New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter III - New York State Thruway Authority › Subchapter A - Use And Occupancy Of The Thruway System › Part 102 - Limitations On Use Of Thruway System › Section 102.1 - Prohibited uses of the Thruway

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use
				  of the Thruway system by the following is prohibited at all times, with the
				  noted exceptions:
(1) Pedestrians, except on
				  the Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's
				  shared use path when such sidewalks and/or shared use path are not closed or
				  otherwise prescribed at the sole discretion of the Thruway Authority.
(2) Bicycles with or without motors, bicycles
				  with electric assist, limited use motorcycles and limited use vehicles, except
				  bicycles without motors or bicycles with electric assist are permitted on the
				  Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's
				  shared use path when such sidewalks and/or shared use path are not closed or
				  otherwise prescribed at the sole discretion of the Thruway Authority.
(3) Vehicles drawn by animals.
(4) Animals led, ridden or driven on the
				  hoof.
(5) Vehicles with metal tires
				  or solid tires worn to metal, and vehicles with caterpillar treads.
(6) Farm implements and farm machinery, when
				  self-propelled or towed.
(7)
				  Vehicles loaded with animals or poultry not properly confined.
(8) Vehicles with deflated pneumatic tires;
				  also vehicles with tires in such condition that they are, in the judgment of
				  the employees of the Thruway Authority or State Police, unsafe for use upon the
				  Thruway system.
(9) Vehicles in
				  such condition that they are, in the judgment of the employees of the Thruway
				  Authority or State Police, unsafe for use upon the Thruway system. The burden
				  of proof of the safe condition of such vehicles shall be upon the operators of
				  such vehicles.
(10) Vehicles with
				  improperly secured loads.
(11)
				  Vehicles transporting loose materials, unless covered with a tarpaulin or other
				  cover or suitable device capable of preventing the dislodgment and falling of
				  such materials or any portion hereof by vehicle movement, or wind or
				  combination thereof; provided that this paragraph shall not apply to Thruway
				  Authority-owned vehicles.
(12)
				  Vehicles, including any load thereon, exceeding the maximum allowable
				  limitations of section
				  385 of
				  the Vehicle and Traffic Law. Compliance with the limitations of this paragraph
				  and paragraph (13) of this subdivision shall constitute a license to vehicles
				  to use the Thruway system without the necessity of undergoing investigations
				  designed to protect Thruway traffic and facilities. Special hauling permits for
				  other vehicles, including tandem trailers exceeding the maximum allowable
				  limitations of section
				  385 of
				  the Vehicle and Traffic Law, issued by the Thruway Authority for appropriate
				  terms and only after investigation, shall similarly constitute a license to use
				  the Thruway system, subject to compliance with special equipment and operating
				  requirements, and such other conditions as have been or may hereafter be
				  established by the Thruway Authority.
(13) Vehicles for which special hauling
				  permits have not been issued by the Thruway Authority, and which exceed the
				  maximum allowable limitations of section
				  385 of
				  the Vehicle and Traffic law.
(14)
				  Vehicles in tow by rope or other nonrigid connection.
(15) In addition to all other provisions of
				  this Chapter, no disabled vehicle may be serviced or repaired on the Governor
				  Mario M. Cuomo Bridge between mileposts 13.15 and 16.18, except with special
				  permission of the Thruway Authority or the State Police. In the absence of such
				  permission, disabled vehicles will be immediately removed from the said bridge
				  by Thruway Authority forces to designated parking areas.
(16) Disabled vehicles in tow, except for
				  saddle-mounted vehicles, or disabled vehicles being pushed, except under the
				  following conditions:
(i) Vehicles which
				  become disabled and must be removed by towing or pushing, shall be so removed
				  to the nearest exit (or another exit, if authorized by the Thruway Authority or
				  the State Police) by an emergency service vehicle from an authorized emergency
				  service garage; provided, however, that trucking and bus company vehicles which
				  become disabled and must be removed by towing or pushing may also be so removed
				  to the nearest exit by a properly equipped towing vehicle from a company-owned
				  and operated service unit, or an agency operating under contract with the
				  subject company whose vehicle is disabled; provided, however, that a vehicle
				  disabled on the Governor Mario M. Cuomo Bridge between mileposts 13.15 and
				  16.18 shall be removed only by Thruway Authority forces and such other forces
				  as shall be specifically requested by the Thruway Authority.
(ii) The provisions of this subparagraph
				  shall not apply to any properly equipped vehicle with a disabled intact
				  passenger vehicle, tractor, straight truck or bus in tow, provided that the
				  towed vehicle is fastened to the towing vehicle with a rigid connection, and is
				  considered safe for travel on the Thruway, as required by paragraph (9) of this
				  subdivision, and provided further, that the operator of the towing vehicle
				  obtains a road service permit before entry.
(17) Vehicles carrying explosives found in
				  division 1.1-1.3 as defined in United States Department of Transportation
				  regulations title 49, Code of Federal Regulations section 175.53 as amended
				  December 21, 1990, except under such procedures as may be adopted by the
				  Thruway Authority board, and as thereafter amended, from time to time, by the
				  Thruway Authority's department of operations with the approval of the chairman.
Department of Transportation regulations shall mean those
					 safety regulations of the United States Department of Transportation which are
					 included in parts 100-185 and parts 390-397 of title 49, amended August 28,
					 2001, Code of Federal Regulations, and sections 5101-5127 of title 49 U.S.C.
					 chapter 51, amended October 31, 1994, which deal with motor carrier safety and
					 the transportation of explosives and other dangerous articles by motor carriers
					 by highway.
(18) Vehicles
				  carrying radioactive materials except when authorized through the Thruway
				  Authority's department of operations.
(19) Saddle-mounted vehicles, except those
				  which comply in all respects, including the equipment and operation thereof,
				  with the provisions of part 193 of title 49 of the Code of Federal Regulations,
				  including, but not limited to, sections 193.17 and 193.71 thereof, as it may
				  from time to time be amended, which part is hereby incorporated herein and made
				  a part hereof with the same force and effect as if fully set forth
				  herein.
(20)
(i) No plane shall be allowed to take off in
				  flight from any portion of the Thruway system except under special permit
				  issued in advance by the Thruway Authority's director of operations on payment
				  of a fee of $300. Such permit shall be issued only after a careful review of
				  field conditions, including, but not limited to, weather, road conditions,
				  traffic densities and geographical configuration, indicates that such takeoff
				  can be made safely. Applicant shall furnish evidence of adequate insurance to
				  fully protect the Thruway Authority and shall hold the Thruway Authority
				  harmless from any and all claims that may arise from this operation.
(ii) Where the plane is to be removed from
				  the Thruway system by means other than takeoff in flight, such operation shall
				  be permitted only after investigation and subject to compliance with any
				  special equipment or operating requirements and such other conditions as have
				  been or may hereafter be established by the Thruway Authority. Such permission
				  will be subject to the payment of a $100 charge.
(iii) The landing of planes on the Thruway
				  system shall be governed by the provisions of sections
				  245 and
				  246 of the
				  General Business Law.
(iv) As used
				  in this paragraph, the term planes means any contrivance, now or hereafter
				  invented, for flight in the air, except a parachute or other contrivance
				  designed for use, and carried primarily for safety equipment.
(21) Snowmobiles ; provided,
				  however, that the Thruway Authority's executive director or his or her designee
				  is authorized to waive this prohibition for the use of snowmobiles in a storm
				  emergency to aid Thruway patrons.