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ARTICLE 24
TRAFFIC SIGNS, SIGNALS AND MARKINGS
Section 1110. Obedience to and required traffic-control devices.
1111. Traffic-control signal indications.
1111-a. Owner liability for failure of operator to comply with
traffic-control indications.
1112. Pedestrian-control signal indications.
1113. Flashing signal indications.
1114. Display of unauthorized signs, signals, or markings.
1115. Interference with official traffic-control devices,
railroad signs or signals and other highway
appurtenances.
1116. Lane direction control indications.
S 1110. Obedience to and required traffic-control devices. (a) Every
person shall obey the instructions of any official traffic-control
device applicable to him placed in accordance with the provisions of
this chapter, unless otherwise directed by a traffic or police officer,
subject to the exceptions granted the driver of an authorized emergency
vehicle in this title.
(b) No provision of this title for which signs are required shall be
enforced against an alleged violator if at the time and place of the
alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.
(c) Whenever official traffic-control devices are placed in position
approximately conforming to the requirements of this chapter, such
devices shall be presumed to have been so placed by the official act or
direction of lawful authority, unless the contrary shall be established
by competent evidence.
(d) Any official traffic-control device placed pursuant to the
provisions of this chapter and purporting to conform to the lawful
requirements pertaining to such devices shall be presumed to comply with
the requirements of this chapter, unless the contrary shall be
established by competent evidence.
(e) For purposes of this article, "intersection" shall include the
area embracing the juncture of a highway with a private road or driveway
and "intersecting roadway" shall include an intersecting private road or
driveway.
S 1111. Traffic-control signal indications. Whenever traffic is
controlled by traffic-control signals, other than lane direction control
signal indications provided in section eleven hundred sixteen,
exhibiting different colored lights, or colored lighted arrows,
successively, one at a time or in combination, only the colors green,
yellow and red shall be used, and said lights shall indicate and apply
to drivers of vehicles and to pedestrians as follows:
(a) Green indications:
1. Traffic, except pedestrians, facing a steady circular green signal
may proceed straight through or turn right or left unless a sign at such
place prohibits either such turn. Such traffic, including when turning
right or left, shall yield the right of way to other traffic lawfully
within the intersection or an adjacent crosswalk at the time such signal
is exhibited.
2. Traffic, except pedestrians, facing a steady green arrow signal may
cautiously enter the intersection only to make the movement indicated by
such arrow, or such other movement as is permitted by other indications
shown at the same time, except that a U-Turn may be made by traffic
facing a left green arrow signal unless a sign prohibits such U-Turn or
such U-Turn is in violation of any other provision of law. Such traffic
shall yield the right of way to other traffic lawfully within the
intersection or an adjacent cross walk at the time such signal is
exhibited.
3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
green signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow indications:
1. Traffic, except pedestrians, facing a steady circular yellow signal
may enter the intersection; however, said traffic is thereby warned that
the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter.
2. Traffic, except pedestrians, facing a steady yellow arrow signal
may cautiously enter the intersection only to complete the movement
indicated by such arrow or make such other movement as is permitted by
other indications shown at the same time; however, said traffic is
thereby warned that the related green arrow movement is being terminated
or that a red indication will be ehxibited immediately thereafter.
3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
yellow signal are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
(d) Red indications:
1. Traffic, except pedestrians, facing a steady circular red signal,
unless to make such other movement as is permitted by other indications
shown at the same time, shall stop at a clearly marked stop line, but if
none, then shall stop before entering the crosswalk on the near side of
the intersection, or in the event there is no crosswalk, at the point
nearest the intersecting roadway where the driver has a view of the
approaching traffic on the intersecting roadway before entering the
intersection and shall remain standing until an indication to proceed is
shown except as provided in paragraph two of this subdivision.
2. Except in a city having a population of one million or more,
unless a sign is in place prohibiting such turn:
a. Traffic facing a steady circular red signal may cautiously enter
the intersection to make a right turn after stopping as required by
paragraph one of this subdivision, except that right turning traffic is
not required to stop when a steady right green arrow signal is shown at
the same time. Such traffic shall yield the right-of-way to pedestrians
within a marked or unmarked crosswalk at the intersection and to other
traffic lawfully using the intersection;
b. Traffic, while on a one-way roadway, facing a steady red signal may
cautiously enter the intersection to make a left turn onto a one-way
roadway after stopping as required by paragraph one of this subdivision.
Such traffic shall yield the right-of-way to pedestrians within a marked
or unmarked crosswalk at the intersection and to other traffic lawfully
using the intersection.
Notwithstanding any other provision of law, any city having a
population of one million or more, is hereby authorized and empowered to
adopt a local law authorizing subparagraph a or b of this paragraph to
be applicable within such city. Upon the adoption of such local law the
exception provided herein for a city having a population of one million
or more shall no longer be applicable within such city.
c. On or after the effective date of this subparagraph, the sign which
prohibits such turn shall be prominently displayed from all newly
installed traffic signals where possible.
3. Traffic, except pedestrians, facing a steady red arrow signal may
not enter the intersection to make the movement indicated by such arrow
and, unless entering the intersection to make such other movement as is
permitted by other indications shown at the same time, shall stop at a
clearly marked stop line, but if none, then shall stop before entering
the crosswalk on the near side of the intersection, or in the event
there is no crosswalk at the point nearest the intersecting roadway
where the driver has a view of the approaching traffic on the
intersecting roadway before entering the intersection and shall remain
standing until an indication to proceed is shown.
4. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
red signal shall not enter the roadway.
5. Notwithstanding the provision of paragraph two of this subdivision,
no school bus, while transporting pupils for any purpose, shall be
permitted to proceed when facing a steady red signal.
(e) Traffic shall obey signs requiring obedience to traffic-control
signals at intersections other than those at which such signals are
located. No intersection not controlled by such signs prior to the
effective date of this section shall hereafter be made subject to such
method of control and no ordinance, order, rule or regulation requiring
such obedience shall hereafter be adopted.
(f) In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of this
section shall be applicable except as to those provisions which by their
nature can have no application. Any stop required shall be made at a
sign or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking the stop shall be made at
the signal.
* S 1111-a. Owner liability for failure of operator to comply with
traffic-control indications. (a) Notwithstanding any other provision of
law, each city with a population of one million or more is hereby
authorized and empowered to adopt and amend a local law or ordinance
establishing a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
traffic-control indications in such city in accordance with the
provisions of this section. Such demonstration program shall empower a
city to install and operate traffic-control signal photo-monitoring
devices at no more than fifty intersections within such city at any one
time.
(b) In any city which has adopted a local law or ordinance pursuant to
subdivision (a) of this section, the owner of a vehicle shall be liable
for a penalty imposed pursuant to this section if such vehicle was used
or operated with the permission of the owner, express or implied, in
violation of subdivision (d) of section eleven hundred eleven of this
article, and such violation is evidenced by information obtained from a
traffic-control signal violation-monitoring system; provided however
that no owner of a vehicle shall be liable for a penalty imposed
pursuant to this section where the operator of such vehicle has been
convicted of the underlying violation of subdivision (d) of section
eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city in which the charged violation occurred, or a facsimile
thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a traffic-control signal
violation-monitoring system, shall by prima facie evidence of the facts
contained therein. Any photographs, microphotographs, videotape or other
recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that in a city which, by
local law, has authorized the adjudication of such owner liability by a
parking violations bureau, such schedule shall be promulgated by such
bureau. The liability of the owner pursuant to this section shall not
exceed fifty dollars for each violation; provided, however, that such
local law or ordinance may provide for an additional penalty not in
excess of twenty-five dollars for each violation for the failure to
respond to a notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city
having jurisdiction over the intersection where the violation occurred,
or by any other entity authorized by the city to prepare and mail such
notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
any city which has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations may, by local law, authorize such
adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In a city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (i) In a city which, by local law, has authorized the adjudication
of liability imposed upon owners by this section by a parking violations
bureau, an owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (d) of section eleven
hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) If the owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section was not
the operator of the vehicle at the time of the violation, the owner may
maintain an action for indemnification against the operator.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit a report on the
results of the use of a traffic-control signal photo-monitoring system
to the governor, the temporary president of the senate and the speaker
of the assembly by March first, two thousand four. Such report shall
include, but not be limited to:
1. a description of the locations where traffic-control signal
photo-monitoring systems were used;
2. the number of violations recorded at each intersection and in the
aggregate on a daily, weekly and monthly basis;
3. the total number of notices of liability issued;
4. the number of fines and total amount of fines paid after first
notice of liability;
5. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made;
6. the total amount of revenue realized by such city; and
7. quality of the adjudication process and its results.
* NB Repealed December 1, 2004
S 1112. Pedestrian-control signal indications. Whenever pedestrians
are controlled by pedestrian-control signals exhibiting the words "WALK"
or "DON`T WALK", or exhibiting symbols of a walking person or upraised
hand, such signals shall indicate and apply to pedestrians as follows:
(a) Steady WALK or walking person. Pedestrians facing such signal may
proceed across the roadway in the direction of the signal and shall be
given the right of way by other traffic.
(b) Flashing DON`T WALK or upraised hand. No pedestrian shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or walking
person signal shall proceed to a sidewalk or safety island while the
flashing DON`T WALK or upraised hand signal is showing.
(c) Steady DON`T WALK or upraised hand. No pedestrians shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or flashing
DON`T WALK signal shall proceed to a sidewalk or safety island while the
steady DON`T WALK signal is showing.
S 1113. Flashing signal indications. Whenever traffic is controlled by
a flashing signal used in a traffic sign or signal, only the colors red
and yellow shall be used, and said signals shall indicate and apply to
drivers of vehicles as follows:
(a) Flashing red indications. Unless to make another movement
permitted by other indications shown at the same time, vehicular traffic
facing a circular red signal with rapid intermittent flashes shall stop
at a clearly marked stop line, but if none, then shall stop before
entering the crosswalk on the near side of the intersection, or in the
event there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection and the right to
proceed shall be subject to the rules applicable after making a stop at
a stop sign.
(b) Flashing yellow indications. Vehicular traffic facing a circular
yellow signal with rapid intermittent flashes may proceed through the
intersection or past such signal only with caution.
(c) This section shall not apply at railroad grade crossings. Conduct
of drivers of vehicles approaching railroad grade crossings shall be
governed by the rules as set forth in section eleven hundred seventy.
S 1114. Display of unauthorized signs, signals, or markings. (a) No
person shall place, maintain, or display upon or in view of any highway
any unauthorized sign, signal, marking or device which purports to be or
is an imitation of or resembles or is likely to be construed as an
official traffic-control device or railroad sign or signal, or which
attempts to direct or regulate the movement of traffic, or which hides
from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising.
(c) Every such prohibited sign, signal, or marking is hereby declared
to be a public nuisance and any police officer or public authority is
hereby empowered to remove the same or cause it to be removed without
notice.
S 1115. Interference with official traffic-control devices, railroad signs or
signals and other highway appurtenances. (a) No person shall
without lawful authority attempt to or in fact alter, deface, injure,
knock down, cover, remove, or otherwise interfere with any official
traffic-control device or any railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any monument, lamppost, telephone pole,
fence, walk, curb, tree, rock cut or other appurtenance on a highway
right of way.
(b) For the purposes of this section, to `deface` shall include, but
not be limited to, to damage, destroy, disfigure, erase, ruin, distort,
spoil or otherwise change the external appearance of an object by the
use of chalk, crayon, paint, stain, ink or other similar material.
S 1116. Lane direction control indications. Whenever traffic is
controlled by lane direction control signals located over the individual
lanes of a highway, only the colors green, yellow and red shall be used,
and said signals shall indicate and apply as follows:
(a) Traffic facing a steady downward pointing green arrow signal may
travel in any lane over which such signal is located.
(b) Traffic facing a steady yellow X signal is thereby warned that the
related green downward arrow indication is being terminated and that a
red X indication will be exhibited immediately thereafter and such
traffic shall vacate, in a safe manner, the lane over which such signal
is located.
(c) Traffic facing a flashing yellow X signal may travel in any lane
over which such signal is shown preparatory to making a left turn, using
proper caution.
(d) Traffic facing a steady red X signal shall not enter or travel in
any lane over which such signal is located.