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Vehicle and Traffic Law

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Article 40 - NY Vehicle and Traffic Law

REGULATION OF TRAFFIC BY COUNTY SUPERINTENDENT OF HIGHWAYS

Section Description
1650Traffic regulations on county roads.
1651Traffic regulations on county roads outside of cities and villages.
1652Special speed limits on bridges and other elevated structures.
1652-aTraffic signs, signals and marking on highways, roads and streets.
1652-bSupervision and installation of traffic devices in Suffolk county.
   S 1650. Traffic   regulations   on   county   roads.  (a)  The  county
  superintendent of highways of a county with respect to county  roads in
  such county, may by order, rule or regulation:
    1.  Upon  a  roadway  which  is divided into three lanes, allocate the
  center lane exclusively for traffic moving in a specified direction.
    2. Order signs erected directing slow-moving traffic, trucks, buses or
  specified types of vehicles to use a designated  lane,  or  with  signs,
  signals  or  markings designate those lanes to be used by traffic moving
  in a particular direction regardless of the center of the roadway.
    3. Determine those highways or portions of  highways  which  shall  be
  marked  to  indicate where overtaking and passing or driving to the left
  of or crossing such markings would be especially hazardous in accordance
  with the standards, minimum warrants and sign or marking  specifications
  established by the department of transportation.
    4. Temporarily exclude from any portion of any county road any vehicle
  with  a  gross  weight  of  over four or more tons or any vehicle with a
  gross weight in excess of any designated weight on any wheel, axle,  any
  number  of  axles,  or  per  inch width of tire when in his opinion such
  highway would be materially injured by the operation of any such vehicle
  thereon.  Such exclusion shall take effect upon the erection of signs on
  the section of highway from which such  vehicles  are  excluded,  and  a
  notice that such vehicles are excluded shall be published in a newspaper
  in  the county where the highway is situated. The exclusion shall remain
  in effect until the removal of the  signs  as  directed  by  the  county
  superintendent  of highways. Upon written application by any operator of
  a vehicle subject to this section, the county superintendent of highways
  may issue a permit providing appropriate exemption to such  vehicle,  if
  it  is  deemed that said vehicle is performing essential local pickup or
  delivery service and that a failure to grant such  permit  would  create
  hardship.  Every such permit may designate the route to be traversed and
  contain other reasonable restrictions or  conditions  deemed  necessary.
  Every such permit shall be carried on the vehicle to which it refers and
  shall be open to inspection of any peace officer, acting pursuant to his
  special  duties,  or  police  officer.  Such  permits  shall  be for the
  duration of the restriction imposed under this section.
    4-a. Exclude trucks, commercial  vehicles,  tractors,  tractor-trailer
  combinations,  or  tractor-trailer-semitrailer combinations in excess of
  any designated weight, designated length, designated  height,  or  eight
  feet  in  width,  from  county highways, except for qualifying or access
  highways or set limits on hours of operation of  such  vehicles.    Such
  exclusion  shall  not  be construed to prevent the delivery or pickup of
  merchandise or  other  property  along  the  highways  from  which  such
  vehicles or combinations are otherwise excluded.
    5. Designate a portion of a slope as a path for the use of bicycles.
    6.  Order  signs or markings to identify the portion of the highway to
  be used for bicycle travel.
    * 7. Designate preferential use lanes for specified types  or  classes
  of vehicles.
    * NB There are two par 7's
    * 7.  Declare  a  snow  emergency and designate any highway or portion
  thereof as a snow emergency route.
    * NB There are two par 7's
    (b) Each such county superintendent of  highways  shall  cause  to  be
  determined,   for   all   bridges  and  elevated  structures  under  his
  jurisdiction, the capacity in tons of  two  thousand  pounds  which  the
  bridge  or  structure  will  safely  carry.  At bridges or structures of
  insufficient strength to carry safely the  legal  loads  permissible  by
  section   three   hundred   eighty-five  of  this  chapter,  the  county
  superintendent of highways shall cause signs to  be  erected  to  inform
  persons of the safe capacity.
    (c)  Each  such county superintendent of highways shall cause signs to
  be erected to inform persons of the legal  overhead  clearance  for  all
  bridges,  and  elevated  structures  on highways under his jurisdiction.
  The legal clearance shall be one foot less than the measured  clearance.
  The  measured  clearance  shall  be  the minimum height to the bridge or
  structure measured vertically from the traveled portion of the  roadway.
  On  bridges  or  structures  having  fourteen  feet  or more of measured
  clearance, no such signs shall be required.
    d. The legislative body of any county with respect to county roads  in
  such  county,  may  by  local law, ordinance, order, rule or regulation,
  provide for the removal and storage of vehicles parked or  abandoned  on
  highways during snowstorms, floods, fire or other public emergencies, or
  found  unattended where they constitute an obstruction to traffic or any
  place where stopping, standing or parking is  prohibited,  and  for  the
  payment  of reasonable charges for such removal and storage by the owner
  or operator of any such vehicle.
    (e) The legislative body of any county with respect to county roads in
  such county, may by local law or ordinance prohibit vehicles 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 from stopping for the purpose of such sales on
  any such road or on all such roads. Nothing herein shall be construed to
  prohibit the operator of such vehicle from stopping such vehicle off  of
  such  road,  in  a  safe manner, for the sole purpose of delivering such
  retail product directly to  the  residence  of  a  consumer  or  to  the
  business address of a customer of such retailer.

   S 1651. Traffic  regulations  on  county  roads  outside of cities and
  villages. The county superintendent of  highways  of  a  county  may  by
  order,  rule or regulation designate county roads in such county outside
  of cities and villages as through highways and  order  traffic  signals,
  stop  signs,  flashing signals or yield signs erected on county roads or
  town highways  at  specified  entrances  to  such  through  highways  or
  designate  any intersection of a county road with another county road or
  with a town highway as a stop intersection or a yield  intersection  and
  order   like  signs  or  signals  at  one  or  more  entrances  to  such
  intersection.

   S 1652. Special speed limits on bridges and other elevated structures.
  The  county  superintendent  of  highways  of a county may determine the
  maximum speed which may  be  maintained  without  structural  damage  to
  bridges  and  elevated  structures that are a part of any county road in
  such county and, if such maximum speed is lower than the  maximum  speed
  limit  otherwise  applicable, may by order, rule or regulation establish
  such lower maximum speed limit at which vehicles  may  proceed  on  such
  bridge or structure.

   S 1652-a. Traffic  signs,  signals  and marking on highways, roads and
  streets. The county superintendent of highways of a county,  except  the
  county  of  Suffolk,  having a functioning traffic engineering unit may,
  when authorized by the county governing board, have  the  responsibility
  and  authority  for the installation, removal and maintenance of traffic
  signs, signals and markings on, and provide traffic engineering services
  in relation to any highway, road  or  street  within  a  city,  town  or
  village  within  such  county,  except  state highways maintained by the
  state, providing the  governing  body  of  the  city,  town  or  village
  consents thereto by written agreement with the county governing board as
  to  the  extent  of  the  authority  and  responsibility  of  the county
  superintendent of highways  and  any  apportionment  of  costs  for  the
  installation, removal and maintenance of the signs, signals and markings
  and  traffic  engineering  services.  The  power  granted  to the county
  superintendent of highways by this section shall in no way diminish  any
  power  over  roads granted to counties or county highway superintendents
  but shall be in addition to any such powers.

   S 1652-b. Supervision  and  installation of traffic devices in Suffolk
  county.  The county superintendent of highways of  Suffolk  county  may,
  when  authorized  by  the  Suffolk  county  governing  board,  erect and
  maintain traffic signs, signals and markings  on,  and  provide  traffic
  engineering services in relation to any highway, road or street within a
  town  or village within such county, except state highways maintained by
  the state, providing the governing body of the town  or  village  having
  jurisdiction  over  such highway, road or street determines on the basis
  of an engineering and traffic investigation  that  such  traffic  signs,
  signals  and  markings  are  necessary,  issues any necessary ordinance,
  order, rule or regulation with respect thereto, consents to the erection
  and maintenance of such traffic  signs,  signals  and  markings  by  the
  county and consents thereto by written agreement with the Suffolk county
  governing  board as to the extent of the authority and responsibility of
  the  county  superintendent  of  highways  of  Suffolk  county  and  any
  apportionment  of  costs  for  the  erection  and  maintenance of signs,
  signals and markings and traffic engineering services. The power granted
  to the Suffolk county superintendent of highways by this  section  shall
  in  no way diminish any power over roads granted to him by law but shall
  be in addition to any such powers.

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