NY Veh & Traf L § 1680 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 44 - Traffic-Control Devices 1680 - Department of Transportation to Maintain a Manual of Uniform Traffic-Control Devices.

§ 1680. Department  of  transportation to maintain a manual of uniform traffic-control devices. (a)  The  department  of  transportation  shall maintain   a   manual   and  specifications  for  a  uniform  system  of traffic-control devices consistent with the provisions of  this  chapter for  use  upon  highways  within  this  state. Such uniform system shall correlate with and so far as practicable conform to nationally  accepted standards.  To  the  extent  that the National Manual on Uniform Traffic Control Devices (hereinafter referred to  in  this  section  as  MUTCD), promulgated  by the Federal Highway Administration pursuant to subpart F of part 655 of Title 23 of the Code of Federal Regulations  and  subject to a public comment period under federal law, does not conflict with the provisions  of  this  chapter  and  the  provisions of other laws of the state, the  National  MUTCD  shall  constitute  such  state  manual  and specifications; provided, however, such manual and specifications may be modified  by  the  commissioner  of  transportation by the adoption of a supplement  or  supplements  as  such  commissioner  of   transportation determines warranted and in compliance with the applicable provisions of the   state   administrative   procedure   act.   The   manual  and  its specifications is adopted as the  state  standard  for  traffic  control devices  on  any street, highway, or bicycle path open to public travel. No person shall install or maintain in any area of private property used by the public any sign, signal, marking  or  other  device  intended  to regulate, warn or guide traffic unless it conforms with the state manual and  specifications  maintained  under  this  section.  Unless otherwise provided for by the adoption of a  supplement  by  the  commissioner  of transportation,  the operational practices related to emergency incident responses provided in the manual shall  apply  to  police  officers  and other  emergency responders responding to an emergency only in so far as such officers or emergency responders deem compliance  with  the  manual practicable.  (b)  No provision of this chapter shall be deemed to require that such manual contain authority for the future  installation  of  any  specific kind or type of traffic-control device or combination of traffic-control devices  which  in the judgment of the department of transportation does not conform to such nationally accepted standards.  (c) No state or local authority shall hereafter fabricate or  purchase any  traffic-control  device that does not conform to the current manual and specifications as amended from time  to  time.  No  state  or  local authority  shall  hereafter install any traffic-control device that does not conform to the current manual and  specifications  as  amended  from time  to  time,  except  that  devices  that are on order or on hand and serviceable or operable may be installed and  used  until  the  phase-in compliance  date  specified  in  the  MUTCD. No state or local authority shall continue to use any traffic-control device that does  not  conform to  the  current  manual and specifications as amended from time to time beyond the phase-in compliance date specified in the MUTCD, except  that a city having a population in excess of one million shall conform to the state  manual and specifications only insofar as such local authority in its discretion deems practicable.  (d) No person, firm, association or corporation shall sell, lease,  or offer  for sale or hire for use in this state any traffic control device that does not conform  to  the  current  manual  and  specifications  as amended  from time to time, or unless a certificate of approval has been issued by the commissioner of transportation pursuant to the  provisions of  section  five hundred ninety-nine-b of the general business law. The provisions of this subdivision shall not apply to  the  sale,  lease  or offer  for  sale  or hire to a city having a population in excess of one million.