2023 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.