New York Laws

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Article 9 - NY Vehicle and Traffic Law

EQUIPMENT OF MOTOR VEHICLES AND MOTORCYCLES
375.     Equipment. 
375-A. Prohibition against retaliatory action. 
376.     Lamps, signaling devices and reflectors on vehicles. 
376-A. Defective equipment. 
377.     Vehicles engaged in the transportation of logs and other materials. 
378.     Additional safety requirements for commercial vehicles and vehicles
	     transporting hazardous materials. 
380-A  Certain vehicles engaged in the transportation of loose cargo. 
381      Motorcycle equipment. 
382      Hydraulic brake fluid. 
382-A  Brake linings. 
382-B  Service brake system. 
382-C  Occupant compartments. 
383      Safety belts and anchorage assemblies.

   S 375. Equipment.  1. (a) Every motor vehicle, operated or driven upon
  the public highways of the state, shall be provided with adequate brakes
  and steering mechanism in good working order and sufficient  to  control
  such  vehicle  at  all times when the same is in use, and a suitable and
  adequate horn or other device for signaling, which horn or device  shall
  produce a sound sufficiently loud to serve as a danger warning but shall
  not be used other than as a reasonable warning nor be unnecessarily loud
  or harsh.
    (b) Every such motor vehicle shall be equipped with suitable wipers or
  other  device  which shall clear a sufficient area of the windshields to
  provide reasonable driving vision. (i) The use or placing of posters  or
  stickers  on  windshields  or  rear windows of motor vehicles other than
  those  authorized  by  the  commissioner,  is  hereby  prohibited.   The
  attaching  to  windshields  and windshield wipers of handbills and other
  forms of advertisements, is hereby prohibited.
    (ii) In a city of one million or more, the attaching  or  affixing  by
  any  means whatsoever of handbills or other forms of advertisements to a
  motor vehicle is hereby prohibited. In any prosecution  for  an  alleged
  violation  of this subparagraph, there shall be a rebuttable presumption
  that the person whose  name,  telephone  number,  or  other  identifying
  information  appears  on  any  handbill  or  other form of advertisement
  attached or affixed to a motor vehicle shall  be  in  violation  of  the
  provisions of this subparagraph.
    (iii) Notwithstanding any other provision of law, in addition to those
  persons  otherwise authorized to enforce this subdivision and adjudicate
  violations  thereof,  the  provisions  of  subparagraph  (ii)  of   this
  paragraph 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 monetary penalties provided in subdivision (b) of section
  eighteen hundred of this chapter. Notwithstanding any other provision of
  law, service of a notice of  violation  of  subparagraph  (ii)  of  this
  paragraph  committed  in  such  city  may be made upon a person 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
  subparagraph  (ii) of this paragraph 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 penalties imposed by such environmental control board shall be
  paid into the general fund of such city.
    (iv)  Any  final  order  issued  pursuant to subparagraph (ii) of this
  paragraph  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  proceeding  in  the  same
  manner  as  the enforcement of money judgments entered in civil actions.
  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: (A) of the default decision and
  order and the penalty imposed; (B) that a judgment will  be  entered  in
  any  place  provided  for the entry of civil judgments in the state; and
  (C) that the 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 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  subparagraph  (iii)  of  this
  paragraph.  Any  requirement  of  any  provision  of law other than this
  subdivision that related 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
  subparagraph.  A  judgment  entered  pursuant  to this subdivision shall
  remain in full force and effect for eight years.
    (c) Every trailer and semi-trailer weighing  more  than  one  thousand
  pounds  unladen  and  every  trailer  and  semi-trailer  manufactured or
  assembled on or after January first, nineteen hundred seventy-one having
  a registered maximum gross weight,  an  actual  gross  weight  or  gross
  weight  consisting  of  the unladen weight and maximum carrying capacity
  recommended by the manufacturer in excess of three thousand pounds  also
  shall be equipped with adequate brakes in good working order if operated
  or drawn on the public highways of this state. Every trailer while being
  drawn upon the public highways of this state shall be so attached to the
  vehicle  drawing  the same as to prevent the wheels of such trailer from
  being deflected more than  six  inches  from  the  path  of  the  towing
  vehicle's   wheels.   On  and  after  January  first,  nineteen  hundred
  seventy-one every trailer, except a semi-trailer, while being drawn upon
  the public highways of this state, shall  be  attached  to  the  vehicle
  drawing the same by a device of a type approved by the commissioner.
    (d)  The  commissioner shall make rules prescribing standards of brake
  efficiency, except for motor vehicles the standard of  brake  efficiency
  of  which  are  fixed by the department of public service, and no brakes
  shall be deemed adequate within the meaning of this  subdivision  unless
  they  meet  the requirements of such rules. Such rules shall be filed in
  the office of the secretary of state and thereafter  published  once  in
  the  state  advertising  bulletin  and  shall become effective one month
  after such publication. Any amendment to such rules  shall  be  likewise
  filed  and  published  and  shall  take  effect  one  month  after  such
  publication.
    (e) No operator or registered owner of  any  motor  vehicle  having  a
  registered  maximum  gross  weight  of  eighteen thousand pounds or more
  shall disconnect or knowingly permit the disconnection  of  any  set  of
  service brakes on such motor vehicle. Any violation of the provisions of
  this  paragraph  shall occur only when such vehicle is actually operated
  on the  public  highways.  Such  violation  shall  be  punishable  as  a
  misdemeanor.
    2.  (a)  Every motor vehicle except a motorcycle, driven upon a public
  highway during the period from one-half hour after  sunset  to  one-half
  hour  before  sunrise or at any other time when windshield wipers are in
  use, as a result  of  rain,  sleet,  snow,  hail  or  other  unfavorable
  atmospheric  condition,  and  at  such  other  times as visibility for a
  distance of one thousand feet ahead of such motor vehicle is not  clear,
  shall display:
    1.  at  least  two  lighted head lamps on the front, one on each side,
  having light sources of equal power;
    2. if manufactured prior to January first, nineteen hundred fifty-two,
  at least one lighted lamp on the rear which shall display  a  red  light
  visible from the rear for a distance of at least five hundred feet;
    3.  if  manufactured  on  or  after  January  first,  nineteen hundred
  fifty-two, at least two lighted lamps on the rear,  one  on  each  side,
  which  lamps  shall  display  a  red  light  visible from the rear for a
  distance of at least one thousand feet; and
    4.  if  required  to display a number plate on the rear, a white light
  which shall illuminate the numerals on such plate in such manner  as  to
  render  such numerals legible for at least fifty feet from the rear. The
  provisions of this subparagraph shall also apply to trailers.
    (b) All lamps used on a motor vehicle except a motorcycle shall be  so
  arranged,  adjusted and operated, as to avoid dangerous glare or dazzle.
  Except as provided in paragraph  (d)  of  this  subdivision,  the  upper
  outline  of  any  beam  of  dazzling  light projected to the left of the
  longitudinal axis of the vehicle by the lowermost light distribution  of
  a  headlamp  designed to produce more than one light distribution, or by
  the single light distribution of any other lamp used  on  such  a  motor
  vehicle,  shall  not  rise  higher than the lamp center at a distance of
  twenty-five feet nor higher than  forty-two  inches  at  a  distance  of
  seventy-five  feet.  In  each  case,  the  height  of  the beam shall be
  measured from the plane upon which the vehicle stands and  the  distance
  shall be measured from the lamp projecting the light.
    (c)  No  lamp  shall  be used on a motor vehicle having a light source
  greater than thirty-two candle power, unless such lamp  is  approved  by
  the  commissioner  as  provided  by this section. The provisions of this
  paragraph shall not  apply  to  any  light  which  is  permitted  to  be
  displayed only on an authorized emergency vehicle, a hazard vehicle or a
  vehicle  which is permitted to display a blue or green light pursuant to
  paragraphs four and five of subdivision forty-one of this section.
    (d) A motor vehicle, other than a motorcycle, equipped with any device
  such as, but not limited to, a snow plow blade, which blocks or  impairs
  the  projection  of  light  from the headlamps of such vehicle, shall be
  equipped with at least two  additional  headlamps  on  the  front  which
  headlamps  meet  all  the requirements of this subdivision for headlamps
  except  those  provisions  of  paragraph   (b)   of   this   subdivision
  specifically limiting the height of the beam of any headlamp.
    3. Headlamps required pursuant to the provisions of subdivision two of
  this  section  may be of the multiple beam type designed to produce more
  than one distribution of light or of the single beam  type  designed  to
  produce only one distribution of light.
    Provided  that,  whenever  a  vehicle approaching from ahead is within
  five hundred feet, or when approaching a moving vehicle  from  the  rear
  and  within  two  hundred  feet  of  the  same, the headlamps, if of the
  multiple beam type, or the auxiliary front facing lamps, if the  vehicle
  is  so  equipped,  shall  be  operated  so  that dazzling light does not
  interfere with the driver of the approaching  vehicle,  or  the  vehicle
  being  approached,  and,  whenever  the highway is so lighted or traffic
  thereon is such that illumination of  the  highway  for  more  than  two
  hundred  feet  ahead  of  the  vehicle  by  lights  on  such  vehicle is
  unnecessary or impracticable, the headlamps, if  of  the  multiple  beam
  type,  or  the  auxiliary  front  facing  lamps,  if  the  vehicle is so
  equipped, shall be operated with the lowermost distribution of light  in
  use. Nothing contained in this subdivision shall be construed to prevent
  the use of flashing high beams to signify an intention to pass a vehicle
  or  vehicles  when  two  or  more  vehicles  are  traveling  in the same
  direction, the operation of any headlamp as defined in  paragraph  d  of
  subdivision  two  of  this  section, nor shall it apply to any auxiliary
  front facing lamp permitted  to  be  displayed  only  on  an  authorized
  emergency vehicle.
    4.  No  headlamp  shall  be  used  upon  any  motor  vehicle  except a
  motorcycle operated upon the public highways of this state, unless  such
  lamp is approved by the commissioner or is equipped with a lens or other
  device  approved by the commissioner. Every such headlamp, lens or other
  device shall be applied and adjusted in accordance with the requirements
  of  the certificate approving the use thereof. Every such headlamp shall
  be firmly and substantially mounted on the motor vehicle in such  manner
  as  to  allow the lamp to be properly and readily adjusted. The operator
  of every motor vehicle shall permit any  policeman,  police  officer  or
  other  person  exercising police powers to inspect the equipment of such
  motor vehicle, and make such tests as  may  be  necessary  to  determine
  whether the provisions of this section are being complied with.
    Any  certificate  of  approval  heretofore  issued pursuant to law, or
  hereafter issued by the commissioner may be revoked by the commissioner,
  after a hearing of which the person or corporation named therein, or his
  or its successor in interest, shall have been  given  reasonable  notice
  and  an  opportunity  to  appear  and  be heard upon the ground that the
  device does not comply with the provisions  of  this  section,  and  the
  rules  and  regulations  of  the  commissioner  and  the decision of the
  commissioner revoking such certificate shall be final; such  revocation,
  however,  of a lens or other headlighting device heretofore or hereafter
  approved shall not take effect until six months after  the  decision  of
  the  commissioner  revoking  the  same  and shall apply only to vehicles
  manufactured and used thereafter on the highways of this state.
    The foregoing provisions governing lights on  motor  vehicles  do  not
  apply  to so-called dimmers the use of which is permitted or required by
  local ordinances.
    The commissioner may make  such  rules  and  regulations  relative  to
  lights  on  motor  vehicles  and  the  approval  of  the same as are not
  inconsistent with the specific provisions of this section.
    7.  It  shall  be  unlawful  for  any  person,  firm,  association  or
  corporation  to  sell  or  offer  for sale a headlighting device without
  delivering therewith to the purchaser a printed  sheet  of  instructions
  describing the device in detail, its method of mounting, arrangement and
  adjustment  and  specifying  the  candle  power  of the lamps to be used
  thereon and any other matter that may be necessary to insure  compliance
  in  the  use  of such device with the provisions of this article and the
  certificate of approval. Such  instructions  shall  be  printed  with  a
  photogravure  of  the  pattern  of  light  from one headlight shown on a
  regulation testing screen with respect to a horizontal cross line placed
  across the face of such screen at a height equal to the  height  of  the
  center  of such headlight, and with the headlight adjusted in accordance
  with the rules and regulations  of  the  commissioner.  The  sale  of  a
  headlighting device not approved under the provisions of this section is
  prohibited.  A  violation  of  any of the provisions of this subdivision
  shall be a misdemeanor.
    9. Every omnibus operating upon  the  public  highways  of  the  state
  having  a carrying capacity of ten or more passengers, shall be equipped
  with one  hand  fire  extinguisher  of  at  least  4  B:C  Underwriters'
  Laboratories  rating  or a similar rating by any qualified laboratory or
  testing organization which meets the criteria of  American  Society  for
  Testing Materials test E548-76. Fire extinguishers shall be kept in good
  operating  condition at all times and must be mounted in a place readily
  accessible for use.
    10. a. Every motor vehicle, when driven  or  operated  upon  a  public
  highway,  shall  be equipped with a mirror or other reflecting device so
  adjusted that the operator of such vehicle shall have a clear  and  full
  view of the road and condition of traffic behind such vehicle.
    b. In addition to the above requirements, an omnibus having a capacity
  of  ten  or more passengers registered in this state and manufactured or
  assembled after July first, nineteen hundred seventy, shall be  equipped
  with a mirror attached to the right side of such vehicle and so adjusted
  that the driver thereof shall have a clear and full view of the road and
  condition of traffic behind such vehicle.
    c.  Every  passenger  motor  vehicle  registered  in  this  state  and
  manufactured  or  assembled  after  June  thirtieth,  nineteen   hundred
  sixty-nine,  and  designated as a nineteen hundred seventy or subsequent
  year model, shall be equipped with adjustable interior  mirrors  meeting
  specifications  established by the commissioner which specifications may
  provide minimum and maximum reflectance values.
    d. Every  new  passenger-type  motor  vehicle,  except  a  motorcycle,
  manufactured  for  sale  in New York state on or after January first, in
  the year next succeeding the effective date of this paragraph  shall  be
  manufactured with an interior rear-view mirror of the selective position
  prismatic type with a reflectance value in the night driving position of
  at  least  four  percent;  or its functional equivalent. For purposes of
  this section,  "passenger-type  motor  vehicle"  shall  mean  any  motor
  vehicle  with  a  seating  capacity of not more than fifteen adults, not
  including the driver, that is equipped with one or  more  rear  windows.
  Any  violation  of  the provisions of this paragraph by any manufacturer
  shall constitute an offense and shall be punishable by a civil  fine  of
  not more than seven hundred fifty dollars for each offense.
    e.  Every single-unit motor vehicle registered in this state, operated
  for commercial purposes and having a  cube  style  or  enclosed  walk-in
  delivery  bay,  where  such  delivery bay has a length of eight feet six
  inches or more, but not exceeding a length of eighteen  feet,  shall  be
  equipped  with  a  cross-view  back-up mirror system, rear video system,
  rear object detection system, or other device, which enables the  driver
  of  the  vehicle  to  detect by means of a visual, or visual and audible
  warning-indicator, persons  and  objects  located  directly  behind  the
  vehicle. The commissioner is hereby authorized to promulgate regulations
  providing  specifications  for  mirrors  or other devices as required by
  this paragraph.
    f. Every sani-van and motor vehicle commonly classified as  a  garbage
  truck  purchased  on  or  after  January  first,  two thousand eight and
  registered in this state, which  is  operated  in  and  engages  in  the
  collection  of  garbage  or refuse in the county of Westchester shall be
  equipped with a rear video system,  rear  object  detection  system,  or
  other  device which enables the driver of the vehicle to detect by means
  of a visual,  or  visual  and  audible  warning-indicator,  persons  and
  objects  located directly behind the vehicle. The commissioner is hereby
  authorized  to  promulgate  regulations  providing  specifications   for
  mirrors  or  other  devices  as  required  by  this paragraph. Provided,
  however, that the provisions of this paragraph shall not apply to  motor
  vehicles  commonly  classified as rolloff vehicles that are used for the
  express purpose of transporting waste containers such as open  boxes  or
  compactors.
    10-a.  It  shall  be  unlawful  after  July  first,  nineteen  hundred
  sixty-seven to operate on any public highway in  this  state  any  motor
  vehicle  registered in this state, manufactured or assembled on or after
  such date, and designated as a nineteen  hundred  sixty-eight  or  later
  model,  unless  such  vehicle  is  equipped with an adjustable side view
  mirror which shall be affixed to the left outside of  such  vehicle  and
  which  shall be adjustable so that the operator of such vehicle may have
  a clear view of the road and condition of traffic on the left  side  and
  to the rear of such vehicle.
    10-b.  It  shall  be  unlawful  after June thirtieth, nineteen hundred
  seventy-three to operate on any public highway or street in this  state,
  any  passenger  type  motor  vehicle  except  convertible,  suburban and
  omnibus or other motor vehicle that has a roll-down  rear  window  or  a
  rear  window  or windows located in a movable closure (door-like) member
  registered in this state, manufactured or assembled after said date, and
  designated as a nineteen hundred seventy-four or subsequent model unless
  such vehicle be equipped with a rear window defogger or defroster, which
  shall be so located and  adjusted  that  its  operation  will  give  the
  operator  of  such  vehicle,  by means of the mirror or other reflecting
  device required by subdivision ten of this section, a view of  the  road
  and the condition of traffic behind such vehicle.
    10-c.  It  shall  be  unlawful  after June thirtieth, nineteen hundred
  eighty-five to operate on any public highway or street  in  this  state,
  any  passenger  type  motor  vehicle  that  has a rear window or windows
  located  in  a  movable  closure  (door-like)  member,  except   for   a
  multipurpose  passenger  vehicle  (designed to carry ten persons or less
  and constructed either on a truck chassis or with special  features  for
  occasional off-road operation) registered in this state and manufactured
  or  assembled  after  said  date,  and  designated as a nineteen hundred
  eighty-six or subsequent model unless such vehicle be  equipped  with  a
  rear  window  defogger  or  defroster,  which  shall  be  so located and
  adjusted that its operation will give the operator of such  vehicle,  by
  means  of  the mirror or other reflecting device required by subdivision
  ten of this section, a view of the road and  the  condition  of  traffic
  behind such vehicle.
    10-d.  It  shall  be  unlawful  after  December thirty-first, nineteen
  hundred ninety-two to operate on any public highway or  street  in  this
  state,  any  passenger type motor vehicle that has a rear window located
  in  a  single  movable  closure  (door-like)  member  and  which  has  a
  non-removeable  top,  registered  in  this  state  and  manufactured  or
  assembled  after  said  date,  and  designated  as  a  nineteen  hundred
  ninety-three  or subsequent model unless such vehicle be equipped with a
  rear window defogger  or  defroster,  which  shall  be  so  located  and
  adjusted  that  its operation will give the operator of such vehicle, by
  means of the mirror or other reflecting device required  by  subdivision
  ten  of  this  section,  a view of the road and the condition of traffic
  behind such vehicle.
    * 10-e. Every  truck,  tractor,  and  tractor-trailer  or  semitrailer
  combination  registered  in  this  state  having  a gross vehicle weight
  rating of twenty-six thousand pounds or more,  and  a  conventional  cab
  configuration in which more than half of the engine length is forward of
  the  foremost point of the windshield base and the steering wheel hub is
  in the forward quarter of the vehicle length, whenever operated within a
  city having a population of one million or more on highways  other  than
  controlled-access  highways,  shall  be equipped with a convex mirror on
  the front of such vehicle or combination of vehicles. When such  vehicle
  or  combination  of  vehicles  is  being  operated, such mirror shall be
  adjusted so as to enable the operator thereof to see all  points  on  an
  imaginary  horizontal  line which: (a) is three feet above the road, (b)
  is one foot directly forward from the midpoint  of  the  front  of  such
  motor  vehicle,  and  (c)  extends  the  full width of the front of such
  vehicle or combination of vehicles. Provided, however, the commissioner,
  in consultation with the commissioner of transportation, may  promulgate
  rules   and   regulations   exempting  from  the  requirements  of  this
  subdivision  any  vehicle  or  combination  of   vehicles   where   such
  commissioner  has  determined  that the use of such convex mirrors would
  not increase the visibility of persons or objects  located  directly  in
  front of such vehicle or combination of vehicles.
    * NB Repealed upon conditions set forth in chapter 138 of 2011 S 2
    11.  It  shall  be  unlawful  after  January  first,  nineteen hundred
  thirty-four to operate on any public highway or street, in this state, a
  motor vehicle manufactured or assembled after  said  date,  designed  or
  used  for  the  purpose  of carrying passengers for hire, or as a public
  conveyance to transport school children and others, unless such  vehicle
  be  equipped  with safety glass wherever glass is used in doors, windows
  and windshields.
    12. It shall be unlawful to operate on any public highway or street in
  this state any motor vehicle registered in New York  state  unless  such
  vehicle  be  equipped with safety glass wherever glass is used in doors,
  windows and windshields. For  the  purposes  of  this  subdivision,  any
  device  other  than  a  trailer,  which is attached to or carried upon a
  motor vehicle and which lawfully can be occupied while the motor vehicle
  is in motion, shall be considered a part of such motor vehicle.
    12-a. (a) Every motor vehicle, except a  motorcycle,  when  driven  or
  operated  upon a public highway, road or street shall be equipped with a
  front  windshield  in  a  fixed  and  more  or  less  upright   position
  constructed  of  safety glass as defined in subdivision fourteen of this
  section and required by subdivisions eleven and twelve hereof. No person
  shall drive any motor vehicle with  any  sign  or  other  nontransparent
  material  other  than a certificate or paper required to be displayed by
  law upon the front windshield or the sidewings or side windows on either
  side forward of or adjacent to the operator's seat.
    (b) No person shall operate any motor vehicle upon any public highway,
  road or street:
    (1) the front windshield of  which  is  composed  of,  covered  by  or
  treated  with  any material which has a light transmittance of less than
  seventy percent unless such materials are limited to the  uppermost  six
  inches of the windshield; or
    (2)  the  sidewings or side windows of which on either side forward of
  or adjacent to the operator's  seat  are  composed  of,  covered  by  or
  treated  with  any material which has a light transmittance of less than
  seventy percent; or
    (3) if it is classified as a station  wagon,  sedan,  hardtop,  coupe,
  hatchback   or  convertible  and  any  rear  side  window  has  a  light
  transmittance of less than seventy percent; or
    (4) the rear window of which is composed of,  covered  by  or  treated
  with  any  material which has a light transmittance of less than seventy
  percent. A rear window may have  a  light  transmittance  of  less  than
  seventy  percent  if  the  vehicle is equipped with side mirrors on both
  sides of the vehicle so adjusted that the driver thereof  shall  have  a
  clear  and  full  view  of the road and condition of traffic behind such
  vehicle.
    (c) Any person required for medical reasons to be  shielded  from  the
  direct  rays  of  the  sun  and/or  any person operating a motor vehicle
  belonging to such  person  or  in  which  such  person  is  an  habitual
  passenger  shall  be exempt from the provisions of subparagraphs one and
  two of paragraph (b) of this subdivision provided the  commissioner  has
  granted  an  exemption  and  notice  of such exemption is affixed to the
  vehicle  as  directed  by  the  commissioner.  The  applicant  for  such
  exemption  must  provide a physician's statement with the reason for the
  exemption, the  name  of  the  individual  with  a  medically  necessary
  condition   operating  or  transported  in  the  vehicle,  the  specific
  condition  involved,  and  the  minimum  level  of  light   transmission
  required.  The  commissioner  shall  only authorize exemptions where the
  medical condition certified by the physician is contained on a  list  of
  medical  conditions  prepared  by the commissioner of health pursuant to
  subdivision sixteen of section two hundred six of the public health law.
  If  such such exemption is granted, the commissioner shall make a record
  thereof and shall distribute a sufficiently noticeable  sticker  to  the
  applicant  to  be attached to any window so shielded or altered pursuant
  to such exemption.
    (d) The commissioner may test any window for a  person  who  has  been
  charged  with  violating this subdivision. If such window is found to be
  in conformity with this subdivision, a  small  label  attesting  to  the
  conformity shall be affixed to the window tested.
    (e) On and after January first, nineteen hundred ninety-two, no person
  shall  manufacture,  sell,  offer  for  sale,  equip  or operate a motor
  vehicle  in  this  state  in  violation  of  the  provisions   of   this
  subdivision,  except  that  a  person  may  operate  a  nineteen hundred
  ninety-one  or  earlier  model  year  vehicle  without  violating   this
  subdivision  if the windows on said vehicle were in conformity with this
  subdivision as it existed on  December  thirty-first,  nineteen  hundred
  ninety-one.
    (f) The commissioner shall make such rules and regulations as he shall
  deem necessary to carry out the provisions of this subdivision.
    (ff)  Notwithstanding any other provision of this section or any other
  general, special or local law, charter, administrative code,  ordinance,
  rule or regulation to the contrary, any person operating a motor vehicle
  in a burial or funeral procession while travelling to or from a funeral,
  interment or cremation may place a funeral sign no larger than eight and
  one  half  by  fourteen inches in any window of such vehicle, as long as
  such sign when so placed will not prevent  such  person  from  having  a
  clear and full view of the road and the condition of traffic behind such
  vehicle.
    13.  It  shall  be  unlawful  for  any  person, firm or corporation to
  replace glass in doors, windows, or windshields of motor vehicles unless
  such replacement be made with safety glass.
    14. The term "safety glass" as used in this section shall be construed
  to mean any product composed of glass, so  manufactured,  fabricated  or
  treated  as  substantially to prevent shattering and flying of the glass
  when struck or broken, or such  other  or  similar  product  as  may  be
  approved by the commissioner.
    15.  The commissioner of motor vehicles shall maintain a list of types
  of glass approved  by  him  as  conforming  to  the  specifications  and
  requirements  for  safety  glass as set forth in this section, and shall
  not issue a license for or relicense any motor vehicle  subject  to  the
  provisions  of  subdivisions eleven and twelve unless such motor vehicle
  be equipped as therein provided with such approved type of glass.
    16. The owner and operator of any motor vehicle operated in  violation
  of the provisions of subdivisions eleven and twelve shall be guilty of a
  traffic infraction. In case of the violation of such subdivisions by any
  common  carrier  or person operating under a permit issued by the public
  service commission (or other authorized body  or  person),  said  permit
  shall  be  revoked, or, in the discretion of the commissioner, suspended
  until the provisions of such subdivisions  are  satisfactorily  complied
  with.
    17.  Every  omnibus  having  a  seating  capacity  of  more  than  ten
  passengers, every truck having a  maximum  gross  weight  in  excess  of
  twelve  thousand  pounds  and  every  combination of tractor and trailer
  operated upon a public highway shall carry emergency lighting  equipment
  ready  at  all  times for immediate use. The equipment of the vehicle or
  combination of vehicles may consist  of  flares  of  the  type  used  by
  railroads,   flaring   candles,   torches,  lanterns  or  red  emergency
  reflectors provided it is adequate to provide a  warning  light  in  all
  kinds  of weather both in front of and in the rear of the vehicle for at
  least  eight  hours. No red emergency reflector shall be deemed adequate
  within the meaning of this subdivision unless it is of a size  and  type
  approved  by  the  commissioner,  and conforms to minimum specifications
  established by him, which minimum shall not be  less  than  the  minimum
  established  by  the interstate commerce commission for buses and trucks
  in interstate commerce. When  any  such  vehicle  or  a  combination  of
  vehicles,  except an omnibus which stops for the purpose of taking on or
  discharging passengers, is parked or left standing on a  public  highway
  except  within  a  city  or incorporated village, during the period from
  one-half hour after sunset to one-half hour before sunrise, the operator
  of such vehicle or combination of vehicles  shall  cause  at  least  one
  light,  or  reflector  or  lighted  flare to be placed on the highway in
  front of such vehicle or combination  of  vehicles,  and  at  least  one
  light,  reflector  or  lighted  flare on the highway in the rear of such
  vehicle or combination of vehicles at a distance  of  approximately  one
  hundred  feet  in  the  front  of  and  at  the  rear of such vehicle or
  combination of vehicles, provided that if such vehicle is parked or left
  standing within three hundred feet of a curve, crest of hill,  or  other
  obstruction,  the  flare,  candle,  torch, lantern, or reflector in that
  direction shall be so placed as to afford ample warning to other highway
  users but in no case less than approximately one hundred  feet  or  more
  than approximately three hundred feet from the stopped vehicle.
    18.  Except  as  otherwise  provided  herein,  it shall be unlawful to
  operate on any public highway or street in this state any motor vehicle,
  or combination of motor vehicle and trailer, so constructed or so loaded
  that the driver thereof is unable to indicate clearly by hand signals to
  approaching and following traffic his intention of stopping or  turning,
  unless  such  motor vehicle or combination of vehicles shall be equipped
  with  directional  signals  approved  by  the  commissioner,   provided,
  however,  it  shall  be  unlawful  after January first, nineteen hundred
  fifty-two to operate on any public highway or street in this  state  any
  motor  vehicle registered in this state, manufactured or assembled after
  said date unless such  vehicle  be  equipped  with  directional  signals
  approved by the commissioner. It shall also be unlawful to fail to cause
  such  signals  to  be  maintained,  at  all times in good and sufficient
  working order. The provisions of this subdivision  shall  not  apply  to
  special purpose commercial motor vehicles registered under schedule F of
  subdivision  seven  of  section four hundred one of this chapter or to a
  vehicle or combination of vehicles lawfully operated under  registration
  issued,  under  section  four hundred fifteen of this chapter or under a
  similar provision of the law of another jurisdiction.
    18-a. Any motor vehicle may be equipped with and every  motor  vehicle
  registered  in  this  state  and  manufactured  or  assembled after June
  thirtieth, nineteen hundred sixty-five, and  designated  as  a  nineteen
  hundred  sixty-six  or  subsequent  year model, shall be equipped with a
  device, approved by the commissioner, by means of which the operator may
  cause  the  two  front  and  two  rear  directional  signals  to   flash
  simultaneously  for  the  purpose  of  warning  the  operators  of other
  vehicles of the presence of a vehicular  traffic  hazard  requiring  the
  exercise  of  unusual  care  in  approaching, overtaking or passing. The
  provisions of this subdivision requiring  that  certain  motor  vehicles
  shall be so equipped shall not apply to special purpose commercial motor
  vehicles  registered  under  schedule  F of subdivision seven of section
  four hundred one or to a vehicle or  combination  of  vehicles  lawfully
  operated under registration issued under section four hundred fifteen.
    19.  It  shall  be  unlawful for the owner to operate, park or stand a
  motor vehicle or trailer on any public highway or street in this  state,
  or  to authorize another to so operate, park or stand a motor vehicle or
  trailer, with the consent of such owner, expressed  or  implied,  unless
  such  motor  vehicle  or  trailer be equipped and lighted as provided by
  this  section  and  by  section  three  hundred  seventy-six,  and   the
  operation,  parking  or  standing  on a public highway or street in this
  state of a motor vehicle or trailer which is not so equipped and lighted
  or which is defectively equipped and lighted is hereby prohibited.
    20. Every omnibus  having  a  seating  capacity  of  more  than  seven
  passengers,  used  exclusively  to  transport pupils, teachers and other
  persons acting in a supervisory capacity to and from  school  or  school
  activities,  or  to  transport  children,  instructors  or other persons
  acting in  a  supervisory  capacity  to  and  from  child  care  centers
  maintained for migrant farm and food processing laborers or to transport
  children,  instructors or other persons acting in a supervisory capacity
  to  and  from  camp  or  camp  activities,  or  to  transport  children,
  instructors  or  other  persons  acting in a supervisory capacity to and
  from religious services or instruction shall be equipped in  the  manner
  provided  by  this  subdivision  and  any such omnibus used by any state
  facility or not-for-profit agency licensed by  the  state  and  used  to
  transport persons with disabilities, instructors or other persons acting
  in a supervisory capacity may be equipped in the manner provided by this
  subdivision:
    (a)  For  each  such  omnibus  having  a seating capacity in excess of
  fifteen  children,  there  shall  be  colored  flashing   signal   lamps
  conforming  to  regulations  prescribed by the commissioner on the front
  and on the rear thereof, including at least one flashing red signal lamp
  on the front thereof and at least one flashing red signal  lamp  on  the
  rear  thereof.    For each such omnibus having a seating capacity of not
  more than fifteen children, there shall be colored flashing signal lamps
  conforming to regulations prescribed  by  the  commissioner  facing  the
  front  and facing the rear thereof, and at least one flashing red signal
  lamp facing the front thereof and at least one flashing red signal  lamp
  facing  the  rear  thereof.  The driver of every such vehicle shall keep
  such red signal lamps lighted whenever passengers are being received  or
  discharged or whenever he has stopped within fifty feet to the rear of a
  vehicle  with  such  red signal lamps lighted, and shall light all other
  required signal lamps, as a warning, prior to  stopping  to  receive  or
  discharge  passengers  in  accordance with regulations prescribed by the
  commissioner.
    (b) (1)  In  addition  to  such  signal  lamps,  two  signs  shall  be
  conspicuously   displayed   on   the  exterior  of  every  such  omnibus
  designating it as a school omnibus by the use of the words "SCHOOL  BUS"
  which  shall be painted or otherwise inscribed thereon in black letters.
  Such letters shall be of uniform size, at least eight inches in  height,
  and each stroke of each letter shall be not less than one inch in width.
  The  background  of  each  such sign shall be painted the color known as
  "national school bus chrome." For each such  omnibus  having  a  seating
  capacity  in  excess  of  fifteen children, such signs shall be securely
  mounted on top of such vehicle, one of which shall  be  affixed  on  the
  front  and  one  on  the  rear  thereof.  For each such omnibus having a
  seating capacity of not more than fifteen children, such signs shall  be
  securely  mounted  on  top  of such vehicle, one of which shall face the
  front and one of which shall face the rear thereof. Each such sign shall
  be visible and readable from a point at least two hundred feet distant.
    (2) The universal handicapped symbol shall be conspicuously  displayed
  on  the  exterior of every omnibus equipped with a wheelchair lift which
  transports children with disabilities. The commissioner shall promulgate
  regulations  regarding  the  size  and  location   of   such   universal
  handicapped symbol.
    (c)  In  the event such vehicle is operated on a public highway during
  the period between one-half hour after sunset and one-half  hour  before
  sunrise,  the  signs required by paragraph (b) of this subdivision shall
  be illuminated as to be visible from a point at least five hundred  feet
  distant.
    (d) Every such omnibus shall be equipped as provided in paragraphs (a)
  and  (b)  of  this  subdivision,  and  such signs shall be displayed and
  illuminated  in  accordance  with  paragraphs  (b)  and  (c)   of   this
  subdivision,  and  such  signal  lamps  shall be operated as provided in
  paragraph (a) of this subdivision at all times when such  omnibus  shall
  be  engaged  in  transporting  pupils  to  and  from  school  or  school
  activities or in transporting children to and from  child  care  centers
  maintained for children of migrant farm and food processing laborers, or
  in  transporting  children  to  and  from  camp  or  camp  activities or
  transporting children to and from religious services or  instruction  or
  transporting  persons  with disabilities on any such omnibus used by any
  state facility or not-for-profit agency licensed by the state.
    (e) Every such omnibus, having its engine located ahead of the driver,
  with a seating capacity of more than twelve  school  children  shall  be
  equipped  with  a  mirror,  convex  in  shape,  at least eight inches in
  diameter, firmly mounted at hood, windshield  or  fender-top  height  in
  front  of  the bus. It shall be located on either the left or right side
  of the bus in such manner that the seated driver may observe through its
  use the road from the front bumper forward to  the  point  where  direct
  observation is possible.
    (f)  The  commissioner  of  motor  vehicles  is  hereby authorized and
  empowered to adopt and, from time to time, to  amend  such  regulations,
  not  inconsistent  with  this  subdivision, governing the color, number,
  size, type, construction and use of such signal lamps and signs,  as  he
  may  deem necessary for public safety. On and after July first, nineteen
  hundred fifty-one, no such signal lamp or sign shall be deemed to comply
  with the requirements of this subdivision unless it is  of  a  size  and
  type  approved  by  the  commissioner and unless it shall conform to the
  specifications prescribed and promulgated by him.
    (g) In the event, however, that such an omnibus,  equipped  as  herein
  provided,  shall  cease  to  be  used  to transport pupils or pupils and
  teachers or children of migrant laborers and migrant child  care  center
  instructors,  or  children and camp instructors, the equipment, markings
  and paint, herein provided for, shall  be  removed  and  changed  within
  fifteen  days  after  relicense.  Nothing  contained  in  this  section,
  however,  shall  be  deemed  to  waive  any  other  requirements  as  to
  equipment, markings and paint, contained in this chapter.
    (h)  All the provisions of this chapter relating to school buses shall
  apply with equal force and effect to buses used in transporting children
  and instructors to and from child care centers maintained  for  children
  of  migrant  farm  and  food  processing  laborers  and to buses used in
  transporting children to and from camp or camp activities and  to  buses
  used  in  transporting  children  to  and  from  religious  services  or
  instruction. As used in this subdivision, camp or camp activities  shall
  mean day camp or day camp activities respectively.
    (i)  Every omnibus subject to the provisions of this subdivision shall
  be operated with headlights and taillights illuminated at all  times  of
  day or night.
    (j)   The  commissioner  of  transportation,  in  his  discretion,  by
  regulation or upon written request,  by  departmental  order,  for  good
  cause,  may  exempt  any  school  bus that does not receive or discharge
  passengers on or along the public highways on regularly scheduled routes
  from the requirements of any or all paragraphs  of  subdivisions  twenty
  and twenty-one of this section.
    (k)  All  omnibuses  manufactured  or  assembled prior to April first,
  nineteen  hundred  seventy-seven  and  all  omnibuses  manufactured   or
  assembled after April first, nineteen hundred seventy-seven which do not
  meet federal standards for school bus safety, shall be phased out of use
  beginning   with   the  nineteen  hundred  ninety-six--nineteen  hundred
  ninety-seven  school  year  and  ending  with   the   nineteen   hundred
  ninety-seven--nineteen hundred ninety-eight school year. In each of such
  school  years, at least one-half of such omnibuses shall be retired from
  use  according  to  the  following  formula:  in  the  nineteen  hundred
  ninety-six--nineteen  hundred  ninety-seven  school  year,  the  minimum
  number of such omnibuses to be phased out of each owner/operator's fleet
  shall be the total number of such omnibuses divided by two  and  rounded
  upwards  to the nearest whole number. All such omnibuses remaining shall
  be phased out in the  nineteen  hundred  ninety-seven--nineteen  hundred
  ninety-eight school year.
    Notwithstanding   the  foregoing  provisions  of  this  paragraph  the
  commissioner of education may make exceptions on a case by case basis if
  a school district certifies to the  commissioner  of  education  that  a
  certain  omnibus  should  not be retired for reason of economic hardship
  and the commissioner of transportation determines upon  inspection  that
  such  omnibus is in good working order. In making his determination, the
  commissioner of transportation  shall  consider,  among  other  relevant
  factors,  the relative age and structure of each such omnibus. When such
  determination  is  made,  every  such  omnibus  so  certified  shall  be
  reinspected by the commissioner of transportation once every six months.
  Any  school  district receiving an exemption from the provisions of this
  paragraph for any omnibus shall provide to the commissioner of education
  an annual recertification of economic hardship.
    (l)(1) Every such omnibus used on a regular basis to transport  pupils
  with a disability on a regularly scheduled route shall, with the written
  consent  of  the  parent,  guardian,  or  person  in  a position of loco
  parentis, have maintained on  such  omnibus  the  following  information
  about each such pupil:
    (i) name;
    (ii) nature of the disability; and
    (iii)  the  name  of  such  pupil's  parent,  guardian, or person in a
  position of loco parentis and one or more telephone numbers  where  such
  person  can  be  reached  in an emergency, and/or the name and telephone
  number of any other person designated by such parent, guardian or person
  in a position of loco parentis as a person who can be  contacted  in  an
  emergency.
    (2)  Such  information  shall  be  used  solely  for  the  purpose  of
  contacting such pupil's parent, guardian, person in a position  of  loco
  parentis, or designee in the event of an emergency involving such pupil,
  shall  be  kept  in a manner which retains the privacy of the pupil, and
  shall not be accessible to any person other than the driver or a teacher
  acting in a supervisory capacity. Provided, however, that in  the  event
  that  such  driver  or teacher is incapacitated, such information may be
  accessed by any emergency services provider for the  purpose  authorized
  by this subparagraph.
    (3)  Such  information  shall  be updated as needed, but at least once
  each school year. Such  information  shall  be  destroyed  if:  parental
  consent  is  revoked;  the  pupil no longer attends such school; or, the
  disability no longer exists.
    (4) For the purposes of this paragraph, the  term  "disability"  shall
  mean  a  physical  or mental impairment that substantially limits one or
  more of the major life activities of a pupil, whether of a temporary  or
  permanent nature.
    21.  Every  motor vehicle having a seating capacity of more than seven
  passengers, and  used  primarily  to  transport  pupils  or  pupils  and
  teachers  to  and  from  school,  shall  be  painted  the color known as
  "national school bus chrome."
    In the event, however, such a motor vehicle so painted shall cease  to
  be  used  to transport pupils or pupils and teachers, the color of paint
  herein provided for, shall be changed to another color,  within  fifteen
  days of relicense.
    21-a.  In  any  case  where  a New York state police or New York city,
  Albany,  Buffalo,  Rochester,  Syracuse  or  Yonkers  police  department
  vehicle  is  painted a distinctive color which would designate it in the
  public's view as such a state or city police vehicle, the  purchaser  of
  such  vehicle  shall  cause the color of its paint to be altered and any
  designated markings to be removed within fifteen days of registration.
    21-b. The commissioner shall promulgate rules and regulations for  the
  use of two-way radios on school buses.
    21-c.  The  commissioner,  in  consultation  with  the commissioner of
  transportation, shall promulgate rules and regulations for  the  use  of
  stop-arms  on  school  buses which shall include provisions for a second
  stop-arm to be located on the driver's side as close as is practical  to
  the rear corner of the bus. Every school bus designed with a capacity of
  forty-five persons or more, and manufactured for use in this state on or
  after  January  first,  two thousand two shall be equipped with a second
  stop-arm in compliance with such regulations.
    21-d. The commissioner shall promulgate rules and regulations for  the
  use of back up beepers on school buses.
    21-e.  The commissioner shall promulgate rules and regulations for the
  use of front crossing arms on school buses.
    21-f. The commissioner shall promulgate rules and regulations for  the
  use of safety sensor devices on school buses.
    21-g.  Every school bus manufactured for use in this state after April
  first, nineteen hundred ninety, shall be equipped with back-up beepers.
    * 21-h. It shall be unlawful for any motor vehicle  having  a  seating
  capacity  of more than seven passengers, and used primarily to transport
  pupils or pupils and teachers to and from school to be mounted with,  or
  have  placed  or  installed  thereon  any sign, placard or other display
  except as provided by law. Provided, however,  that  the  provisions  of
  this  subdivision  shall not apply to such motor vehicles operating in a
  city with a population of one million or more.
    * NB There are 2 sub. 21-h's
    * 21-h. (a) Every school bus manufactured for use in this state on  or
  after  April  first,  two  thousand,  shall  be  equipped  with exterior
  reflective  markings  which  comply  with  the  rules  and   regulations
  promulgated  by  the  commissioner  pursuant  to  paragraph  (c) of this
  subdivision.
    (b) Every school bus used to transport ten or more passengers in  this
  state  on  or after September first, two thousand two, shall be equipped
  with exterior reflective  markings  which  comply  with  the  rules  and
  regulations promulgated by the commissioner pursuant to paragraph (c) of
  this subdivision.
    (c)  The  commissioner  shall  promulgate  rules  and  regulations for
  exterior reflective markings required to be attached  on  school  buses.
  Such rules and regulations:
    (1)  shall  require  the  rear  of  school  buses  to  be  marked with
  reflective material to outline the perimeter of the back of the bus  and
  of the rear emergency exit;
    (2)  shall  require the horizontal application of strips of reflective
  material, not less than one and three-quarters inches  wide,  above  the
  rear  windows,  and  above  the  rear  bumper from the edges of the rear
  emergency exit door to both corners of  the  school  bus  with  vertical
  strips of reflective material at each corner connected to the horizontal
  strips;
    (3)  shall  require the horizontal application of strips of reflective
  material, not less than one and three-quarters inches wide,  the  entire
  length  of  the  sides  of  the  school bus body and located equidistant
  between the floorline and the beltline of the bus; and
    (4) may require the marking of the front,  rear  or  both  bumpers  of
  school buses with reflective material between one and three-quarters and
  two  and  one-quarter inches wide applied thereto at a forty-five degree
  angle to the center line of the road surface.
    * NB There are 2 sub. 21-h's
    21-i. (a) (1) Every school bus manufactured on or after January first,
  nineteen hundred ninety, fueled with other than diesel fuel and used  to
  transport  three or more students who use wheelchairs or other assistive
  mobility devices or with a total capacity of more than eight  passengers
  and  used  to  transport students who use wheelchairs or other assistive
  mobility devices shall be  equipped  with  an  engine  fire  suppression
  system.
    (2)  Every  school  bus manufactured for use in this state on or after
  September first, two thousand seven fueled with diesel fuel and used  to
  transport  three or more students who use wheelchairs or other assistive
  mobility devices or with a total capacity of more than eight  passengers
  and  used  to  transport students who use wheelchairs or other assistive
  mobility devices shall be  equipped  with  an  engine  fire  suppression
  system.
    (b)  The  commissioner  of  the  department  of  transportation  shall
  promulgate rules and regulations establishing standards for the  use  of
  engine  fire  suppression  systems  on  school  buses  used to transport
  students who use wheelchairs or other assistive mobility devices.
    22. It shall be unlawful to operate a motor vehicle  upon  the  public
  highways  of  this  state  which  is equipped with any glass which is so
  broken, fractured or discolored as to distort visibility.
    23. Every motor vehicle operated for hire upon the public highways  of
  this  state  shall be equipped with handles or other devices which shall
  permit the door or doors to the  passenger  compartment  to  be  readily
  opened from the interior of the vehicle.
    24.  It  shall  be unlawful to operate upon any public highway in this
  state a motor vehicle which is equipped with a television receiving  set
  within view of the operator or in which a television receiving set is in
  operation  within the view of the operator. A motor vehicle shall not be
  deemed to be equipped with a television  receiving  set  solely  because
  such  set  utilizes  power  from  such  vehicle.  The provisions of this
  subdivision shall not prohibit a vehicle with a weight of  ten  thousand
  pounds  or  more  or  a  school bus from using closed-circuit television
  receiving equipment exclusively for safety and maneuvering purposes,  in
  accordance with regulations to be established by the commissioner.
    24-a.  It shall be unlawful to operate upon any public highway in this
  state a motor vehicle, limited use automobile, limited use motorcycle or
  bicycle while the operator is wearing more than one earphone attached to
  a radio, tape player or other audio device.
    25. (a) On and after  the  first  day  of  January,  nineteen  hundred
  seventy-four  it  shall  be unlawful to operate on any public highway or
  street in this state any tractor, commercial motor vehicle,  combination
  of  a  commercial  motor  vehicle  and  trailer,  or  combination  of  a
  truck-tractor  and  semi-trailer which is not so constructed or equipped
  as reasonably to bar water or other road surface substances  from  being
  thrown  by the rearmost wheels beyond the extreme rear of the vehicle or
  combination of vehicles, and to minimize side spray.
    (b) Unless  the  commercial  vehicle  or  combination  vehicle  is  so
  designed  or  constructed  to  accomplish  the  objectives  set forth in
  paragraph  (a)  of  this  subdivision  by  reason  of  fender  or   body
  construction or other means of enclosure, any such commercial vehicle or
  combination  vehicle  shall  be  equipped,  on  and after January first,
  nineteen hundred fifty-seven, with splash guards  and  stone  deflectors
  which  shall  be  composed  of materials substantial enough to withstand
  ripping or tearing by ordinary means and withstand  the  action  of  the
  elements  for  a reasonable length of time. Such splash guards and stone
  deflectors shall also have a reasonable degree of  flexibility  and  the
  distance  from  the  lower  end  thereof  to the ground shall not exceed
  one-third of the distance, measured along the ground, from the bottom of
  the splash guard to the point of contact of the rear wheel.
    (c) The commissioner  of  motor  vehicles  is  hereby  authorized  and
  empowered  to  make  rules and regulations with respect to splash guards
  and stone deflectors, their type and construction, manner of  attachment
  to  vehicles and all other matters requisite for the proper effectuation
  of  the  purposes  of  this  subdivision.  In  making  such  rules   and
  regulations  the  commissioner  shall  be  guided by the desirability of
  uniformity in requirements  with  regard  to  splash  guards  and  stone
  deflectors among the several states.
    (d)  The  provisions  of  this  subdivision  shall  not apply to motor
  vehicles, trailers and semi-trailers registered pursuant to  subdivision
  thirteen  of  section four hundred one of this chapter, and not operated
  upon the public highways in excess of one and one-half miles  by  direct
  route  between  farms  or  portions  of  farms  under  single  or common
  ownership or operation.
    26. A gong or siren whistle shall not be used  on  any  vehicle  other
  than  an  authorized  emergency  vehicle. This shall not be construed to
  apply to a gong or siren designed and used solely as a burglar alarm  on
  a vehicle.
    27.  When  a  vehicle  (a)  has  a crane, boom or other similar device
  attached or (b) is loaded with  any  material,  and  such  crane,  boom,
  device or material extends four feet or more beyond the front or rear of
  such  vehicle,  such  vehicle shall be provided with a red flag not less
  than twenty-four inches square by day and a red light visible  from  the
  rear  and  an  amber  light  visible from the front for a distance of at
  least five hundred feet by night on the extreme  end  of  the  extending
  portion of such crane, boom, device or material.
    28.  No  person  shall  operate  upon a public highway a vehicle which
  emits unnecessary smoke or unnecessary offensive vapors.
    28-a. Except as permitted  or  authorized  by  law,  no  person  shall
  remove,  dismantle or otherwise cause to be inoperative any equipment or
  feature constituting an operational element of  a  motor  vehicle's  air
  pollution  control  system or mechanism required by federal or state law
  or by any rules or regulations promulgated pursuant thereto.
    28-b. Except where inconsistent with federal law, every motor  vehicle
  registered  in  this  state  and  manufactured  or  assembled after June
  thirty, nineteen hundred sixty-three shall be equipped with a  crankcase
  ventilating  system  of  a  type  approved  by the state commissioner of
  environmental conservation for the purpose of reducing the  emission  of
  pollutants  into the atmosphere. Such system shall be maintained in good
  working order in continued conformity with standards promulgated by  the
  state  commissioner  of  environmental conservation. For the purposes of
  this subdivision the term "motor vehicle" shall exclude  diesel  powered
  motor  vehicles,  motorcycles,  vehicles  driven  by  electric power and
  special purpose commercial motor vehicles registered under  paragraph  F
  of subdivision seven of section four hundred one of this chapter.
    28-c.   Except   where   inconsistent  with  federal  law,  rules  and
  regulations,  every  motor  vehicle  registered  in   this   state   and
  manufactured   or   assembled   after   June  thirty,  nineteen  hundred
  sixty-seven and known as a nineteen hundred  sixty-eight  or  subsequent
  model  shall be equipped with an air contaminant emission control system
  of  a  type  approved  by  the  state  commissioner   of   environmental
  conservation.  Such systems shall be maintained in good working order in
  continued conformity with emission standards promulgated  by  the  state
  commissioner  of  environmental  conservation.  For the purposes of this
  subdivision, "air contaminant emission control systems" may include, but
  shall  not  be  limited  to,  exhaust  control  systems   and   gasoline
  evaporation  control  systems  but  shall  exclude crankcase ventilating
  systems.
    28-d. The state commissioner of environmental conservation may  exempt
  or  partially  exempt from the provisions of subdivisions twenty-eight-b
  and twenty-eight-c of this section any type or class  of  motor  vehicle
  for  which  no  practical  control  systems  have  been developed or are
  necessary.
    28-e. Standards and exemptions established by the  state  commissioner
  of  environmental  conservation pursuant to subdivisions twenty-eight-b,
  twenty-eight-c and twenty-eight-d of this section, shall  be  consistent
  with applicable federal laws and regulations.
    28-f.  (a)  Except  where  inconsistent  with  federal  law, rules and
  regulations, in addition to any air contaminant emission control systems
  required by  subdivisions  twenty-eight-b  and  twenty-eight-c  of  this
  section,   the   commissioner   of  environmental  conservation  may  by
  regulation require the installation of exhaust emission control  devices
  in  proper  working  condition  on  all  or any vehicles of any class or
  classes of gasoline powered motor vehicle having  a  registered  maximum
  gross  weight  in  excess  of  six  thousand pounds. The commissioner of
  environmental conservation shall  not  promulgate  any  such  regulation
  unless  he (i) has determined, with the concurrence of the commissioner,
  that any such device is, or devices are, effective  and  reliable,  (ii)
  has  determined  that  the installation of any such device on all or any
  vehicles of such class or classes is necessary  to  the  achievement  of
  federal  ambient  air  quality  standards  pursuant  to  an approved air
  quality implementation plan adopted pursuant to the  federal  clean  air
  act,  as  amended (42 U.S.C. 1857 et seq.) and (iii) has determined that
  the effect of such regulation will not be diluted by the  absence  of  a
  comparable  requirement  in  an adjoining state; provided, however, that
  the effective date of the requirements of such regulation shall  not  be
  prior  to  the approval or promulgation of a transportation control plan
  pursuant to the Federal clean air act as amended for those  portions  of
  adjoining  states  designated  as the territorial areas forming parts of
  the New  Jersey-New  York-Connecticut  Interstate  Air  Quality  Control
  Region  under such act and not prior to the effective date of comparable
  requirements for such vehicles registered in, required to be  registered
  in,  or  operated  in any such portions. Any such requirement shall take
  effect with respect to any such motor vehicle as of the date of issuance
  of a registration for such vehicle in the year next succeeding the  date
  on  which  the regulation requiring the installation of such a device is
  promulgated by the commissioner of environmental conservation, but in no
  event prior to March first, nineteen hundred seventy-six.
    (b)  The  provisions  of paragraph (a) of this subdivision shall apply
  only to gasoline  powered  vehicles  which  are  registered  in  or  are
  required  by  law  to  be  registered  pursuant  to subdivision seven of
  section four hundred one of this chapter in, or are  regularly  operated
  in  that portion of the state designated as the territorial area forming
  part   of   the   New   Jersey-New   York-Connecticut   Interstate   Air
  Quality-Control  Region  under the federal clean air act, as amended (42
  U.S.C. 1857 et seq.) or any part of such region.
    (c) Whenever a motor vehicle registered pursuant to subdivision  seven
  of  section  four  hundred  one  of  this  chapter  is not required by a
  regulation promulgated pursuant to this subdivision, to have an  exhaust
  emission  control  device installed in accordance with this subdivision,
  the applicant for registration for  any  such  motor  vehicle  shall  be
  required  to  file  a  statement  as  prescribed  by the commissioner in
  conjunction with such  registration  that  such  motor  vehicle  is  not
  required  to  have  such a device. A false statement in relation to such
  exemption shall constitute a material false statement in an  application
  for registration.
    (d)  A  notation  on the registration for a vehicle and an identifying
  sticker on the vehicle, both of which  indicate  that  such  vehicle  is
  required to have an exhaust emission control device shall be presumptive
  evidence  that  such  device  in proper working condition is required on
  that vehicle pursuant to paragraph (a) of this subdivision.
    (e) The rules and regulations promulgated pursuant to paragraph (a) of
  this subdivision shall contain provisions necessary  or  appropriate  to
  implement  this  subdivision,  including  the  definition  of  terms and
  exemptions  for  motor  vehicles  registered  in  areas  from  which  no
  substantial  numbers  of  motor  vehicles  are regularly operated in the
  portion of the state referred to in paragraph (b) of this subdivision.
    (f) No registered owner shall permit a motor vehicle, required to have
  an exhaust emission control device in proper working condition  pursuant
  to  the provisions of this subdivision, to be operated in the portion of
  the state to which this subdivision is applicable, unless  such  vehicle
  is  equipped  with an approved exhaust emission control device in proper
  working condition.  Every  person  convicted  of  a  violation  of  this
  paragraph  shall  for  a  first  violation  thereof  with  respect  to a
  particular motor vehicle be punished by a fine of  seven  hundred  fifty
  dollars.  Such  fine may not be waived, suspended or in any other manner
  not levied, except that four hundred fifty dollars of such fine  may  be
  waived  upon  presentation  of  acceptable  evidence  prior to the final
  determination of the violation that  the  device  required  pursuant  to
  paragraph  (a) of this subdivision has been installed on the vehicle and
  is in proper working condition. Every person convicted of  a  second  or
  subsequent  violation  with  respect  to  a  particular vehicle shall be
  punished by a fine of seven hundred fifty dollars, which fine may not be
  waived, suspended or in any other manner not levied.
    29. (a) A motor vehicle shall not be used to tow more than  one  other
  vehicle.
    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision, the following  vehicles  or  combination  of  vehicles  are
  permitted to be operated in New York state:
    1.  Municipal  garbage  or  ash collecting systems consisting of three
  vehicles;
    2. A tow truck or  wrecker  being  used  to  tow  a  disabled  tractor
  semitrailer combination;
    3.  A  tractor being used to tow a semitrailer and trailer outside the
  city of New York or counties of Nassau and Suffolk or on any  qualifying
  highway  or  access  highway  within the city of New York or counties of
  Nassau or Suffolk;
    3-a.  A  tractor semitrailer-semitrailer combination of vehicles where
  the two semitrailers are  connected  by  a  B-train  assembly  and  such
  combinations  of  vehicles  is  operated outside the city of New York or
  counties of Nassau and Suffolk or on any qualifying  highway  or  access
  highway within the city of New York or counties of Nassau or Suffolk;
    4.   Subject   to   rules  and  regulations  of  the  commissioner  of
  transportation, a combination of an automotive  powered  cab  and  truck
  chassis  being  used  to  tow  two  such  additional  vehicles in double
  saddle-mount  fashion,  each  mounted  upon  a   device   designed   and
  constructed  so  as  to  be  readily dismountable and which performs the
  function of a conventional fifth wheel, so that while all the wheels  of
  the  towing  powered  chassis  touch the roadway, only the wheels on the
  rear axle of each of the towed vehicles are in contact with the roadway;
  and
    5.  Subject  to  rules  and  regulations  of   the   commissioner   of
  transportation,  a  combination  of  an automotive powered cab and truck
  chassis being used to tow  three  such  additional  vehicles  in  triple
  saddle-mount  fashion  on  a  qualifying or access highway, each mounted
  upon a device designed and constructed so as to be readily  dismountable
  and  which  performs the function of a conventional fifth wheel, so that
  while all the wheels of the towing powered chassis  touch  the  roadway,
  only  the  wheels  on the rear axle of each of the towed vehicles are in
  contact with the roadway.
    (c) No vehicle shall be towed by a rope or other non-rigid  connection
  which is longer than sixteen feet.
    (d)  A  motor  vehicle  being  towed  by  a  rope  or  other non-rigid
  connection must have a licensed driver in such motor vehicle  who  shall
  steer it when it is being towed.
    29-a.  No vehicle or mobile equipment shall be towed with the use of a
  dolly unless the dolly, vehicle or mobile equipment is  secured  to  the
  towing  vehicle by safety chains or cables which will prevent the dolly,
  vehicle or mobile equipment from separating from the towing vehicle  and
  the towed vehicle or mobile equipment is securely fastened to the dolly.
  Dolly  shall  mean  a  multi-wheel  device utilized to raise a part of a
  towed vehicle or mobile equipment while it is  being  towed  by  another
  vehicle.
    30.  It  shall  be  unlawful for any person to operate a motor vehicle
  with any object placed or hung in or upon the vehicle,  except  required
  or  permitted  equipment of the vehicle, in such a manner as to obstruct
  or interfere with the view of the operator through the windshield, or to
  prevent him from having a clear and full view of the road and  condition
  of traffic behind such vehicle.
    31.  Mufflers  and  exhaust  systems. Prevention of noise. Every motor
  vehicle, operated or driven upon the highways of the state, shall at all
  times be equipped  with  an  adequate  muffler  and  exhaust  system  in
  constant  operation  and properly maintained to prevent any excessive or
  unusual noise and no such muffler or exhaust system  shall  be  equipped
  with  a  cut-out,  bypass, or similar device. No person shall modify the
  muffler or exhaust system of a motor vehicle  in  a  manner  which  will
  amplify  or increase the noise emitted by the motor or exhaust system of
  such vehicle above  that  emitted  by  the  muffler  or  exhaust  system
  originally  installed  on  the  vehicle  and  such  original muffler and
  exhaust system shall comply with all the requirements of this section.
    A muffler is a device consisting of a series  of  chambers  or  baffle
  plates,  or other mechanical design for the purpose of receiving exhaust
  gas from an internal combustion engine, and effective in reducing noise.
    An exhaust system is a series of mechanical devices for the purpose of
  receiving  exhaust  gas from an internal combustion engine and expelling
  it into the atmosphere.
    31-a. No person shall, in the state, sell, install or use a motorcycle
  exhaust device without internal baffles, known as "straight pipes".
    31-b. No person shall, in the state, sell, install or use a motorcycle
  exhaust device that is intentionally designed to allow for the  internal
  baffling  to  be  fully  or  partially  removed or interchangeable. This
  subdivision shall not apply to a motorcycle  manufactured  or  assembled
  prior  to  nineteen hundred seventy-nine or a motorcycle registered as a
  limited use vehicle or  an  all  terrain  vehicle  pursuant  to  article
  forty-eight-A or forty-eight-B of this chapter.
    32.  The  violation  of  any  of  the  provisions of this section with
  respect to adequate brakes except those relating to  emergency  or  hand
  brakes  shall  constitute  a misdemeanor and the violation of any of the
  other provisions of this section, including those relating to  emergency
  or  hand brakes, shall be punishable by a fine not exceeding one hundred
  fifty dollars or by imprisonment for not exceeding thirty  days,  or  by
  both such fine and imprisonment, except as herein otherwise provided.
    33.  The provisions of this section shall not apply to fire and police
  vehicles,  self-propelled  combines,   self-propelled   corn   and   hay
  harvesting   machines,   farm   type   tractors   used  exclusively  for
  agricultural purposes or for snow  plowing  other  than  for  hire,  and
  self-propelled   caterpillar   or  crawler-type  equipment  while  being
  operated on the contract site except when reference is specifically made
  to such vehicle.
    34. Any motor vehicle may be equipped with and every passenger vehicle
  registered in this state and manufactured  or  assembled  after  January
  first,  nineteen hundred sixty-nine, shall be equipped with at least one
  back-up light. Such light shall display a white light to the  rear  when
  the ignition switch is energized and reverse gear is engaged. Such light
  shall not be lighted when the motor vehicle is in forward motion.
    35.  Tires.  (a)  The  commissioner  may  establish  standards for the
  manufacture, regrooving or retreading of tires  which  are  produced  or
  sold  in  this  state,  and for the use of tires on vehicles operated in
  this state.
    (b) No tire shall be manufactured, distributed, offered  for  sale  or
  sold  in this state if it does not comply with the standards established
  by the commissioner pursuant to paragraph (a)  of  this  subdivision.  A
  violation of this paragraph shall be punishable as a misdemeanor.
    (c)  No  person shall operate a motor vehicle or a trailer on a public
  highway if such vehicle is equipped with tires  that  do  not  meet  the
  standards  established  by the commissioner pursuant to paragraph (a) of
  this subdivision.
    35-a. It shall be unlawful to  operate  a  motor  vehicle  or  trailer
  equipped  with tires having metal objects protruding from the tire tread
  upon any public highway. The prohibition contained in this section shall
  not apply to pneumatic tires containing metal type studs,  the  diameter
  of   which   studs   inclusive  of  the  stud  casing  does  not  exceed
  three-eighths of an inch and which do  not  protrude  beyond  the  tread
  surface  of such tires more than three thirty-seconds of an inch and the
  contact area of which does not exceed three-fourths of one per  cent  of
  the  total  nominal contact area of said tires determined by multiplying
  the circumference of the outer most edge of tread times the tread width,
  except that no vehicle equipped with such tires, other than school buses
  and state or municipally-owned vehicles, may operate on a public highway
  during the period from the first day of May  to  the  fifteenth  day  of
  October, inclusive.
    36.  (a)  The  slow-moving vehicle emblem as developed by the American
  Society of Agricultural Engineers shall be recognized  as  the  official
  state  slow  moving  vehicle  emblem. The commissioner of motor vehicles
  shall adopt standards and specifications for design, creation  and  use,
  in  conformance  with  those  recommendations of the American Society of
  Agricultural Engineers  for  the  size,  design  and  mounting  of  said
  slow-moving vehicle emblem.
    (b)  Farm  machinery  and  implements of husbandry and other machinery
  including  road  construction  and  maintenance  machinery  designed  to
  operate  at  twenty-five  miles  per hour or less, traveling on a public
  highway  during  day  or  night,  whether  self-propelled  or  used   in
  combination,  shall each separately display a slow-moving vehicle emblem
  as specified in paragraph (a) of this subdivision.
    (c) The use of such emblem  shall  be  in  addition  to  any  lighting
  devices,  flags or other equipment required by law. Such emblem shall be
  used only  on  farm  machinery  and  implements  of  husbandry  on  road
  construction  and  maintenance  machinery,  and  on such other vehicles,
  machinery and equipment as may be specified in regulations issued by the
  commissioner.  All use shall be in accordance with such regulations. Use
  of such emblem as a clearance marker or on  stationary  objects  on  the
  highways is prohibited.
    37.   The   commissioner   shall   promulgate  rules  and  regulations
  prescribing appropriate  cautionary  devices  to  be  affixed  to  motor
  vehicles  engaged  in  retail  sales  of  frozen  desserts  directly  to
  consumers which shall include, but not be  limited  to,  front  crossing
  arms to be activated only when such vehicle is stopped and its occupants
  are  engaged  in  such retail sales. Such rules and regulations shall be
  designed to warn oncoming vehicles of the likelihood of  pedestrians  in
  or  about  the vicinity of such sales oriented motor vehicles. No person
  shall engage in the retail sale by  motor  vehicle  of  frozen  desserts
  directly  to  consumers  in  violation  of  the  rules  and  regulations
  promulgated by the commissioner. As used in  this  subdivision,  "frozen
  desserts" shall mean ice cream, frozen custard, French ice cream, French
  custard   ice   cream,  artificially  sweetened  ice  cream,  ice  milk,
  artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water
  ices, non-fruit water ices, quiescently frozen  confection,  quiescently
  frozen  dairy  confection, manufactured desserts mix, frozen confection,
  mellorine frozen dessert, parevine, frozen yogurt, freezer made  shakes,
  freezer made milk shakes, lo-mel, and dietary frozen dessert as all such
  products  are  commonly known, together with any mix used in such frozen
  desserts and any products which are similar in appearance, odor or taste
  to such products, or are prepared  or  frozen  as  frozen  desserts  are
  customarily  prepared  or  frozen,  whether  made with dairy products or
  non-dairy products.
    39. Every motor vehicle registered in this state and  manufactured  or
  assembled  after  October  first,  nineteen  hundred sixty-four shall be
  equipped with a defrosting  device,  in  good  working  order,  for  the
  purpose  of  preventing  the  formation of snow or ice on the windshield
  directly in front of the operator. For the purposes of this  subdivision
  the  term  "motor  vehicle"  shall  exclude  motorcycles,  tractors used
  exclusively  for   agricultural   purposes,   self-propelled   combines,
  self-propelled harvesting machines and farm equipment and self-propelled
  caterpillar  or  crawler-type  equipment  while  being  operated  on the
  contract site.
    40. Stop lamps. (a) Every motor vehicle, except a motorcycle, operated
  or driven upon the public highways of the state, if  manufactured  prior
  to  January first, nineteen hundred fifty-two, shall be equipped with at
  least one stop lamp which shall display a red to amber light visible  at
  least  five  hundred feet from the rear of the vehicle when the brake of
  such vehicle is applied.
    (b) Every motor vehicle, except a motorcycle, operated or driven  upon
  the  public  highways  of the state, if manufactured on or after January
  first, nineteen hundred fifty-two, shall be equipped with at  least  two
  stop lamps, one on each side, each of which shall display a red to amber
  light  visible  at  least five hundred feet from the rear of the vehicle
  when the brake of such vehicle is applied.
    41. Colored and flashing lights. The provisions  of  this  subdivision
  shall  govern the affixing and display of lights on vehicles, other than
  those lights required by law. 1. No light, other than a white light, and
  no revolving, rotating, flashing, oscillating or constantly moving white
  light shall be affixed  to,  or  displayed  on  any  vehicle  except  as
  prescribed herein.
    2. Red lights and certain white lights. 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,  may  be
  affixed  to  an  authorized  emergency  vehicle,  and such lights may be
  displayed on an  authorized  emergency  vehicle  when  such  vehicle  is
  engaged  in  an  emergency  operation,  and  upon  a  fire vehicle while
  returning from an alarm of fire or other emergency.
    3. Amber lights. a. One or more amber  lights  may  be  affixed  to  a
  hazard  vehicle, and such a light or lights which display an amber light
  visible to all approaching traffic under normal  atmospheric  conditions
  from  a  distance  of  five  hundred  feet  from  such  vehicle shall be
  displayed on a  hazard  vehicle  when  such  vehicle  is  engaged  in  a
  hazardous  operation.   Such light or lights shall not be required to be
  displayed during daylight hours provided at least two red flags  visible
  from  a distance of five hundred feet are placed both in or on the front
  of, and to or on the rear of the vehicle and two such flags  are  placed
  to  each  side of the vehicle open to traffic. Such lights or flags need
  not be displayed on the  vehicle  when  the  vehicle  is  operating,  or
  parked,  within  a  barricaded  work  area  and said lights or flags are
  displayed on the barricade. The provisions of this subdivision shall not
  prohibit the temporary affixing and display of an amber light to be used
  as a warning on a disabled motor vehicle or on a motor vehicle while  it
  is  stopped  on  a  highway  while  engaged  in an operation which would
  restrict, impede or interfere with the normal flow of traffic.
    b. In any city in this state having a population  of  one  million  or
  more,  one  amber  light  may  be  affixed to any motor vehicle owned or
  operated by a volunteer member of a civilian or  crime  patrol  provided
  such  volunteer  civilian  or crime patrol member has been authorized in
  writing to so affix an amber light by the  police  commissioner  of  the
  municipality  in  which he patrols, which authorization shall be subject
  to revocation at any time by the police commissioner who issued the same
  or his successor in office. Such amber light may  be  operated  by  such
  volunteer  civilian  or  crime patrol member in such a vehicle only when
  engaged in a patrol operation as defined and  authorized  by  rules  and
  regulations  promulgated  by  the police commissioner and only in such a
  manner and at such times as may be authorized by the police commissioner
  pursuant to said rules and regulations.
   4. Blue light. a. One blue light may be affixed to any  motor  vehicle
  owned  by  a volunteer member of a fire department or on a motor vehicle
  owned by a member of such person's family residing in the same household
  or by a business enterprise in  which  such  person  has  a  proprietary
  interest  or  by  which  he  or she is employed, provided such volunteer
  firefighter has been authorized in writing to so affix a blue  light  by
  the  chief  of  the  fire  department or company of which he or she is a
  member, which authorization shall be subject to revocation at  any  time
  by the chief who issued the same or his or her successor in office. Such
  blue light may be displayed exclusively by such volunteer firefighter on
  such  a  vehicle only when engaged in an emergency operation. The use of
  blue lights on vehicles shall be restricted for use only by a  volunteer
  firefighter  except  as otherwise provided for in subparagraph b of this
  paragraph.
    b. In addition to the red and white lights authorized to be  displayed
  pursuant  to  paragraph two of this subdivision, one or more blue lights
  or combination blue and red lights or combination blue,  red  and  white
  lights  may  be  affixed  to  a police vehicle, fire vehicle, ambulance,
  emergency  ambulance  service  vehicle,  and  county  emergency  medical
  services  vehicle  provided  that  such  blue  light  or lights shall be
  displayed on  a  police  vehicle,  fire  vehicle,  ambulance,  emergency
  ambulance service vehicle, and county emergency medical services vehicle
  for  rear projection only. In the event that the trunk or rear gate of a
  police vehicle, fire vehicle,  ambulance,  emergency  ambulance  service
  vehicle,  and  county  emergency  medical  services vehicle obstructs or
  diminishes the visibility of other emergency lighting on such  vehicles,
  a  blue  light may be affixed to and displayed from the trunk, rear gate
  or interior of such vehicles. Such lights may be displayed on  a  police
  vehicle,  fire  vehicle, ambulance, emergency ambulance service vehicle,
  and county emergency medical services vehicle  when  such  vehicles  are
  engaged   in   an   emergency   operation.  Nothing  contained  in  this
  subparagraph shall be deemed to authorize the  use  of  blue  lights  on
  police  vehicles, fire vehicles, ambulances, emergency ambulance service
  vehicles, and county emergency medical  services  vehicles  unless  such
  vehicles  also  display  one  or  more  red or combination red and white
  lights as otherwise authorized in this subdivision.
    c. The commissioner is authorized to promulgate rules and  regulations
  relating  to  the  use, placement, power and display of blue lights on a
  police vehicle and fire vehicle.
    5. Green light. One green light may be affixed to  any  motor  vehicle
  owned  by  a  member  of  a  volunteer  ambulance service, or on a motor
  vehicle owned by a member of such person's  family,  or  by  a  business
  enterprise  in  which such person has a proprietary interest or by which
  he is employed, provided such member has been authorized in  writing  to
  so  affix  a  green  light  by  the  chief  officer  of  such service as
  designated by the members thereof. Such green  light  may  be  displayed
  exclusively  by  such  member of a volunteer ambulance service only when
  engaged in an emergency operation. The use of green lights  on  vehicles
  shall  be  restricted  for use only by a member of a volunteer ambulance
  service as provided for in this paragraph.
    As used in this paragraph volunteer  ambulance  service  means:  a.  a
  non-profit  membership  corporation  (other  than  a  fire  corporation)
  incorporated under or  subject  to  the  provisions  of  the  membership
  corporations   law,  or  any  other  law,  operating  its  ambulance  or
  ambulances on a non-profit basis for  the  convenience  of  the  members
  thereof  and their families or of the community or under a contract with
  a county,  city,  town  or  village  pursuant  to  section  one  hundred
  twenty-two-b of the general municipal law; or
    b. an unincorporated association of persons operating its ambulance or
  ambulances  on a non-profit basis for the convenience of the members and
  their families or of the community.
    6. The commissioner  is  authorized  to  promulgate  regulations  with
  respect  to the affixing and display of colored lights and to promulgate
  specifications with respect to such lights.
    7.   The  provisions  of  this  subdivision  forty-one  shall  not  be
  applicable to vehicles from other states or from the Dominion of  Canada
  which  have  entered  this state to render police, fire or civil defense
  aid, or ambulance service, while such vehicles are here or are returning
  to their home stations if the lights on such vehicles  comply  with  the
  laws of their home states or the Dominion of Canada and are displayed in
  this  state  in  the  same  manner permitted by their home states or the
  Dominion of  Canada,  nor  shall  the  provisions  of  this  subdivision
  forty-one  be  deemed  to  amend,  supersede or in any manner affect the
  provisions of the New York state defense emergency act as now  in  force
  or as it may be amended from time to time.
    8.  The  provisions of this subdivision shall not be applicable to the
  driver of a vehicle from another state  or  foreign  jurisdiction  which
  vehicle   has  colored  lights  affixed  but  not  revolving,  rotating,
  flashing, oscillating or constantly moving if the lights on such vehicle
  comply with the laws of the state or home foreign jurisdiction in  which
  the vehicle is registered.
    42. Every motor vehicle registered in this state which is manufactured
  or  assembled  on  or after September first, nineteen hundred eighty and
  operated or driven upon the highways of the state shall be equipped with
  a speedometer device which is capable of measuring  the  speed  of  such
  vehicle and displaying the same in miles per hour.
    43.  No  dealer shall sell a motor vehicle or a trailer which is to be
  registered in this state unless such motor vehicle or  trailer  has  all
  the  equipment  required  for  operation  on the public highways of this
  state.
    44. Driver education vehicles. Any motor vehicle used for the  purpose
  of  driving instruction for hire or for driver education by a school and
  being operated by a person receiving such instruction or education shall
  bear identification, visible to both oncoming and following traffic,  to
  indicate  that  the  vehicle  is  being  driven by a student driver. The
  commissioner may establish standards for such identification.
    45. Hydrocarbon gas powered vehicles. It shall be unlawful to  operate
  upon  any  public  highway  or street in this state a motor vehicle that
  uses hydrocarbon gas as its primary or secondary fuel supply, unless the
  motor vehicle conspicuously displays a reflective  placard  designed  to
  alert  emergency  personnel to the extraordinary hazards which may arise
  from proximity with this fuel. The commissioner  shall,  in  cooperation
  with  the  state  fire  administrator,  establish  regulations as to the
  location and design of this warning placard.
    46. Tamper-resistant odometers or speedometers. It shall  be  unlawful
  after  July  first,  nineteen  hundred  ninety-one for any person, firm,
  association or corporation to sell or offer for sale in this state a new
  motor vehicle which is to be registered in  this  state  and  which  was
  manufactured  or  assembled  on  or  after  such date, and designed as a
  nineteen hundred ninety-two or  later  model,  unless  such  vehicle  is
  equipped  with  a tamper-resistant odometer or speedometer designed with
  the intent to reduce the  likelihood  of  unlawful  tampering  with  the
  mileage reading thereon.
    The  commissioner shall promulgate such rules and regulations relative
  to tamper-resistant odometers and speedometers on motor vehicles and the
  approval of the same as are not  inconsistent  with  the  provisions  of
  federal  law,  if any, relating thereto. Such rules shall, at a minimum,
  require odometers and speedometers which indicate mileage with a minimum
  of six digits exclusive of digits indicating fractions of a  mile.  This
  section shall not apply to motorcycles.
    47.  (a) It shall be unlawful for any person to operate or cause to be
  operated, an audio amplification system which is operated in,  installed
  in  or powered by a vehicle which generates an A-weighted sound level in
  excess of seventy dB (A) measured at, or  adjusted  to,  a  distance  of
  twenty-five  feet  from the vehicle which is driven, standing, or parked
  on a public highway, or within one hundred  feet  of  a  public  highway
  unless  that system is being operated to request assistance or warn of a
  hazardous  situation.  This  section  shall  not  apply  to   authorized
  emergency vehicles or vehicles operated by gas, electric, communications
  or water utilities. This section shall not apply to the sound systems of
  vehicles used for advertising, or in parades, political or other special
  events, except that the use of sound systems on those motor vehicles may
  be prohibited by a local authority by ordinance or local law.
    (b)  Any  person  convicted of a violation of this section shall for a
  first conviction thereof be punished by a fine  of  up  to  one  hundred
  fifty  dollars;  for  a  conviction of a second violation, both of which
  were committed within a period of eighteen months, such person shall  be
  guilty  of  a  traffic infraction and shall be punished by a fine of not
  less than one hundred fifty dollars and  not  more  than  three  hundred
  dollars;  upon  conviction  of  a  third or subsequent violation, all of
  which were committed within a period of  eighteen  months,  such  person
  shall  be guilty of a traffic infraction and shall be punished by a fine
  of not less than three hundred seventy-five dollars and  not  more  than
  seven hundred fifty dollars.
    48.  Bumpers  or  similar  devices.  (a)  For  the  purposes  of  this
  subdivision, the following terms shall have the following meanings:
    (i) Bumper. A system, the primary function  of  which  is  to  provide
  protection  against  damage affecting front or rear external lamps, body
  parts and vehicle occupants during low speed impacts.
    (ii) Passenger car. A motor vehicle  whose  body  style  is  a  sedan,
  hardtop,  coupe,  convertible, station wagon or hatchback but not a van,
  minivan, multipurpose passenger vehicle, truck, tractor,  motorcycle  or
  bus.
    (b)  No  person  shall  operate a passenger car registered in New York
  unless it is equipped with both a front and rear bumper,  each  securely
  fastened and with some part of the bumper located between sixteen inches
  and  twenty inches above the ground. This provision shall not apply to a
  vehicle registered as an historical vehicle.
    (c) Except insofar as paragraph (b) of this subdivision  shall  apply,
  no person shall operate a motor vehicle designated as a nineteen hundred
  ninety  or  newer model year vehicle, which is registered in this state,
  except a motorcycle or special  purpose  commercial  vehicle  registered
  under  schedule  F  of  subdivision seven of section four hundred one of
  this chapter, which is so constructed that the body has a  clearance  at
  the  front  end  of  more than thirty inches from the ground when empty,
  unless the front end of the vehicle is equipped with bumpers or  devices
  serving  similar purposes which shall be so constructed and located that
  (i) some part of the bumpers or devices must be at least sixteen but not
  more than thirty inches above the ground with the  vehicle  empty;  (ii)
  the  maximum  distance  between  the  closest  points between bumpers or
  devices, if more than one is used, shall not exceed twenty-four  inches;
  (iii)  the maximum transverse distance from the widest part of the motor
  vehicle at the front to the bumper or device shall not  exceed  eighteen
  inches;   and  (iv)  the  bumpers  or  devices  shall  be  substantially
  constructed  and  firmly  attached.  A  motor  vehicle  constructed  and
  maintained  so  that  the  body,  chassis, or other parts of the vehicle
  afford the front end protection contemplated shall be deemed  to  be  in
  compliance with this section.
    (d)  Except  insofar as paragraph (b) of this subdivision shall apply,
  no person shall operate a motor vehicle or a  combination  of  vehicles,
  designated  as  a  nineteen  hundred ninety or newer model year vehicle,
  except  a  tractor,  pole  trailer,  vehicle  engaged  in   saddle-mount
  operation,  motorcycle  or special purpose commercial vehicle registered
  under schedule F of subdivision seven of section  four  hundred  one  of
  this  chapter,  if  the  motor  vehicle is registered in this state, and
  which is so constructed that the body, or the chassis  assembly  without
  the  body,  has  a  clearance at the rear end of more than thirty inches
  from the ground when empty, unless  the  rear  end  of  the  vehicle  or
  combination  of  vehicles  is  equipped  with bumpers or devices serving
  similar purposes which shall be so constructed  and  located  that:  (i)
  some  part  of  the  bumpers or devices must be at least sixteen but not
  more than thirty inches above the ground with the  vehicle  empty;  (ii)
  the  maximum  distance  between  the  closest points between bumpers, or
  devices, if more than one is used, shall not exceed twenty-four  inches;
  (iii)  the maximum transverse distance from the widest part of the motor
  vehicle at the rear to the bumper or device shall  not  exceed  eighteen
  inches;  (iv)  the  bumpers  or  devices  shall be located not more than
  twenty-four inches forward of the extreme rear of the vehicle;  and  (v)
  the  bumpers  or  devices  shall be substantially constructed and firmly
  attached. Motor vehicles constructed and maintained so  that  the  body,
  chassis,  or  other  parts of the vehicle afford the rear end protection
  contemplated shall be deemed to be in compliance with this section.
    49. Truck warning lights.  (a) Every truck registered  in  this  state
  and  manufactured  or  assembled after September first, nineteen hundred
  ninety-two, which has a  bed  capable  of  being  tilted  or  lifted  by
  controls  that  are  located  within  the cab of such truck and which is
  operated upon any public highway  or  street  in  this  state  shall  be
  equipped  with a warning light in its cab that is activated whenever the
  bed of the truck is elevated.
    (b) Every  tractor  registered  in  this  state  and  manufactured  or
  assembled after September first, nineteen hundred ninety-three, which is
  used  primarily  for  the towing of a trailer capable of being tilted or
  lifted and which is operated upon any public highway or street  in  this
  state  shall  be  equipped  with  a  warning  light  in  its cab that is
  activated whenever the trailer is elevated.
    50. Taxicab partitions and shields. Every taxicab registered  in  this
  state  and  registered  or  licensed  by  a  city,  town  or  village of
  seventy-five thousand persons or more pursuant to  section  one  hundred
  eighty-one  of  the  general  municipal  law  shall be equipped with (a)
  partitions or shields made of plexiglass or other shatterproof  material
  located between and effectively separating the front and rear seats, and
  (b)  amber  colored  distress  lights, mounted on and clearly visible to
  passersby from the front and rear of  the  taxicab;  provided,  however,
  that  the  requirements  of this subdivision shall not apply to taxicabs
  registered or licensed by such city, town or village which elects not to
  be subjected to the requirements of this subdivision pursuant to a  duly
  enacted or adopted local law, ordinance or regulation. Nothing contained
  herein  shall  be  construed  to  restrict  the power of a city, town or
  village which elects not to be  subject  to  the  requirements  of  this
  subdivision  to  adopt  or  enforce a local law, ordinance or regulation
  regarding the use of taxicab partitions and distress lights.
    51.  Taxicab  and  livery  notices.  (a)  Every  taxicab  and   livery
  registered in this state shall have posted therein the following notice:
  "Seatbelts must be available for your use. Please buckle up."
    (b)  The  notices  required  to be posted pursuant to paragraph (a) of
  this subdivision shall be posted in a manner legible and conspicuous  to
  passengers in all seating positions of such vehicles.

 S 375-a. Prohibition  against  retaliatory action. 1. Definitions. For
  purposes of this section:
    (a) "Employee" means an individual who is a driver or  operator  of  a
  motor  vehicle  which  has a registered maximum gross weight of eighteen
  thousand pounds or more and performs services for and under the  control
  and direction of an employer for wages or other remuneration.
    (b) "Employer" means any registered owner of a motor vehicle which has
  a registered maximum gross weight of eighteen thousand pounds or more or
  any  person, firm, partnership, institution, corporation, or association
  that employs one or more employees as herein defined.
    (c) "Retaliatory personnel action" means the discharge, suspension  or
  demotion  of  an  employee,  or  other  adverse  employment action taken
  against an employee in the terms and conditions of employment.
    2. Prohibition. An employer shall not take any  retaliatory  personnel
  action  against  an employee because the employee objected to or refused
  to operate a motor vehicle which the employee reasonably believes  fails
  to  comply  with  the  provisions  of  subdivision  one, insofar as such
  subdivision concerns brakes and steering  mechanism,  paragraph  (a)  of
  subdivision  two,  paragraph a of subdivision ten, subdivision eighteen,
  eighteen-a,  twenty-five,  paragraph  (c)  of  subdivision  thirty-five,
  thirty-nine,  forty  or forty-two of section three hundred seventy-five,
  or section three hundred seventy-six or section three  hundred  eighty-a
  of  this  chapter  relating to required equipment of such vehicle or its
  proper repair.
    3. Application.  The  protection  against  any  retaliatory  personnel
  action  found  in subdivision two of this section shall apply only to an
  employee who has brought the  above  mentioned  violations  of  sections
  three  hundred  seventy-five,  three  hundred  seventy-six  and/or three
  hundred eighty-a to the attention of his employer  in  writing  and  has
  afforded   such  employer  a  reasonable  opportunity  to  correct  such
  violation.
    4. Violation;  remedy.  An  employee  who  has  been  subjected  to  a
  retaliatory  personnel action in violation of this section may institute
  a civil action in a court of competent jurisdiction for  relief  as  set
  forth  in  subdivision  five of section seven hundred forty of the labor
  law within one year after the alleged retaliatory personnel  action  was
  taken. The commissioner or his agent may deny a registration application
  of any other person for the same vehicle where he has reasonable grounds
  to  believe that such registration will have the effect of defeating the
  purpose of this subdivision.
    5. Existing rights.  Nothing  in  this  section  shall  be  deemed  to
  diminish  the  rights, privileges, or remedies of any employee under any
  collective bargaining agreement or employment contract.

 S 376. Lamps,  signaling devices and reflectors on vehicles. 1. (a) It
  shall be unlawful  to  operate,  drive  or  park  a  vehicle,  except  a
  motorcycle  operated during the period from one-half hour before sunrise
  to one-half hour after sunset, on any public highway or street  in  this
  state  at  any  time  during  the  day  or  night unless such vehicle is
  equipped with signaling devices and reflectors of a type approved by the
  commissioner which are in good working condition; or to  operate,  drive
  or  park a vehicle, except a motorcycle, on any public highway or street
  in this state, during the period from  one-half  hour  after  sunset  to
  one-half hour before sunrise, unless such vehicle is equipped with lamps
  of  a  type  approved  by the commissioner which are lighted and in good
  working  condition;  or  to  operate,  drive  or   park   self-propelled
  agricultural  equipment  on  any public highway or street in this state,
  during the period from one-half  hour  after  sunset  to  one-half  hour
  before  sunrise and during such other times as visibility for a distance
  of one thousand feet ahead of or behind such agricultural  equipment  is
  not  clear, unless such agricultural equipment is equipped with lamps of
  a type approved by the  commissioner  which  are  lighted  and  in  good
  working condition.
    (b)  The  commissioner  of  motor  vehicles  is  hereby authorized and
  empowered to promulgate rules and regulations  with  respect  to  lamps,
  reflectors   and   signaling   devices,   their  number,  type,  design,
  construction, location, attachment and use  on  vehicles  being  driven,
  operated  or  parked  on  any public highway or street in this state. In
  promulgating such rules and regulations the commissioner shall be guided
  by the requirements with regard to lights, reflectors, signaling devices
  and  associated  equipment  on  vehicles  of   rules   and   regulations
  promulgated by the United States department of transportation.
    2.  Wiring used on commercial vehicles shall be of such size that when
  all connections are made in an acceptable  and  workmanlike  manner  the
  loss  in  voltage will not be sufficient to cause a lamp to produce less
  than the minimum candlepower, under normal  operating  conditions,  when
  the  lamp  is  in  good  working order. All wiring should be enclosed in
  weather proof and abrasion proof cable or conduit except wiring which is
  completely enclosed within the body of the vehicle.
    3. All lights, signals and reflectors shall be of a  type  and  design
  approved  by  the  commissioner. No light having a candlepower rating in
  excess of thirty-two candle power shall be used on any  vehicle,  unless
  it  is of a type approved by the commissioner. The provisions of section
  three hundred seventy-five of this chapter  governing  the  approval  of
  equipment  and  the adjustment of headlamps shall apply to the equipment
  and headlamps required by  this  section.  The  commissioner  is  hereby
  authorized  and  empowered  to  adopt  and  from time to time amend such
  regulations not inconsistent with  this  section,  governing  the  size,
  type, construction, location, and use of lights, signals and reflectors,
  including  the  exemption  of specific vehicles from the requirements of
  this section where the construction of such  vehicles  makes  compliance
  herewith impracticable, or impossible.
    4.  All  existing  provisions  of  this  chapter  governing the use of
  headlamps, front parking lamps and license plate lamps and other  lamps,
  reflectors, lights and directional signals on vehicles shall continue to
  apply,  except  to  the  extent  irreconcilably  inconsistent  with  the
  provisions of this section or regulations promulgated thereunder.

  S 376-a. Defective equipment.  1. If any vehicle is driven or operated
  on  a  public  highway  in  violation  of any provision of section three
  hundred  seventy-five,  three  hundred  seventy-six  or  three   hundred
  eighty-one  of this article relating to required equipment or its proper
  repair and adjustment,  other  than  a  provision  relating  to  service
  brakes,  any  police  officer shall be authorized to take such action as
  may be required or permitted by the provisions of this section.
    2. If the vehicle is being operated or  driven  in  violation  of  the
  provisions  of  this  chapter  relating  to  the use or proper repair or
  adjustment of headlamps, and there is not  in  operation  at  least  one
  headlamp  lighted  and  adjusted  as required by law, such officer shall
  issue a summons for such violation  and  shall  order  the  operator  to
  remove  such vehicle from the highway. In such event, such vehicle shall
  not again be driven or operated until such time as the  vehicle  can  be
  driven or operated without being in violation of such provisions.
    3.  If  the  vehicle  is  being driven or operated in violation of any
  provisions  of  section  three  hundred  seventy-five,   three   hundred
  seventy-six  or  three  hundred  eighty-one  of this article relating to
  required equipment, except a violation described in subdivision  two  of
  this   section,   subdivision   forty-seven  of  section  three  hundred
  seventy-five of this article, and except a violation relating to service
  brakes, such officer shall issue a summons, provided,  however,  that  a
  summons  shall not be issued if, in the discretion and at the request of
  such officer, the defect is corrected in the presence of  such  officer.
  The  refusal  of  a police officer to permit the repair of any defect in
  his presence shall not be reviewable, and shall not be a defense to  any
  violation charged in a summons issued pursuant to the provisions of this
  subdivision.
    4.  Any  complaint  issued  for any violation of section three hundred
  seventy-five, three hundred seventy-six or three hundred  eighty-one  of
  this   article  relative  to  required  equipment,  except  a  violation
  described in subdivision two of this section, subdivision forty-seven of
  section three hundred seventy-five of this article,  and  except  for  a
  violation  relating  to  service brakes, shall be dismissed by the court
  before which the summons is returnable if the violation as set forth  in
  the  summons  is  corrected not later than one-half hour after sunset on
  the first full business day after the issuance of the summons and  proof
  of  such  correction as set forth in subdivision five of this section is
  submitted to the court. For the purposes of this subdivision,  "business
  day"  shall  mean  any  calendar  day  except  Sunday,  or the following
  business holidays: New Year's Day, Washington's Birthday, Memorial  Day,
  Independence  Day,  Labor Day, Columbus Day, Veterans' Day, Thanksgiving
  Day, and Christmas Day.
    5. (a) Acceptable proof of  repair  or  adjustment  shall  consist  of
  submission  to  the  court  on  or before the return date of the summons
  either:
    (i) a statement of correction  from  an  officially  designated  state
  inspection station duly executed by the person performing or making such
  inspection  and  bearing  the  facility  number  of the state inspection
  station, or
    (ii) a statement of correction from an automobile repair shop  on  the
  letterhead  of such repair shop duly executed by the person who made the
  correction, or
    (iii) a statement of correction from any registrant having  more  than
  twenty-five  vehicles  registered and having a fleet maintenance program
  administered by the registrant, duly executed by the  person  performing
  or  making  such  correction  and countersigned by the fleet maintenance
  supervisor, or
    (iv) a signed statement of  any  police  officer  that  the  necessary
  corrections have been made, or
    (v)  evidence  acceptable  to the court from any person that he or she
  completed the repair together with proof of purchase  of  the  equipment
  needed for the repair, or
    (vi)  in the discretion of the court, submission of the vehicle to the
  court for inspection not later than one-half hour after the next ensuing
  sunset.
    (b) The statement required by this subdivision shall  be  directed  to
  the  court  having  jurisdiction  of  the  alleged  violation,  shall be
  affirmed as true under penalty of perjury, and shall include:
    (i) the name,  occupation  and  position  of  the  person  making  the
  statement;
    (ii) the time and date that the repairs or inspection were made; and
    (iii)  a  statement that the defective equipment, cited in the summons
  or information, on the vehicle in question, is in proper working order.
    6. The provisions of this section shall not be construed to affect any
  cause of action or the rights or liabilities of any person with  respect
  to  damages  or injuries caused or suffered as a result of the operation
  of a motor vehicle.

  S 377. Vehicles engaged in the transportation of logs and other
  materials.  1. No vehicle which is designed or used for the  purpose  of
  hauling  logs or other materials which by their very nature may shift or
  roll so as to be likely to fall from such vehicle, shall be operated  or
  moved  over  any  highway  unless  its load is securely fastened by such
  safety chains, cables or other  suitable  devices  as  will  effectively
  prevent  the  shifting or falling of such load or any part thereof, from
  the vehicle.
    2.  The  commissioner  is  authorized  to  make  necessary  rules  and
  regulations  to  carry  into  effect  the  provisions  of  this section,
  applying such provisions to specific conditions and  prescribing  means,
  methods  and  practices  to  effectuate such provisions. Before any such
  rule or regulation is adopted, amended or  repealed  there  shall  be  a
  public  hearing  thereon,  notice  of  which shall be published at least
  once, not less than ten days prior thereto, in  such  newspaper  as  the
  commissioner may prescribe.
    3. A violation of any of the provisions of this section or of any rule
  or  regulation  promulgated  hereunder  shall  constitute  a misdemeanor
  punishable by a fine of not more than one hundred dollars  for  a  first
  offense,  three  hundred  fifty  dollars  for a second offense, or seven
  hundred fifty dollars for each subsequent offense,  or  by  imprisonment
  for not more than thirty days, or by both such fine and imprisonment.

  S 378. Additional  safety  requirements  for  commercial  vehicles and
  vehicles transporting  hazardous  materials.  1.    Motor  vehicles  and
  trailers  operated  pursuant to or requiring a certificate or permit for
  the  transportation  of  property  or  hazardous  materials   from   the
  interstate commerce commission or the commissioner of transportation and
  all  other  motor  vehicles  and  trailers  operated  for the commercial
  transportation of property or hazardous materials, in addition to  being
  subject  to  the  provisions of this chapter and regulations promulgated
  thereunder, are also subject to the provisions of  section  one  hundred
  forty  of  the  transportation  law  and  safety  rules  and regulations
  promulgated thereunder.
    2. Vehicles transporting hazardous materials,  in  addition  to  being
  subject  to  the  provisions of this chapter and regulations promulgated
  thereunder are also subject to the provisions of section  fourteen-f  of
  the transportation law and rules and regulations promulgated thereunder.
    3.  Whenever  a  vehicle  is  in  violation of a provision of both the
  vehicle and traffic law and section fourteen-f or  section  one  hundred
  forty  of  the  transportation  law  or  safety  rules  and  regulations
  promulgated thereunder, if the offenses arise from the same incident and
  the elements of both offenses are substantially the  same,  the  alleged
  violator  shall  be  charged  only  with  the appropriate offense of the
  transportation law.

   S 380-a. Certain  vehicles  engaged  in  the  transportation  of loose
  cargo.  1. It shall be unlawful to operate on  any  public  highway  any
  open truck or trailer being utilized for the transportation of any loose
  substances, unless said truck or trailer has a cover, tarpaulin or other
  device  of  a  type  and  specification  approved by the commissioner of
  transportation which completely closes in the opening on the said  truck
  or  trailer  while  said truck or trailer shall be so operated, so as to
  prevent the falling of any such substances therefrom.   However, if  the
  load is arranged so that no loose substance can fall from or blow out of
  such truck, the covering is not necessary.
    2.  The commissioner of transportation is authorized to make necessary
  rules and regulations to  carry  into  effect  the  provisions  of  this
  section,  applying  such provisions to specific conditions and loads and
  prescribing means, methods and practices to effectuate such provisions.
    3. The provisions of this section shall not apply to  motor  vehicles,
  trailers  and  semitrailers  conveying  "farm  products"  as  defined in
  section two of the agriculture and markets law.

  S 381. Motorcycle  equipment. 1. (a) Every motorcycle, driven upon the
  public highways of this state, shall be provided with adequate brakes in
  good working order and sufficient to  control  such  motorcycle  at  all
  times,  when  the  same is in use, a suitable and adequate bell, horn or
  other device for signaling, one  red  to  amber  stop  lamp  and  shall,
  whenever  such  motorcycle is being operated upon the public highways of
  the state, display one lighted lamp in front and one on  the  rear,  or,
  when  such  motorcycle  is  operated  with  a  passenger  or other truck
  attached to the side or front two such lamps on the front and one on the
  rear; and in all cases the lamps on a motorcycle  shall  include  a  red
  light visible from the rear. The rays of such rear lamp shall shine upon
  the  number  plate carried on the rear of such motorcycle in such manner
  as to render the numerals thereon visible for at least fifty feet in the
  direction from which the motorcycle is  proceeding.  The  light  of  the
  front  lamp  or  lamps shall be visible at least two hundred feet in the
  direction in which the motorcycle is proceeding. Every  such  motorcycle
  shall  have  a  suitable  muffler or device to prevent unnecessary noise
  from exhaust gases, and the use of so-called "cut-outs" is prohibited.
    (b) Driving a motorcycle without the display of one  lighted  lamp  in
  front and one on the rear, during a period other than from one-half hour
  after  sunset  to  one-half  hour before sunrise, shall not be deemed to
  constitute negligence  or  contributory  negligence  in  any  action  or
  proceeding arising out of the operation of such motorcycle.
    (c)  The provisions of this subdivision relating to the display of one
  lighted lamp in front and one on the rear during  a  period  other  than
  from  one-half  hour  after sunset to one-half hour before sunrise shall
  not apply to a motorcycle, driven at a speed of less than  twenty  miles
  per hour, owned by a municipality and used for the collection of parking
  fees or the enforcement of parking regulations.
    1-a.  Every  motorcycle  registered  in this state and manufactured or
  assembled  after  January  first,  nineteen  hundred   seventy-one   and
  designated  as  a  nineteen hundred seventy-one or subsequent year model
  shall be equipped with brakes acting on the front as well  as  the  rear
  wheel.
    2.  No  head  lamp shall be used upon any motorcycle operated upon the
  public highways of the state,  unless  such  lamp  is  approved  by  the
  commissioner  or is equipped with a lens or other device approved by the
  commissioner. Every such head  lamp,  lens  or  other  device  shall  be
  applied  and  adjusted  in  accordance  with  the  requirements  of  the
  certificate approving the use thereof. Every such  head  lamp  shall  be
  firmly  and substantially mounted on the motorcycle in such manner as to
  allow the lamp to be properly and readily adjusted. Each reflector which
  is used as a part of such head lamp shall  have  a  polished  silver  or
  glass  reflecting  surface,  or  a reflecting surface which gives candle
  power intensity  meeting  the  requirements  of  rules  and  regulations
  established  by  the  commissioner, and shall be substantially free from
  dents, rust and other imperfections. The operator  of  every  motorcycle
  shall  permit  any  policeman, police officer or other person exercising
  police powers to inspect the equipment of such motorcycle and make  such
  tests  as  may  be necessary to determine whether the provisions of this
  section are being complied with. The commissioner  may  make  reasonable
  rules and regulations relative to lights on motorcycles and the approval
  of  the  same  which  may  be  necessary  to  effectuate  the  foregoing
  provisions of this section.
    2-a. It shall be unlawful for any person  to  operate  on  the  public
  highways  of  the  state  any motorcycle manufactured or assembled after
  October first, nineteen hundred sixty-eight and designated as a nineteen
  hundred sixty-nine or subsequent year model unless  such  motorcycle  is
  equipped  with  the lamps required by this section, which lamps shall be
  of a type, design and construction approved by the commissioner.
    3.  Except as hereinafter provided, only a white or yellow light shall
  be displayed upon a motorcycle so as to be visible from a point directly
  in front of the vehicle. Any color light, except blue, may be displayed,
  so as to be visible from a point directly in front of the vehicle, on  a
  police  vehicle  or  on  a  motorcycle  operated by a sheriff or regular
  deputy sheriff when engaged in the  performance  of  duty  as  a  police
  officer.  Any color light, including blue, may be displayed, so as to be
  visible from a point directly in front of the vehicle, on  a  motorcycle
  operated by a chief or assistant chief of a fire department, a county or
  deputy  county  fire  coordinator,  or a county or assistant county fire
  marshal. A blue light may be displayed upon a motorcycle, so  as  to  be
  visible  from a point directly in front of the vehicle, when operated by
  an active  volunteer  member  of  a  fire  department  or  company  duly
  authorized as hereinafter provided, and while such vehicle is in use for
  fire or other emergency service. No volunteer fireman shall be permitted
  to  display  a  blue  light  upon  a motorcycle as hereinbefore provided
  except while actually enroute to the scene of a fire or other  emergency
  requiring his services and unless he shall be an active volunteer member
  of  a  fire  department  or  company  and  shall have been authorized in
  writing to so display a blue light by the chief of the  fire  department
  or company of which he is a member, which authorization shall be subject
  to  revocation  at  any  time  by  the chief who issued the same, or his
  successor in office.
    4. Every motorcycle shall have at least  one  adequate  red  reflector
  securely  attached to the rear. Such reflector may be a part of the rear
  lamp. No reflector shall be deemed adequate within the meaning  of  this
  subdivision   unless   it  is  of  a  size  and  type  approved  by  the
  commissioner, and unless it is so designed, located and maintained as to
  be visible for at least two hundred feet when opposed by a motor vehicle
  displaying lawful undimmed headlights at night on an unlighted  highway.
  The  provisions  of this subdivision with respect to reflectors shall be
  applicable, both day and night, whenever the motorcycle is on  a  public
  highway.
    5.  No  person shall operate on a public highway a motorcycle on which
  the handle bars or grips are more than  the  height  of  the  operator's
  shoulders.
    6.  It  shall  be  unlawful  for  any person to operate or ride upon a
  motorcycle unless he wears a protective helmet of a type which meets the
  requirements set forth in section 571.218 of the federal  motor  vehicle
  safety  standards  as may from time to time be amended. The commissioner
  is hereby authorized and directed to adopt regulations for helmets which
  are consistent with the requirements as specified in section 571.218  of
  the  federal  motor vehicle safety standards as may from time to time be
  amended. The police authorities of a city, town or village may  issue  a
  permit  exempting  members  of  organizations  sponsoring  or conducting
  parades  or  other  public  exhibitions  from  the  provisions  of  this
  subdivision  while  such  members  are  participating in such parades or
  other public exhibitions.
    7. It shall be unlawful, on and after January first, nineteen  hundred
  sixty-seven,  for  any  person  to  operate a motorcycle unless he wears
  goggles or a face shield of a type approved  by  the  commissioner.  The
  commissioner  is  hereby  authorized  and  empowered  to adopt and amend
  regulations  covering  types  of  goggles  and  face  shields  and   the
  specifications therefor and to establish and maintain a list of approved
  goggles  and  face  shields which meet the specifications as established
  hereunder.
    8. It shall be unlawful to operate on any public highway in this state
  any motorcycle registered in this state which is equipped  with  a  wind
  screen,  unless  such  wind  screen meets the specifications established
  therefor by the commissioner. The commissioner is hereby  authorized  to
  adopt   and  amend  regulations  covering  types  of  wind  screens  and
  specifications therefor.
    9. It shall be unlawful to sell, offer  for  sale  or  distribute  any
  goggles  or  face shields for use by the operators of motorcycles unless
  they are of a type and specification approved by  the  commissioner  and
  appear on the list of approved devices maintained by the commissioner.
    9-a.  It  shall  be unlawful to sell, offer for sale or distribute any
  protective helmets for use by the operators or passengers of motorcycles
  unless they are consistent with the regulations of the  commissioner  as
  provided  in subdivision six of this section and within the requirements
  specified in  section  571.218  of  the  federal  motor  vehicle  safety
  standards as may from time to time be amended.
    10.   It   shall  be  unlawful  after  July  first,  nineteen  hundred
  sixty-seven  to  operate  on  any  public  highway  in  this  state  any
  motorcycle  registered in this state, unless such motorcycle is equipped
  with a rear view mirror which shall be adjusted so that the operator  of
  such  motorcycle  shall  have  a clear view of the road and condition of
  traffic behind such motorcycle.
    11. No person shall operate a motorcycle on any highway which is:  (1)
  not  equipped  with a muffler to prevent excessive or unusual noise; (2)
  equipped with a muffler from which the baffle plates, screens  or  other
  original  internal parts have been removed or altered; (3) equipped with
  an exhaust device without internal baffles, known as  "straight  pipes";
  or  (4)  equipped  with  an  exhaust  system that has been modified in a
  manner that will amplify or increase the noise emitted by the  motor  of
  such  vehicle  above  that  emitted  by  the  exhaust  system originally
  installed on the vehicle.
    12. No person shall operate a  motorcycle  on  any  highway  which  is
  equipped  with an exhaust device that is intentionally designed to allow
  for  the  internal  baffling  to  be  fully  or  partially  removed   or
  interchangeable.  This  subdivision  shall  not  apply  to  a motorcycle
  manufactured or assembled prior to nineteen hundred  seventy-nine  or  a
  motorcycle registered as a limited use vehicle or an all terrain vehicle
  pursuant to article forty-eight-A or forty-eight-B of this chapter.
    13.  A  violation  of  any  of the provisions of this section shall be
  punishable  by  a  fine  not  exceeding  one  hundred  dollars   or   by
  imprisonment  for  not  exceeding  thirty days, or by both such fine and
  imprisonment.

 S 382. Hydraulic brake fluid.  1. On and after January first, nineteen
  hundred  sixty  no hydraulic brake fluid shall be sold in this state for
  use in motor vehicles if such brake fluid shall  be  below  the  minimum
  standard  of  specifications  established  by the commissioner for heavy
  duty type brake fluid.
    2. On and after January first, nineteen hundred sixty  every  package,
  can  or  other  container of brake fluid sold or distributed or kept for
  sale in this state must meet such specifications; furthermore the  label
  thereof must indicate compliance with the specifications.
    3. Any person who sells, distributes or keeps brake fluid in violation
  of  any  of  the  provisions  of  this  section  shall  be  guilty  of a
  misdemeanor.

  S 382-a. Brake  linings.  1. It shall be unlawful on and after January
  first, nineteen hundred sixty-six to sell, offer for sale or  distribute
  brake  linings  for  use on motor vehicles unless they are of a type and
  specification approved by the commissioner. The commissioner  is  hereby
  authorized  and empowered to adopt and amend regulations governing types
  and specifications of brake linings that comply with approved  standards
  and  shall  establish  and  maintain  an  approved list of brake linings
  fulfilling the specifications as established herein.
    2. Any person who sells, offers for sale, distributes or  keeps  brake
  linings  in  violation of any of the provisions of this section shall be
  guilty of a misdemeanor.

  S 382-b. Service brake system.  Every motor vehicle of a passenger car
  or  station  wagon  type,  registered  in this state and manufactured or
  assembled  after  June  thirtieth,  nineteen  hundred  sixty-seven,  and
  designated  as  a  nineteen hundred sixty-eight or later model, shall be
  equipped with a service brake system of  such  design  that  rupture  or
  failure  of  an  actuating force component of any single brake shall not
  result in complete loss of braking function.  The braking  function  may
  be obtained by hydraulic or other means through the normal service brake
  mechanism.
    "Actuating  force  component"  as  used in this section shall mean the
  brake master cylinder, brake actuating cylinder, brake line, brake hose,
  or similar components performing like functions if the brake systems are
  other than hydraulic.
    In the event of rupture or failure of an  actuating  force  component,
  the  unaffected  brakes shall be capable of applying an adequate braking
  force to the vehicle.

  S 382-c. Occupant  compartments.    The commissioner may prescribe, by
  regulation, standards  consistent  with  federal  motor  vehicle  safety
  standards  specifying  requirements  for  instrument panels, seat backs,
  protrusions (including knobs, switches,  levers,  handles,  bezels,  and
  panel  contours),  sun  visors,  arm rests, steering control systems and
  other similar components of the interior of the  occupant's  compartment
  of  motor  vehicles  to  afford  impact  protection  for  occupants. The
  commissioner may limit the application of such regulations to  specified
  classes  of vehicles; provided, however, that such regulations shall not
  apply to  any  motor  vehicle  manufactured  prior  to  June  thirtieth,
  nineteen  hundred  sixty-seven.  No motor vehicle shall be registered or
  driven on the public highways of the state  unless  it  is  constructed,
  equipped  or  maintained  as  required  by  the  regulations promulgated
  pursuant to this section.

  S 383. Safety   belts   and  anchorage  assemblies.  1.  Safety  belts
  required.  No motor vehicle shall be sold or registered  in  this  state
  and  no motor vehicle registered in this state shall be operated in this
  state unless such vehicle is equipped with safety belts approved by  and
  conforming to standards established by the commissioner as follows:
    (a)  A  motor  vehicle manufactured or assembled after June thirtieth,
  nineteen hundred sixty-four and designated as a 1965 or later model,  at
  least two safety belts for the front seat;
    (b)  A  motor  vehicle manufactured or assembled after June thirtieth,
  nineteen hundred sixty-six and designated as a 1967 or later  model,  at
  least one safety belt for the rear seat for each passenger for which the
  rear seat of such vehicle was designed;
    (c)  A  motor  vehicle  manufactured  or assembled on or after January
  first, nineteen hundred sixty-eight, at least one safety belt  for  each
  passenger seat position.
    2.  Anchorage assemblies. No motor vehicle shall be sold or registered
  in this state unless such motor vehicle is  equipped  with  safety  belt
  assembly   anchorages   conforming   to  standards  established  by  the
  commissioner for each safety belt required in  such  motor  vehicle.  In
  addition,   no  motor  vehicle  manufactured  or  assembled  after  June
  thirtieth, nineteen hundred sixty-two shall be  sold  or  registered  in
  this  state  unless  such  motor  vehicle  is  equipped with safety belt
  assembly  anchorages  conforming  to  standards   established   by   the
  commissioner for two safety belts for the front seat of such vehicle.
    3.  Sale  of  safety  belts. No safety belt shall be sold for use in a
  motor vehicle, or installed in a motor vehicle unless such  safety  belt
  is   approved   by,   and  conforms  to  standards  established  by  the
  commissioner.
    4. Safety belts required in certain used motor  vehicles.  No  person,
  firm,  association  or corporation engaged in the business of selling or
  leasing used motor vehicles, shall sell or lease any used motor  vehicle
  manufactured   or  assembled  after  June  thirtieth,  nineteen  hundred
  sixty-two and designated as a 1963 or subsequent year model unless  such
  motor  vehicle  is  equipped with two safety belts for the front seat of
  such motor vehicle. This provision shall not  apply  to  motor  vehicles
  sold at wholesale or for junk.
    4-a.   Driver   seat   safety   belts   for  certain  motor  vehicles.
  Notwithstanding any other  provisions  of  this  chapter,  it  shall  be
  unlawful  for  the owner of a bus as defined in section one hundred four
  of this chapter and manufactured on or  after  January  first,  nineteen
  hundred   sixty-five  or  a  motor  vehicle  used  for  the  purpose  of
  transporting children to and from public or private  schools  to  permit
  such  vehicle  to  be  used for such purpose unless the driver's seat on
  such vehicle is  equipped  with  a  seat  safety  belt  of  a  type  and
  specifications  as  approved  by the commissioner of motor vehicles. Any
  owner who permits a motor vehicle to be  operated  without  such  safety
  belt  or  any  person who operates a motor vehicle and fails to use such
  safety belt shall be in violation of the provisions of this  subdivision
  and shall be guilty of an infraction, punishable by a fine not exceeding
  fifty dollars.
    4-b.  Taxicabs  and  liveries.  All  seat  safety belts installed in a
  taxicab or livery vehicle pursuant to  this  section  shall  be  clearly
  visible,  accessible  and  maintained in good working order, and no seat
  safety belt installed in such taxicab or livery vehicle shall be removed
  therefrom.
    5. (a) Passenger seat safety belts for school buses. Every school bus,
  as  defined  in  section  one  hundred  forty-two   of   this   chapter,
  manufactured  for  use  in  this state on and after July first, nineteen
  hundred eighty-seven, shall be designed so that all passenger  seats  on
  such vehicle are equipped with seat safety belts and increased seat back
  padding  on  passenger  seats of a type and specification as approved by
  the  commissioner  of  transportation  through the adoption of rules and
  regulations. Such rules and regulations  shall  provide  that  when  any
  contactable surface of the school bus, as specified in the Federal Motor
  Vehicle  Safety  Standard,  49 CFR Section 571.222, is impacted from any
  direction at twenty-two feet per second by  the  head  form,  the  axial
  acceleration  at  the  center  of gravity of the head form shall be such
  that the head form impact requirement shall not exceed eight hundred.
    (b) Passenger seat safety belts for existing school buses. Any  school
  bus  as  defined in section one hundred forty-two of this chapter, which
  is scheduled for retrofitting pursuant to action by a board of education
  or board of trustees under section thirty-six hundred  thirty-five-a  of
  the  education  law  shall be retrofitted so that all passenger seats on
  such vehicles are equipped with seat safety belts and additional padding
  of  a  type  and  specification  as  approved  by  the  commissioner  of
  transportation through the adoption of rules and regulations. Such rules
  and  regulations  shall provide that when any contactable surface of the
  school bus as specified in the Federal Motor  Vehicle  Safety  Standard,
  49CFR  Section 571.222 is impacted from any direction at twenty-two feet
  per second by the head form, the axial acceleration  at  the  center  of
  gravity  of  the  head  form  shall  be  such  that the head form impact
  requirement  shall  not   exceed   eight   hundred.   Furthermore,   the
  commissioner  shall  have  the  power  through  rules and regulations to
  exempt certain design school buses from retrofitting. In  granting  such
  exemptions,  the  commissioner shall consider safety factors, structural
  integrity of the school buses and any other items  deemed  necessary  to
  preserve  the  safety and welfare of the school bus passengers. Provided
  further however  that  the  commissioner  of  transportation  shall  not
  authorize  retrofitting  of  any  school bus manufactured prior to April
  first, nineteen hundred seventy-seven.
    6.  Regulations.  The  Commissioner  shall  establish  by   regulation
  standards  for  safety  belts, safety belt anchorage assemblies, and the
  installation of safety belts in motor  vehicles.  The  commissioner  may
  also  by  regulation  exclude  certain  motor vehicles or types of motor
  vehicles from the requirements of this  section.  The  commissioner  may
  prescribe the method of securing approval of safety belts.

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