that a city having a population in excess of one million shall conform to the state manual and specifications only insofar as such local authority in its discretion deems practicable.

(d) No person, firm, association or corporation shall sell, lease, or offer for sale or hire for use in this state any traffic control device that does not conform to the current manual and specifications as amended from time to time, or unless a certificate of approval has been issued by the commissioner of transportation pursuant to the provisions of section five hundred ninety-nine-b of the general business law. The provisions of this subdivision shall not apply to the sale, lease or offer for sale or hire to a city having a population in excess of one million.

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