NY Pks, Rec & Hist Pres L § 25.05 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title D - Snowmobiles Article 25 - Control Provisions 25.05 - Operation on Highways.

§  25.05 Operation on highways. It shall be unlawful for any person to drive or operate any snowmobile on a highway other than as follows:   1. Operation on thruway, interstate  highways  and  controlled  access state  highways  prohibited.  Except  in a snow emergency as so declared under the provisions of subdivision two  of  this  section,  snowmobiles shall  not be operated on the state thruway or interstate and controlled access state highways.   1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this section,  the  commissioner, with the concurrence of the commissioner of transportation, may designate for temporary snowmobile use  a  trail  or portion of a trail listed in this subdivision within the right of way of a  state route. The commissioner's designation shall include conditions, developed in consultation with the commissioner  of  transportation,  on the use of such trail by snowmobiles to provide for the safe use of such route  and  the safe operation of snowmobiles on the trail. Designations made under this subdivision shall be effective  for  no  longer  than  a period  of  one  year  and  may  be  renewed with the concurrence of the commissioner of transportation. The following trails or portions thereof may be temporarily  designated  for  snowmobile  use  pursuant  to  this subdivision:  (a)  state  route  one hundred four between the western county line of Wayne county and the northern town line  of  the  town  of  Hannibal  in Oswego county; and  (b)  state route three hundred seventy-four from the vicinity of route marker 374-7102-1331 at the intersection of state  route  three  hundred seventy-four  and state route twenty-two to the vicinity of route marker 374-7102-1250 in Cadyville near the intersection of  state  route  three hundred seventy-four and state route three.   1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the commissioner, with the concurrence of the  commissioner  of transportation,  may  designate  for  snowmobile  use a trail within the right-of-way of state route three between state route one  hundred  four in  the town of Hannibal and county route three in the town of Granby in Oswego county. The commissioner's designation shall include  conditions, developed  in  consultation  with the commissioner of transportation, on the use of such trail by snowmobiles to provide  for  the  safe  use  of state  route  three  and the safe operation of snowmobiles on the trail. Designations made under this  subdivision  shall  be  effective  for  no longer than a period of one year and may be renewed with the concurrence of the commissioner of transportation.   1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the commissioner, with the concurrence of the  commissioner  of transportation,  may  designate  for  snowmobile  use a trail within the right-of-way of state route eight in the town  of  Deerfield  in  Oneida county  between  mile marker/area locations route marker 8-2607-3237 and route marker 8-2607-3260. The commissioner's designation  shall  include conditions,   developed   in   consultation  with  the  commissioner  of transportation, on the use of such trail by snowmobiles to  provide  for the  safe use of state route eight and the safe operation of snowmobiles on  the  trail.  Designations  made  under  this  subdivision  shall  be effective  for  no  longer  than a period of one year and may be renewed with the concurrence of the commissioner of transportation.   1-d.  Notwithstanding  the  provisions  of  subdivision  one  of  this section,  the  commissioner, with the concurrence of the commissioner of transportation, may designate for snowmobile  use  a  trail  within  the right-of-way  of  state  route twelve in the town of Boonville in Oneida county between reference marker  12-2604-3212  and  12-2604-3213  and  a trail within the right-of-way of state route twenty-eight in the town of  Boonville  in  Oneida  county  between reference marker 28-2607-1142 and 28-2607-1143. The commissioner's designation shall  include  conditions, developed  in  consultation  with the commissioner of transportation, on the  use  of  such  trails by snowmobiles to provide for the safe use of state route twelve and state route twenty-eight and the  safe  operation of  snowmobiles  on the trails. Designations made under this subdivision shall be effective for no longer than a period of one year  and  may  be renewed with the concurrence of the commissioner of transportation.   2.  Emergencies.  (a)  In  an  emergency, for the purpose of emergency travel only, during the period of time when and at locations where  snow upon  the  highways  renders travel by motor vehicles impractical, as so declared and permitted in the case of the state thruway by  the  thruway authority,  in  the  case of other state highways by the state agency or authority having jurisdiction to regulate traffic thereon,  and  in  the case   of   other  highways  by  the  chief  executive  officer  of  the municipality having jurisdiction over such highways.  (b) A snowmobile may also be operated on a highway otherwise closed to snowmobile travel in emergency situations when the specific travel for a specific purpose is authorized or directed by a peace or police officer, or a highway superintendent or executive officer of a county, town, city or village.   3. Highway crossings. On highways other than the  thruway,  interstate highways  and  controlled access highways, snowmobiles may take a direct crossing at any time of the day provided:  (a) The crossing is made at an angle of approximately  ninety  degrees to  the  direction  of  the  highway and at a place where no obstruction prevents a quick and safe crossing; and  (b) The snowmobile is brought to a complete stop before  crossing  the shoulder or main traveled way of the highway; and  (c)  The  driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and   4. Culverts and bridges. Snowmobiles may be operated on highways other than the  thruway,  interstate  and  controlled  access  highways,  when necessary to cross a bridge or culvert.   5.  Unplowed  highways.  Snowmobiles  may be operated on county, town, city or village highways, or portions thereof, during the  periods  when and  at  locations  where the highway is customarily unplowed and unused during the winter months for vehicle travel. The  governing  body  of  a county, town, city or village shall designate those highways or portions thereof which are so customarily unplowed.   6.  Outside  banks. On highways other than the thruway, interstate and controlled access highways, snowmobiles may be operated on  the  outside banks.   7.  Highways  designated  by governmental agencies. Snowmobiles may be operated on the following portions of highways, other than the  thruway, interstate highways or controlled access state highways, which have been designated and posted as provided in section 25.09.  (a)  Shoulders  and inside banks. On the shoulders and inside banks of such highways or portions thereof so designated;  (b) Roadways. On roadways of such highways or portions thereof in case the outside banks or shoulders are determined by the governmental agency to be impassable or non-existent by reason of prevailing snow conditions or conditions of terrain;  (c) Access areas. On such highways, for a distance of  not  to  exceed five  hundred yards when in the determination of the governmental agency concerned it is otherwise impossible for snowmobiles to gain  access  to areas or trails adjacent to the highway, for the purpose only of gaining access to and from the areas of operation.    8.  Limitation  on highway operation. (a) No person shall so operate a snowmobile on any highway, when otherwise permitted, between sunset  and sunrise  except  on  the right side of such right of way and in the same direction as the highway traffic or the  nearest  lane  of  the  roadway adjacent thereto.  (b)  When operation on a roadway is permitted by any provision of this article, snowmobiles shall travel in single file, shall not ride  tandem or abreast each other except in overtaking another snowmobile, and shall travel  on  the right side of the road in the same direction as the flow of vehicular traffic.  (c) No person shall operate a snowmobile on or across a highway  while pulling a person on skis or drawing or towing a sleigh, sled or toboggan which  carries  or  transports  any  person.  No person on skis shall be pulled by, and no person shall ride on or in a sleigh, sled or  toboggan which is being towed or trailed by a snowmobile on a highway.  (d)  No  person  shall  operate  a snowmobile on the frozen surface of public waters within one hundred feet of a  person,  including  but  not limited  to  a skater, not in or upon a snowmobile or within one hundred feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the snowmobile or on an area  which  has been  cleared  of snow for skating purposes unless the area is necessary for access to the public water.  (e) No person shall operate a snowmobile within one hundred feet of  a dwelling  between  twelve  o'clock  midnight  and six o'clock a.m., at a speed greater than minimum required to maintain forward movement of  the snowmobile.   9.  Emergency  vehicle. The provisions of this section shall not apply to operation as emergency vehicle.