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ARTICLE 33 MISCELLANEOUS RULES Section 1210. Unattended motor vehicle. 1211. Limitations on backing. 1212. Reckless driving. 1213. Obstruction to driver's view or driving mechanism. 1214. Opening and closing vehicle doors. 1215. Driving on mountain highways. 1216. Coasting prohibited. 1217. Following emergency fire vehicles prohibited. 1218. Crossing fire hose. 1219. Putting glass or other injurious substances on highway prohibited. 1220. Throwing refuse on highways and adjacent lands prohibited. 1220-a. Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more. 1220-b. Unlawful solicitation of ground transportation services at an airport. 1220-c. Work permits for work on state highways. 1221. Driving through safety zone prohibited. 1222. Persons riding on trucks. 1223. Lights on vehicles used for transportation of passengers. 1223-a. School buses; required identification. 1224. Abandoned vehicles. 1225. Avoiding intersection or traffic-control device. 1225-a. Driving on sidewalks. 1225-b. Retail sale of frozen desserts by motor vehicle; restrictions. 1225-c. Use of mobile telephones. 1226. Control of steering mechanism. 1227. Consumption or possession of alcoholic beverages in certain motor vehicles. 1228. Riding in house coach trailers. 1229. Sign required on privately-owned vehicle used in delivery of mail. 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited on state expressway highways or state interstate route highways including the entrances thereto and exits therefrom. 1229-b. Operation of school, camp and charter omnibuses with passengers standing prohibited. 1229-c. Operation of vehicles with safety seats and safety belts. 1229-d. School bus attendant. § 1210. Unattended motor vehicle. (a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway, provided, however, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency. (b) A driver may, for the purpose of getting away from the place of standing, move another vehicle which is so placed he cannot get his vehicle out; provided, however, that immediately thereafter he shall reset the brake and, if on a grade, turn the front wheels to the curb or side of the highway. This privilege is subject to the limitation set forth in subdivision (e) of section twelve hundred two. (c) Towing agencies, which remove vehicles unlawfully parked on private property at request of the owner of the premises and without the written consent of the owner of the vehicle, shall immediately notify the local police station house having jurisdiction over the area where such vehicle was unlawfully parked, of the description of the car which was removed, and the time of removal. § 1211. Limitations on backing. (a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. (c) the driver of a motor vehicle engaged in retail sales of frozen desserts as that term is defined in subdivision thirty-seven of section three hundred seventy-five of this chapter directly to pedestrians shall not back the same to make or attempt to make a sale. § 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor. § 1213. Obstruction to driver's view or driving mechanism. (a) No person shall drive a motor vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. In no event shall there be more than three persons in the front seat of any vehicle, except where such seat has been constructed to accommodate more than three persons and there is eighteen inches of seating capacity for each passenger or occupant in said front seat. (b) No passenger in a vehicle shall ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. § 1214. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. § 1215. Driving on mountain highways. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway, shall give audible warning with the horn of such motor vehicle. § 1216. Coasting prohibited. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral, nor with the clutch disengaged. § 1217. Following emergency fire vehicles prohibited. The driver of any vehicle other than one on official business shall not follow any authorized emergency fire vehicle in the same lane or an adjacent lane to the one being used by such fire vehicle at a distance closer than two hundred feet while such fire vehicle is displaying one or more red or combination red and white lights, or one white light which must be a revolving, rotating, flashing, oscillating or constantly moving light, nor shall such driver drive into or park his or her vehicle within the block or where there is no block, within one thousand feet of where such fire vehicle has stopped in answer to a fire alarm. § 1218. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. § 1219. Putting glass or other injurious substances on highway prohibited. (a) No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, snow or any other substance likely to injure any person, animal, or vehicle upon such highway. (b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material or any material which interferes with the safe use of the highway shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. § 1220. Throwing refuse on highways and adjacent lands prohibited. (a) No person shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any highway, or within the limits of the right of way of such highway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter. (b) Nothing herein contained shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or other material for the purpose of reducing the hazard of, or providing traction on snow, ice or sleet. (b-1) Nothing herein contained shall be construed as prohibiting the use of any highway or private lands adjacent thereto for the transport or transit of agricultural trucks, machines or implements or dairy or domestic animals or agricultural stock with any accompanying reasonable or unavoidable deposit of nauseous or offensive matter. (c) A violation of the provisions of subdivision (a) of this section shall be punishable by a fine not to exceed two hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours and for any second or subsequent violation by a fine not to exceed five hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours. § 1220-a. Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more. 1. In a city having a population of one million or more which has adopted a local law prohibiting unlawful dumping by any person, his or her agent, employee or any person under his or her control, the owner, operator or owner-operator of a vehicle used in violation of such local law who is found in violation of such local law where the environmental control board of such city has determined that such violation involved a substantial amount of materials or matter shall be subject to the suspension of his or her driver's license, resident or non-resident privilege to operate, or registration pursuant to subdivision two of this section in addition to any civil and criminal penalties set forth in such local law. For the purposes of this section, the following terms shall have the following meanings: (a) "substantial amount" shall mean a volume of at least two cubic yards; (b) "unlawful dumping" shall mean suffering or permitting any dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings or trade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or any other organic or inorganic material or thing or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, part, public place or other area whether publicly or privately owned in a city with a population of one million or more, except in a manner prescribed by law, rule or regulation; (c) "owner" shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of this chapter, provided, however, that owner shall include any lessee or bailee of a vehicle having the exclusive use thereof, under a lease or otherwise, for any period of time; (d) "operator" shall mean any person who uses or operates a motor vehicle with or without the express or implied consent of the owner; (e) "owner-operator" shall mean any owner who uses or operates a motor vehicle where such owner-operator is the owner of such motor vehicle; and (f) "environmental control board" or "board" shall mean the environmental control board of a city with a population of one million or more. 2. Upon certification pursuant to the provisions of this section from the environmental control board that there remains unpaid a civil penalty imposed for a violation of a local law prohibiting unlawful dumping, the commissioner shall suspend the driver's license, or resident or non-resident privilege to operate, of an operator or owner-operator found to be in violation of such local law and who has failed to pay such civil penalty, and the registration of all vehicles owned by an owner or owner-operator found to be in violation of such local law and who has failed to pay such civil penalty. Such suspension shall remain in effect until such board notifies the commissioner pursuant to subdivision four of this section that such suspension shall be terminated. Such certification and notice of termination shall be made in the form and manner agreed upon between such environmental control board and the commissioner. 3. Whenever an owner, operator or owner-operator has been found by the environmental control board to be in violation of a local law prohibiting unlawful dumping, and such owner, operator or owner-operator has failed to make payment on a civil penalty imposed for such violation within one hundred days of the date such civil penalty was imposed, such board may certify such fact to the commissioner. Provided, however, that prior to making such certification, notification shall be provided to each such owner, operator or owner-operator pursuant to subdivision four of this section. No such certification shall be made unless (a) such civil penalty has remained unpaid one hundred days from the date such civil penalty was imposed, either in full or in accordance with the terms of any written payment schedule established by such board with the consent of the person found in violation, and (b) such city with a population of one million or more has complied with the notice requirements pursuant to this section. 4. (a) A city with a population of one million or more which has adopted a local law prohibiting unlawful dumping shall provide an owner, operator, or owner-operator found to be in violation of such local law with a minimum of two written notices stating that failure to make payment on a civil penalty within one hundred days of the date such civil penalty was imposed for such violation may result in certification to the department to suspend the driver's license, privilege to operate, or vehicle registration, as the case may be, unless, by such date, such owner, operator or owner-operator makes full payment of such civil penalty or enters into a written payment schedule established by such board with the consent of such owner, operator or owner-operator and continues to comply with the terms of such schedule. Such city shall include one such written notice in the notice of violation served upon such owner, operator or owner-operator for a violation of a local law prohibiting unlawful dumping, and the environmental control board shall send the second such written notice by first class mail to such owner, operator or owner-operator not less than thirty days but in no event more than sixty days prior to the date such board makes a certification to the commissioner pursuant to this section. (b) Upon the compliance of the owner, operator, or owner-operator with the provisions of paragraph (c) of this subdivision, the board shall notify the commissioner, within five business days of such compliance, that the suspension imposed pursuant to subdivision two of this section shall be terminated. (c) An owner, operator or owner-operator who has received a notice that his or her driver's license, privilege to operate a motor vehicle, or vehicle registration, as the case may be, shall be suspended, may avoid such suspension by: (i) making full payment of the civil penalty to the board by the specified date; or (ii) entering into a written payment schedule established by such board with the consent of such owner, operator, or owner-operator by the specified date and complying with the terms of such schedule. 5. Notwithstanding section one hundred fifty-five of this chapter or any other provision of law, where a person has been adjudicated by such environmental control board to be in violation of a local law described in subdivision one of this section, such adjudication shall not have the force and effect of a conviction of a traffic infraction, or a violation of any provision of this chapter. § 1220-b. Unlawful solicitation of ground transportation services at an airport. 1. No person shall unlawfully solicit ground transportation services at an airport. A person unlawfully solicits ground transportation services at an airport, when, at an airport, such person, without being authorized to do so by the airport operator, or without having made a prior agreement to provide ground transportation services to a specific patron, engages or offers to engage in any business, trade or commercial transaction involving the rendering to another person of any ground transportation services from such airport. 2. As used in this section, the term "ground transportation service" shall mean a service offering transportation by any vehicle, including taxi cab, limousine, van or bus. 3. As used in this section, the term "airport" shall mean all of the real property forming part of any facility used for the landing and taking off of airplanes engaged in the transportation of passengers, including without limitation, all roadways, parking areas, pedestrian walkways and terminal buildings forming part of such facility. 4. Any person who engages in the unlawful solicitation of ground transportation services at an airport shall for a first conviction thereof be punished by a fine of not less than one hundred dollars nor more than two hundred fifty dollars, or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a second conviction thereof, both of which were committed within a period of twelve months, such person shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars, or by imprisonment of not more than thirty days or by both such fine and imprisonment; upon a third or subsequent conviction thereof, all of which were committed within a period of eighteen months, such person shall be guilty of a misdemeanor punishable by a fine of not less than seven hundred fifty dollars, nor more than one thousand five hundred dollars, or by imprisonment of not more than forty-five days, or by both such fine and imprisonment. Notwithstanding any contrary provision of law, any charge alleging a violation of this section shall be returnable before a court having jurisdiction over misdemeanors. § 1220-c. Work permits for work on state highways. Except in connection with the construction, reconstruction, maintenance, or improvement of a state highway, no person shall work on a state highway without a work permit issued by the state commissioner of transportation. § 1221. Driving through safety zone prohibited. No vehicle shall at any time be driven through or within a safety zone. § 1222. Persons riding on trucks. 1. No operator of any motor vehicle commonly known as an auto truck shall operate such auto truck, nor shall the owner thereof permit it to be operated, for a distance in excess of five miles, while there is standing therein or thereon any person or persons in excess of one-third of the number of persons therein or thereon: a. Unless suitable seats are securely attached to the body of such auto truck; b. Unless side racks of at least three feet in height above the floor of such auto truck are securely attached; and c. Unless it shall have attached thereto a tail board or tail gate which is securely closed. The provisions of this subdivision shall not apply to persons or corporations operating an agency or agencies for public service, who or which are subject to the jurisdiction, supervision and regulations prescribed by or pursuant to the public service law nor to their agents or employees when engaged in the business of such persons or corporations. 2. No operator of any motor vehicle commonly known as an auto truck shall operate such auto truck, nor shall the owner thereof permit it to be operated, in excess of five miles, while there are in excess of five persons under eighteen years of age in the body of such truck unless at least one person over eighteen years of age also rides in the body of said truck. § 1223. Lights on vehicles used for transportation of passengers. Unless otherwise governed by the provisions of this chapter, every vehicle used for the transportation of ten or more passengers upon the public highways, such as for picnics, hayrides and sleigh rides, shall, during the period from one-half hour after sunset to one-half hour before sunrise, display at least two lighted lamps on the front, one on each side, having light sources of equal power, which shall be visible for a distance of at least five hundred feet ahead of the vehicle and which shall project either white or yellow light, and at least two lighted lamps on the rear, one on each side, having light sources of equal power, which shall be visible for a distance of at least five hundred feet behind the vehicle and which shall project red light. § 1223-a. School buses; required identification. All school buses, as defined in section one hundred forty-two of this chapter, purchased, leased or acquired on or after September first, nineteen hundred ninety-seven shall have the area code and telephone number of the owner and/or operator printed in three inch bold type on the rear of such vehicle. Provided, however, that nothing contained herein shall be deemed to prohibit the printing of such information as herein provided on school buses purchased, acquired or leased prior to September first, nineteen hundred ninety-seven. § 1224. Abandoned vehicles. 1. A motor vehicle shall be deemed to be an abandoned vehicle if left unattended (a) with no number plates affixed thereto, for more than six hours on any highway or other public place; (b) for more than twenty-four hours on any highway or other public place, except a portion of a highway or public place on which parking is legally permitted; (c) for more than forty-eight hours, after the parking of such vehicle shall have become illegal, if left on a portion of a highway or public place on which parking is legally permitted; (d) for more than ninety-six hours on property of another if left without permission of the owner. 2. If an abandoned vehicle, at the time of abandonment, has no number plates affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of one thousand two hundred fifty dollars or less, ownership shall immediately vest in the local authority having jurisdiction thereof and title to the vehicle shall vest in accordance with applicable law and regulations of the commissioner, provided however that a local authority shall not be required to obtain title to an abandoned vehicle that is subject to the provisions of this subdivision if the vehicle will be sold or otherwise disposed of as junk or salvage, dismantled for use other than as a motor vehicle, or otherwise destroyed. 3. (a) Except for vehicles governed by subdivision two, a local authority having custody of an abandoned vehicle shall make an inquiry concerning the last owner of such vehicle as follows: (i) abandoned vehicle with number plates affixed--to the jurisdiction which issued such number plates; (ii) abandoned vehicle with no number plates affixed--the department of motor vehicles. (b) Such local authority shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction or by bid after ten days from the date such notice was given. If the agency described in paragraph (a) also notifies such local authority that a lien or mortgage exists such notice shall also be sent to the lienholder or mortgagee. The commissioner shall prescribe the methods of giving notice. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle. (c) Ownership of such abandoned vehicles, if unclaimed, shall vest in such local authority ten days from the date such notice is given; or if the last owner cannot be ascertained, when notice of such fact is received. 4. For the purposes of this section, a local authority entitled to custody of an abandoned vehicle shall be the town in which the vehicle was abandoned, or if abandoned in a city or village, the city or village in which the vehicle was abandoned, except that if a vehicle is abandoned on property of the New York state thruway authority or property under the jurisdiction of the office of parks, recreation and historic preservation, the department of transportation, or a public authority or commission, such authority, office, department or commission shall be entitled to the custody of such vehicle. Notwithstanding any provision of this section to the contrary, the office of general services shall be entitled to the custody of any vehicle abandoned on state property subsequent to its sale by such office. The commissioner may, by regulation, provide that a county may act as the agent for a local authority for the purpose of removing and disposing of abandoned vehicles. 5. (a) Such local authority shall determine if an abandoned vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder or converted pursuant to subdivision six of this section. (b) If such local authority determines that an abandoned vehicle is not suitable for operation on the public highways, it shall sell the vehicle to a vehicle dismantler or scrap processor registered or certified pursuant to section four hundred fifteen-a of this chapter or to a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws and regulations of the state in which he has a place of business. (c) An abandoned vehicle without a vehicle identification number plate must be sold only to a vehicle dismantler or a scrap processor registered or certified pursuant to section four hundred fifteen-a of this chapter or to a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws and regulations of the state in which he has a place of business. Nothing contained herein shall be construed as preventing a local authority from applying for a replacement vehicle identification number plate. 6. (a) A local authority, if authorized by local law, may convert to its own use those abandoned vehicles not affected by subdivision two of this section or may, by sale or gift, transfer title to any of such vehicles to any other municipal corporation for use by its law enforcement agency, provided however, the total number of vehicles converted and/or transferred in any calendar year may not exceed one percent of the local authority's unclaimed abandoned vehicles not affected by subdivision two of this section or two such vehicles, whichever is greater. (b) Any proceeds from the sale of an abandoned vehicle less any expenses incurred by such local authority shall be held by the local authority without interest, for the benefit of the owner of such vehicle for a period of one year. If not claimed within such one year period, such proceeds shall be paid into the general fund of such local authority. 7. (a) No person shall cause any vehicle to be an abandoned vehicle. There shall be a rebuttable presumption that the owner of an abandoned vehicle caused such vehicle to be abandoned. A violation of this subdivision shall be punishable by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In a city having a population of one million or more, a violation of this subdivision shall in addition be punishable by a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars. (b) Notwithstanding any other provision of law, in addition to those persons otherwise authorized to enforce this subdivision and adjudicate violations thereof, this subdivision shall also be enforceable in a city having a population of one million or more by an agency or agencies designated for such purpose by the mayor of such city, and notices of violation may be returnable to the environmental control board of such city, which shall have the power to impose the civil penalties herein provided. Notwithstanding any other provision of law, service of a notice of violation for a violation of this subdivision committed in such city may be made upon an owner by first class mail, postage prepaid, and any such notice served by mail shall be returnable only to such environmental control board. Such service by first class mail shall be deemed complete upon mailing of the notice of violation, unless the notice of violation is returned to the sender by the United States postal service for any reason other than refusal of delivery. In addition, any notice of violation for a violation of this subdivision may be served by a means prescribed in article three of the civil practice law and rules or article three of the business corporation law. Notwithstanding any other provision of law, such civil penalties imposed by such environmental control board shall be paid into the general fund of such city. Notwithstanding section one hundred fifty-five of this chapter or any other provision of law, where a person has been adjudicated by such environmental control board to be in violation of this subdivision, such adjudication shall not have the force and effect of a conviction of a traffic infraction or of a violation of any provision of this chapter for any purpose not specified in this subdivision. (c) Any final order issued pursuant to this subdivision by an environmental control board of a city having a population of one million or more shall constitute a judgment which may be entered in any place provided for the entry of civil judgments within the state, and may be enforced without court proceedings in the same manner as the enforcement of money judgments entered in civil actions; provided, however, that no such judgment shall be entered that exceeds the sum of ten thousand dollars for each respondent. Notwithstanding the preceding sentence, before a judgment based upon a default may be so entered, such environmental control board must have notified the respondent by first class mail in such form as such environmental control board may direct: (1) of the default decision and order and the penalty imposed; (2) that a judgment will be entered in any place provided for the entry of civil judgments in the state; and (3) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of such environmental control board within thirty days of the mailing of such notice. No judgment based upon a default may be so entered by the environmental control board within less than sixty days from the completion of service by mail of the notice of violation as provided in paragraph (b) of this subdivision. Any requirement of any provision of law other than this subdivision that relates to the manner of service of the notice of violation that precedes any final order of such environmental control board shall not apply to a final order issued pursuant to this subdivision. A judgment entered pursuant to this paragraph shall remain in full force and effect for eight years. (d) Notwithstanding any other provision of this chapter, where the environmental control board of a city having a population of one million or more has adjudicated any person to be in violation of this subdivision and the civil penalty therefor is not paid, such environmental control board shall notify the commissioner of motor vehicles of the judgment, who shall suspend any license of such person to operate a motor vehicle in this state, or, if such person is unlicensed, such person's privilege of obtaining a license issued by the commissioner, or, if such person is a non-resident, such person's privilege of operating a motor vehicle in this state, pending payment of such civil penalty. The procedures set forth in the first paragraph of subdivision seven of section five hundred ten of this chapter shall be applicable to a suspension pursuant to this paragraph. (e) For purposes of this subdivision only, the term "owner" means any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation for a violation of this subdivision: (i) is the beneficial or equitable owner of the abandoned vehicle; or (ii) has title to such vehicle; or (iii) is the registrant or co-registrant of such vehicle registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (iv) uses such vehicle in its renting and/or leasing business; or (v) is an owner of such vehicle as defined by section one hundred twenty-eight of this chapter or subdivision (a) of section twenty-one hundred one of this chapter. 9. The last owner of an abandoned vehicle shall be liable to such local authority for the costs of removal and storage of such vehicle. 10. The commissioner shall prescribe by regulation such forms and procedures necessary or desirable to effectuate the provisions of this section. Such regulations may include procedures for the removal and disposition of vehicle identification numbers of abandoned vehicles and forms for local records for abandoned vehicles and inquiries relating to ownership of such vehicles. § 1225. Avoiding intersection or traffic-control device. No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device. § 1225-a. Driving on sidewalks. No person shall drive a motor vehicle on or across a sidewalk, except that a vehicle may be driven at a reasonable speed, but not more than five miles per hour, on or across a sidewalk in such manner as not to interfere with the safety and passage of pedestrians thereon, who shall have the right of way, when it is reasonable and necessary: (a) to gain access to a public highway, private way or lands or buildings adjacent to such highway or way; (b) in the conduct of work upon a highway, or upon a private way or lands or buildings adjacent to such highway or way, or (c) to plow snow or perform any other public service, for hire, or otherwise, which could not otherwise be reasonably and properly performed. § 1225-b. Retail sale of frozen desserts by motor vehicle; restrictions. 1. No person operating a motor vehicle engaged in retail sales of frozen desserts as that term is defined in subdivision thirty-seven of section three hundred seventy-five of this chapter directly to pedestrians shall engage in any such retail sale: (a) unless such motor vehicle is lawfully parked or stopped; (b) to any person, unless such sale occurs from the side of the vehicle away from moving traffic and as near as possible to the curb or shoulder of the roadway; and (c) to any person standing in the roadway. 2. A violation of this section shall be punishable by a fine of not more than fifty dollars. § 1225-c. Use of mobile telephones. 1. For purposes of this section, the following terms shall mean: (a) "Mobile telephone" shall mean the device used by subscribers and other users of wireless telephone service to access such service. (b) "Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3. (c) "Using" shall mean holding a mobile telephone to, or in the immediate proximity of, the user's ear. (d) "Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand. (e) "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. (f) "Engage in a call" shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone. (g) "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear. 2. (a) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion. (b) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. (c) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law. 3. Subdivision two of this section shall not apply to (a) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter, or (c) the use of a hands-free mobile telephone. 4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred dollars. § 1226. Control of steering mechanism. No person shall operate a motor vehicle without having at least one hand or, in the case of a physically handicapped person, at least one prosthetic device or aid on the steering mechanism at all times when the motor vehicle is in motion. § 1227. Consumption or possession of alcoholic beverages in certain motor vehicles. 1. The drinking of alcoholic beverages, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction. The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is: (a) resealed in accordance with the provisions of subdivision four of section eighty-one of the alcoholic beverage control law; and (b) is transported in the vehicle's trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk. 2. For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire. § 1228. Riding in house coach trailers. No person shall drive a vehicle on a public highway while drawing a house coach trailer occupied by any person and no person shall occupy a house coach trailer while it is being drawn upon a public highway. § 1229. Sign required on privately-owned vehicle used in delivery of mail. 1. Every person operating a privately-owned vehicle in delivering the United States mail to the addressee thereof shall affix to such vehicle a white sign, visible from the rear, containing the following statement: U. S. MAIL Such statement shall be in black lettering at least four inches in height. 2. Every person who violates the provisions of this section shall be punishable by a fine not exceeding twenty-five dollars or by imprisonment for not more than ten days or by both such fine and imprisonment. § 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited on state expressway highways or state interstate route highways including the entrances thereto and exits therefrom. No person, unless otherwise directed by a police officer shall: (a) As a pedestrian, occupy any space within the limits of a state expressway highway or state interstate route highway, including the entrances thereto and exits therefrom, except: in a rest area, parking area, or scenic overlook; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle or to obtain assistance; where a sidewalk, footpath or pedestrian crossing of such a highway is provided; (b) Occupy any space of a state expressway highway or state interstate route highway, including the entrances thereto and exits therefrom, with: an animal-drawn vehicle; herded animals, a pushcart; a bicycle; except in the performance of public works or official duties, or on paths or parts of such highway provided for such uses. § 1229-b. Operation of school, camp and charter omnibuses with passengers standing prohibited. 1. When the number of passengers is greater than the number of seats available, it shall be unlawful to operate a camp or charter omnibus upon the public highways for a distance of ten miles or more with any passenger standing. 2. It shall be unlawful to operate upon the public highways a school bus owned by or contracted to a school district with any passenger standing whenever it is employed exclusively for the transportation of students under the age of twenty-one and teachers or other persons acting in a supervisory capacity to or from school or school activities, except as provided in paragraph (a) or (b) of this subdivision: (a) Standing passengers may be permitted on such a school bus, provided that the number of standing passengers on a school bus shall not exceed the limit established in the following schedule for the applicable time period: Period: Not more than: Through June 30, 2001 20% of approved seating capacity Between July 1, 2001 and 15% of approved seating capacity June 30, 2002 Between July 1, 2002 and 10% of approved seating capacity June 30, 2003 Between July 1, 2003 and 5% of approved seating capacity June 30, 2004 (b) Notwithstanding any other provision of this section to the contrary, standing passengers may be permitted without limitation as to number during the first ten days of session in each school year, and in circumstances where a breakdown, accident, or other unforeseen occurrence necessitates the transportation of standing passengers. (c) Nothing contained in this section shall be construed to restrict the power of a city with a population of one million or more to adopt and enforce local laws that comply with at least the minimum applicable standards set forth in this section. § 1229-c. Operation of vehicles with safety seats and safety belts. 1. No person shall operate a motor vehicle in this state unless: (a) all back seat passengers of such vehicle under the age of four are restrained in a specially designed seat which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; (b) all back seat passengers of such vehicle who are age four or older but under age seven (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (c) in the case of any other back seat passenger under the age of sixteen, he or she is restrained by a safety belt approved by the commissioner. 2. No person shall operate a motor vehicle unless all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt as required by subdivision one of this section, or in the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger may be restrained (i) in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) by a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (c) if they are age four or older but under age seven, (i) are restrained in an appropriate child restraint system as defined in subdivision four of this section used with combination lap safety and shoulder harness belts or (ii) are restrained in a lap safety belt in the event such vehicle is not equipped with combination lap safety and shoulder harness belts or all the combination lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen. 3. No person shall operate a motor vehicle unless such person is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt approved by the commissioner. * 3-a. Except as otherwise provided for passengers under the age of four, it shall be a violation of this section if a person is seated in a seating position equipped with both a lap safety belt and a shoulder harness belt and such person is not restrained by both such lap safety belt and shoulder harness belt. * NB There are 2 sub 3-a's * 3-a. No person holding a class DJ learner's permit or class DJ license issued pursuant to section five hundred two of this chapter, or a limited class DJ or MJ license issued pursuant to section five hundred three-a of this chapter, shall operate a motor vehicle in this state unless such person is restrained by a safety belt approved by the commissioner, and all passengers under the age of four are restrained in a specially designed seat which meets the federal motor vehicle safety standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt and, in the case of any other passenger under the age of sixteen, he or she is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in a motor vehicle operated by a person holding a class DJ learner's permit, a class DJ license or a limited class DJ license unless such passenger is restrained by a safety belt approved by the commissioner. * NB There are 2 sub 3-a's 4. For the purposes of this section, the following terms shall have the following meanings: (a) "motor vehicle" shall include all motor vehicles which are required by section three hundred eighty-three of this chapter or regulation or would be required if such motor vehicle were registered in New York state to be equipped by a safety belt but shall not include those vehicles which are used as school buses, as such term is defined in section one hundred forty-two of this chapter and those vehicles which are authorized emergency vehicles, as such term is defined in section one hundred one of this chapter; (b) "child restraint system" shall mean any device, used in conjunction with safety belts, designed for use in a motor vehicle to restrain, seat, or position children and which meets the applicable Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213; and (c) "appropriate child restraint system" shall mean a child restraint system for which the occupant meets the occupant size and weight recommendations of the manufacturer of such system. 5. Any person who violates the provisions of subdivision three of this section shall be punished by a civil fine of up to fifty dollars. Any person who violates the provisions of subdivision one, two or eleven of this section shall be punished by a civil fine of not less than twenty-five nor more than one hundred dollars. In any prosecution or proceeding alleging a violation of paragraph (b) of subdivision one or paragraph (c) of subdivision two of this section, it shall be an affirmative defense that the passenger subject to the requirements of such paragraphs was restrained by a safety belt and measures more than four feet nine inches in height and/or weighs more than one hundred pounds. 6. The court shall waive any fine for which a person who violates the provisions of this section would be liable with respect to passengers under the age of seven if such person supplies the court with proof that, between the date on which he is charged with having violated this section and the appearance date for such violation, he purchased or rented a child restraint system which meets the requirements of subdivision one of this section. Provided, however, that such waiver of fine shall not apply to a second or subsequent conviction under this section. 7. The provisions of this section shall not apply to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety seat or safety belt provided, however, such condition is duly certified by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate. 8. Non-compliance with the provisions of this section shall not be admissible as evidence in any civil action in a court of law in regard to the issue of liability but may be introduced into evidence in mitigation of damages provided the party introducing said evidence has pleaded such non-compliance as an affirmative defense. 9. Notwithstanding the provisions of subdivision four, this section shall not apply to taxis, liveries, and buses other than school buses. 10. The provisions of this section shall not apply to persons employed as rural letter carriers, as defined by the United States postal service, while such persons are discharging the duties of such employment. 11. Notwithstanding the provisions of subdivision four of this section, no person shall operate a school bus unless all passengers under the age of four are restrained in a specially designed detachable or removable seat as required by subdivision one of this section, or another restraining device approved by the commissioner. 12. (a) Every rental vehicle company, as defined in paragraph (c) of subdivision one of section three hundred ninety-six-z of the general business law, shall post a sign in their place of business which states in conspicuous lettering of at least seventy-two point boldface type: NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF SEVEN TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM. (b) Such sign shall be placed in an upright position and in a conspicuous place where it can easily be read by the clientele of the rental vehicle company. (c) Any rental vehicle company which violates the provisions of this subdivision shall be subject to a civil penalty, not to exceed one hundred dollars for each day of violation. § 1229-d. School bus attendant. (1) "School bus attendant" shall mean a person employed or authorized by a school district to ride on a school bus as defined in paragraph (a) of subdivision one of section five hundred nine-a of this chapter for the purpose of maintaining order or rendering assistance to pupils with special needs. (2) Screening of applicants for position of school bus attendant (a) a school district, pursuant to a policy statement or resolution adopted by such district, may review the qualifications of every applicant for the position of school bus attendant on school buses operated by or under contract to the district and determine at its discretion whether the applicant is suitable for qualification. In such cases, applicants may be made the subject of a criminal history check. Upon receipt of the fingerprints forwarded to them by such school district, the division of criminal justice services shall forward to such school district the criminal history review. A fee not to exceed the cost for the criminal history review shall be charged by the division of criminal justice services. Such fingerprints also may be submitted to the federal bureau of investigation for a national criminal history record check. (b) In determining the qualifications of school bus attendants, a school district may use the criteria listed in subdivision two of section five hundred nine-cc of this chapter relative to criminal convictions. (c) All inquiries made, and the use of any criminal record obtained, pursuant to this section shall be in accordance with section two hundred ninety-six of the executive law. In addition, the secondary dissemination of such information shall be limited to other authorized agencies, by express agreement between the school district and the division of criminal justice services, or as authorized pursuant to federal law, and rules and regulations. No cause of action against the school district or division of criminal justice services for damages related to the dissemination of criminal history records pursuant to this section shall exist when the school district or division of criminal justice services has reasonably and in good faith relied upon the accuracy and completeness of criminal history information furnished to it by qualified agencies. (3) The commissioner of education shall promulgate rules and regulations requiring that every school bus attendant serving pupils with a disabling condition receive school bus safety training and instruction relating to the special needs of such pupils. Such training shall include guidance on the proper techniques for assisting disabled students in entering and exiting the school bus, and shall include instruction in cardiopulmonary resuscitation where such skills are required as part of the individualized education plan prepared for the student, as well as any additional first aid or health emergency skills that the commissioner of education deems appropriate and necessary for school bus attendants to possess. In addition, such school bus attendants shall demonstrate the ability to perform procedures necessary in emergency situations as deemed appropriate by the commissioner of education. Any person employed as a school bus attendant serving pupils with a disabling condition on January first, two thousand four shall comply with the requirements of this subdivision by July first, two thousand four. Any person hired after January first, two thousand four shall complete training, instruction and testing prior to assuming their duties as a school bus attendant serving pupils with a disabling condition. Top of Page