New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter E - Special Parkways › Part 181 - Definitions, Construction And Scope › Section 181.1 - Definitions of words and phrases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise expressly stated,
				  whenever used in this Subchapter, the following terms shall respectively mean
				  and include each of the meanings set forth:
(1) Authority. A public benefit corporation
				  created by chapter 649 of the Laws of 1960, as amended, and known as the East
				  Hudson Parkway Authority. With the abolition of the East Hudson Parkway
				  Authority by chapter 370 of the Laws of 1979, as of November 1, 1979, the
				  Department of Transportation of the State of New York.
(2) Authorized emergency vehicle. Every
				  ambulance, police vehicle and fire vehicle.
(i) Ambulance. Every motor vehicle designed,
				  appropriately equipped and used for the purpose of carrying sick or injured
				  persons.
(ii) Police vehicle. Every
				  vehicle owned by the State, a public authority, a county, town, city or
				  village, and operated by the police department or law enforcement agency of
				  such governmental unit. Any other vehicle operated by a chief or deputy or
				  assistant chief of a police department, a sheriff, undersheriff or regular
				  deputy sheriff. A vehicle owned and operated by the law enforcement unit of a
				  public or private corporation authorized by law to maintain a unit for the
				  enforcement of law on the property of such corporation shall be a police
				  vehicle only for the purposes of this section.
(iii) Fire vehicle. Every vehicle operated
				  for fire service purposes owned and identified as being owned by the State, a
				  public authority, a county, town, city, village or fire district, or a fire
				  corporation subject to the provisions of subdivision 1 of section 112 of the
				  Membership Corporations Law, or a fire company as defined in section 100  of the General Municipal Law. Any of the
				  following vehicles shall be fire vehicles only for the purpose of this section:
(a) a vehicle operated by officials of the
				  division of fire safety in the Office for Local Government of the Executive
				  Department;
(b) a vehicle
				  ordinarily operated by a chief or assistant chief of a fire department, or a
				  county or deputy county fire coordinator, or county or assistant county fire
				  marshal, or such vehicle when operated in an official capacity by or under the
				  direction of such person; and
(c) a
				  vehicle owned by a person, which is recognized and certified by the director of
				  such division of fire safety as being maintained for the purpose of
				  fire-fighting on premises owned or occupied by such person.
(iv) Emergency operation. The
				  operation, or parking, of an authorized emergency vehicle, when such vehicle is
				  engaged in transporting a sick or injured person, pursuing an actual or
				  suspected violator of the law, or responding to, or working or assisting at the
				  scene of, an accident, disaster, police call, alarm of fire or other emergency.
				  Emergency operation shall not include returning from such service.
(3) Bicycle. Every device
				  propelled by the feet acting upon pedals, having wheels any two of which are
				  each more than 20 inches in diameter.
(4) Bridle path. Any path or trail passable
				  to or designated for horseback riding.
(5) Bus. Every motor vehicle used for
				  transportation of persons that is designed for carrying more than 14
				  passengers, or has more than four tires, or that exceeds 9 feet in height from
				  underside of tire to the top of the vehicle, 7 feet in width or 19 feet in
				  length.
(6) Chauffeur. Any person
				  who drives a bus, taxicab, tractor-trailer combination or a truck-trailer
				  combination, and any person who drives a truck having a maximum gross weight in
				  excess of 18,000 pounds.
(7) City,
				  town or village. Any city, town or village within which any portion of the
				  parkway system is located.
(8)
				  Commercial vehicle. Every type of motor-driven vehicle used for commercial
				  purposes on the highways, such as the transportation of goods, wares and
				  merchandise and motor coaches carrying passengers; including trailers and
				  semitrailers and tractors when used in combination with trailers and
				  semitrailers, and excepting such vehicles as are run only upon rails or
				  tracks.
(9) Crosswalk. That part of
				  a roadway at an intersection included within the connections of the lateral
				  lines of the sidewalks on opposite sides of the highway between the curbs or,
				  in the absence of curbs, between the edges of the traversible roadway, or any
				  portion of a roadway at an intersection or elsewhere distinctly indicated for
				  pedestrian crossing by lines or other markings on the surface.
(10) Curb. A vertical or sloping member along
				  the edge of a roadway clearly defining the pavement edge.
(11) Drive. Any road, street, avenue, roadway
				  or boulevard maintained for vehicular use on the parkway system, including the
				  parts thereof under or over any bridge in the parkway system.
(12) Driver. Every person who drives or is in
				  actual physical control of a vehicle.
(13) Driveway. Every entrance or exit used by
				  vehicular traffic to or from lands or buildings abutting a highway.
(14) Equestrian. One who rides on
				  horseback.
(15) Explosives. Any
				  chemical compound or mechanical mixture that is commonly used or intended for
				  the purpose of producing an explosion and which contains any oxidizing and
				  combustive units or other ingredients in such proportions, quantities, or
				  packing that an ignition by fire, by friction, by concussion, by percussion, or
				  by detonator of any part of the compound or mixture may cause such a sudden
				  generation of highly heated gases that the resultant gaseous pressures are
				  capable of producing destructive effects on contiguous objects or of destroying
				  life or limb.
(16) Flammable
				  liquid. Any liquid which has a flash point of 70 degrees Fahrenheit, or less,
				  as determined by a tagliabue or equivalent closed-cup test device.
(17) Hazard vehicle. Every vehicle owned and
				  operated by a utility, whether public or private, used in the maintenance and
				  repair of its facilities, every vehicle specially equipped or designed for the
				  towing or pushing of disabled vehicles, and every vehicle engaged in highway
				  maintenance, or in ice and snow removal where such operation involves the use
				  of a public highway.
(i) Hazardous operation.
				  The operation, or parking, of a vehicle on or adjacent to a public highway
				  while such vehicle is actually engaged in an operation which would bring such
				  vehicle within the definition of a hazard vehicle.
(18) Highway. The entire width between the
				  boundary line of every way or parkway publicly maintained when any part thereof
				  is open to the use of the public for purposes of vehicular travel.
(19) House coach. Any vehicle motivated by a
				  power connected therewith or propelled by a power within itself, which is or
				  can be used as the home or living abode or habitation of one or more persons,
				  either temporarily or permanently. In the application of these regulations to
				  house coaches, a house coach propelled by a power within itself shall be deemed
				  a motor vehicle, a house coach motivated by a power connected therewith shall
				  be deemed a trailer, and all house coaches shall be deemed vehicles.
(20) Intersection.
(i) The area embraced within the prolongation
				  or connection of the lateral curblines, or, if none, then the lateral boundary
				  lines of the roadways of two highways which join one another at, or
				  approximately at, right angles, or the area within which vehicles traveling
				  upon different highways joining at any other angle may come in
				  conflict.
(ii) Where a highway
				  includes two roadways 30 feet or more apart, then every crossing of each
				  roadway of such divided highway by an intersecting highway shall be regarded as
				  a separate intersection. In the event such intersecting highway also includes
				  two roadways 30 feet or more apart, then every crossing of two roadways of such
				  highways shall be regarded as a separate intersection.
(21) Laned roadway. A roadway which is
				  divided into two or more clearly marked lanes for vehicular traffic.
(22) Motorcycle. Every motor vehicle having a
				  seat or saddle for the use of the rider and designed to travel on not more than
				  three wheels in contact with the ground, but excluding a tractor.
(23) Motor-driven cycle. Every motorcycle,
				  including every motor scooter, with a motor which produces not to exceed five
				  horsepower, and every bicycle with motor attached.
(24) Motor vehicle. Every vehicle operated or
				  driven upon a public highway which is propelled by any power other than
				  muscular power except (i) electrically driven invalid chairs being operated or
				  driven by an invalid, (ii) vehicles which run only upon rails or tracks, and
				  (iii) snowmobiles as defined in article 8 of the Environmental Conservation
				  Law. For the purposes of this section, the term motor vehicle shall exclude
				  fire and police vehicles.
(25)
				  One-way drive. Any drive whereon traffic is restricted to proceeding in one
				  direction.
(26) Operator. Any
				  person, other than a chauffeur, who operates or drives a motor vehicle or a
				  motorcycle upon any public highway.
(27) Owner. A person, other than a
				  lienholder, having the property in or title to a vehicle. The term includes a
				  person entitled to the use and possession of a vehicle subject to a security
				  interest in another person and also includes any lessee or bailee of a motor
				  vehicle or motorcycle having the exclusive use thereof, under a lease or
				  otherwise, for a period greater than 30 days.
(28) Park or parking. The standing of a
				  vehicle, whether occupied or not.
(29) Parking place. Any part of any drive or
				  space in the parkway system designated as a place for standing of
				  vehicles.
(30) Parkway police
				  officer. Any member of the New York State Police or Westchester County parkway
				  police assigned to the enforcement of the rules and regulations of the
				  authority and the Vehicle and Traffic Law pursuant to section 460  of the Public
				  Authorities Law, as amended.
(31)
				  Parkway system. All real property under the jurisdiction and/or control of the
				  department.
(32) Pedestrian. Any
				  person on foot.
(33) Permit. Any
				  document or letter issued by or under the direction of the department,
				  permitting the performance of a specified act or acts.
(34) Person. Every natural person, firm,
				  copartnership, association or corporation.
(35) Roadway. That portion of a highway
				  improved, designed or ordinarily used for vehicular travel, exclusive of the
				  berm or shoulder. In the event a highway includes two or more separate
				  roadways, the term roadway as used herein shall refer to any such roadway
				  separately but not to all such roadways collectively.
(36) Rule or regulation. Any rule or
				  regulation duly adopted and published as provided by chapter 649 of the Laws of
				  1960 and section 1630  of the Vehicle and Traffic Law, and as
				  amended.
(37) Safety zone. The area
				  or space officially set apart within a roadway for the exclusive use of
				  pedestrians and which is protected or is so marked or indicated by adequate
				  signs as to be plainly visible at al times while set apart as a safety
				  zone.
(38) School bus. Every motor
				  vehicle owned by a public or governmental agency or private school and operated
				  for the transportation of pupils, teachers and other persons acting in a
				  supervisory capacity, to or from school or school activities or privately owned
				  and operated for the transportation of pupils, teachers and other persons
				  acting in a supervisory capacity to or from school or school activities that is
				  designed for carrying more than 14 passengers, or has more than four tires, or
				  that exceeds 9 feet in height from underside of tire to the top of the vehicle,
				  7 feet in width or 19 feet in length.
(39) Semitrailer. Any trailer which is so
				  designed that, when operated, the forward end of its body or chassis rests upon
				  the body or chassis of the towing vehicle.
(40) Stand or standing. The stopping of a
				  vehicle, whether occupied or not.
(41) Stop. When required, means complete
				  cessation from movement.
(42) Stop
				  or stopping. When prohibited, means any halting even momentarily of a vehicle,
				  whether occupied or not, except when necessary to avoid conflict with other
				  traffic or in compliance with the directions of a parkway police officer,
				  department employee or traffic control sign or signal.
(43) Taxicab. A motor vehicle having a
				  seating capacity for passengers of not more than seven persons, in addition to
				  the driver, and used in the business of transporting passengers for
				  compensation.
(44) Tractor. A motor
				  vehicle designed and used for drawing a semitrailer.
(45) Traffic. Pedestrians, ridden or herded
				  animals, vehicles, and other conveyances either singly or together while using
				  any highway for purposes of travel.
(46) Traffic control devices. All signs,
				  signals, markings and devices placed or erected by the department for the
				  purpose of regulating, warning or guiding traffic.
(47) Traffic control signal. Any device,
				  whether manually, electrically or mechanically operated, by which traffic is
				  alternately directed to stop and permitted to proceed.
(48) Trailer. Any vehicle not propelled by
				  its own power drawn on the public highways by a motor vehicle as defined in
				  this section, except motorcycle sidecars, vehicles being towed by a nonrigid
				  support and vehicles designed and primarily used for other purposes and only
				  occasionally drawn by such a motor vehicle.
(49) Truck. Every motor vehicle designed,
				  used or maintained primarily for the transportation of property; provided,
				  however, that a pickup truck or a van which is legally registered as a
				  passenger vehicle and which has passenger license plates shall not be deemed to
				  be a truck.
(50) Vehicle. Every
				  device in, upon or, by which any person or property is or may be transported or
				  drawn upon a highway, except devices moved by human power or used exclusively
				  upon stationary rails or tracks.
(51) Hearse. A station wagon type vehicle
				  equipped for transporting a coffin or remains of a deceased person.