NY-TRA Transportation Law NY

Contents

ARTICLE 1 Short Title; Definitions

§ 1 — Short title

Short title. This chapter shall be known as the "Transportation

Law."

§ 2 — Definitions

Definitions. Whenever used in this chapter, unless a different

meaning clearly appears from the context the terms:

1. "Baggage company" means a person engaged under contract or

agreement with a railroad company or street railroad company in the

checking of baggage, or in the collection and delivery of baggage

between railroad stations, or between railroad stations and hotels,

residences, business places or steamer docks.

2. "Bus company" means a person, or a lessee, trustee or receiver

appointed by any court whatsoever, owning, leasing, or operating or

proposing to own, lease or operate a bus line.

3. "Bus line" is a sub-classification of common carrier of passengers

by motor vehicle that is usually characterized by the use of vehicles

having a seating capacity of greater than twenty passengers; by multiple

pickup and discharge points along designated routes; and by no

prearrangements or reservations by passengers.

4. "Certificate" means operating authority issued under this chapter

to common carriers of passengers by motor vehicle, common carriers of

property by motor vehicle and common carriers of household goods by

motor vehicle.

4-a. "Commercial motor vehicle" means any self-propelled or towed

motor vehicle used on a highway in intrastate, interstate or

international commerce to transport passengers or property when the

vehicle (a) has a gross vehicle weight rating or gross combination

weight of ten thousand one pounds or more, whichever is greater; or (b)

is designed or used to transport more than eight passengers including

the driver for compensation; or (c) is designed or used to transport

more than fifteen passengers including the driver and is not used to

transport passengers for compensation; or (d) is used in transporting

material found by the United States secretary of transportation to be

hazardous under section 5103 of title 49 of the United States code and

transported in a quantity requiring placarding under regulations

prescribed by such secretary under subtitle B, chapter I, subchapter C

of title 49 of the code of federal regulations.

5. "Commissioner" means the state commissioner of transportation.

6. "Common carrier" means a railroad company, street railroad company,

express company, car company, sleeping-car company, freight company,

freight line company, baggage company, transfer company, carrier by

water, person or the lessee, trustee or receiver appointed by any court

whatsoever, owning, operating or managing any such agency for public use

in the conveyance of persons or property within this state other than by

use of ski tows and other passenger tramways operated at ski centers.

The term shall not include an express company, baggage company or

transfer company unless it is operated wholly or in part upon or in

connection with a railroad or street railroad or a municipally owned

ferry or ferry company operating under a lease from a city or a carrier

by water except where it is engaged or may be required to be engaged

with a carrier by railroad in the transportation of passengers or

property over a through route partly by water and partly by railroad for

a continuous carriage or shipment between points in this state.

7. "Common carrier of passengers by motor vehicle" means any person

that transports passengers by motor vehicle for compensation by

providing service for the general public on an individual fare basis

over regular or irregular routes. It shall include a bus line as defined

by subdivision three of this section.

8. "Common carrier of property by motor vehicle" means any person that

transports property by motor vehicle for compensation for the general

public.

9. "Contract carrier of passengers by motor vehicle" means any person

that transports passengers by motor vehicle for compensation, in

chartered party or special party service, or by providing service under

a continuing agreement calling for the exclusive use of vehicles by a

person or persons.

10. "Contract carrier of property by motor vehicle" means any person

that transports property by motor vehicle for compensation under special

and individual continuing contracts or arrangements with one person or a

limited number of persons for an extended period of time, or that

provides services in addition to transportation services that are not

normally made available or provided by common carriers of property.

11. "Corporation" means and includes a corporation, company,

association and joint-stock association.

12. "Department" means the state department of transportation.

13. "Governing body" means the local legislative body as such term is

defined in subdivision seven of section two of the municipal home rule

law.

14. "Highway" means a highway, road, street, alley, avenue,

thoroughfare, bridge or public driveway which is opened to the public

and publicly maintained, whether by the state or a subdivision thereof,

or by a public authority.

15. "Household goods" means:

(a) personal effects and property used or to be used in a dwelling

when a part of the equipment or supply of such dwelling and such other

similar property as the commissioner may provide by regulation; except

that this paragraph shall not be construed to include property moving

from a factory or store, except such property as the householder has

purchased with intent to use in his or her dwelling and which is

transported at the request of, and the transportation charges paid to

the carrier by, the householder;

(b) furniture, fixtures, equipment, and the property of stores,

offices, museums, institutions, hospitals or other establishments when a

part of the stock, equipment, or supply of such stores, offices,

museums, institutions, hospitals, or other establishments and such other

similar property as the commissioner may provide by regulation; except

that this paragraph shall not be construed to include the stock-in-trade

of any establishment, whether consignor or consignee, other than used

furniture and used fixtures, except when transported as incidental to

moving of the establishment, or a portion thereof, from one location to

another; and

because of their unusual nature or value require the specialized

handling and equipment usually employed in moving household goods and

such other similar articles as the commissioner may provide by

regulation; except that this paragraph shall not be construed to include

any article, whether crated or uncrated, which does not, because of its

unusual nature or value, require the specialized handling and equipment

usually employed in moving household goods.

16. "Infant" or "minor" means a person who has not attained the age of

eighteen years.

17. "Motor carrier" includes common and contract carriers of

passengers by motor vehicle, common and contract carriers of property by

motor vehicle, and common carriers of household goods by motor vehicle.

Any reference in article six, seven, eight or nine of this chapter to a

"common carrier", "contract carrier", "common carrier of property",

"contract carrier of property", "common carrier of passengers", or

"contract carrier of passengers" shall be deemed to mean such type of

carrier by motor vehicle.

18. "Motor vehicle" means a vehicle, machine, bus, tractor, truck

trailer or semi-trailer, propelled or drawn by mechanical power and used

upon the highways in the transportation of property or passengers, but

does not include any locomotive or car operated exclusively on a rail,

rails or track.

19. "Municipal corporation" or "municipality" means a county, city,

village or town; except that in articles three, four and five,

subdivision three of section one hundred seventy-one and section one

hundred ninety of this chapter, a "municipality" shall not include a

county.

20. "Non-profit car pools" means the prearranged transportation of

passengers by motor vehicle to and from their place of employment or

other destination, where moneys paid to the motor vehicle owner are only

for a recovery of some or all of the expenses related directly to the

transporting of the passengers, including tolls, fuel, insurance and

depreciation, provided that the operator of such vehicle does not drive

the motor vehicle for profit.

21. "Permit" means operating authority issued under this chapter to

contract carriers of passengers by motor vehicle and contract carriers

of property by motor vehicle.

22. "Person" means and includes an individual, firm, copartnership,

association or corporation.

23. "Private carriage" means the transportation of property by a

person other than a motor carrier when such person is the owner, lessee

or bailee of the property being transported and when such transportation

is for the purpose of sale, lease, rent or bailment.

23-a. "Private carrier of passenger by motor vehicle" means any person

that transports passengers by commercial motor vehicle which is provided

in the furtherance of a commercial enterprise and which is not for

compensation and is not available to the public at large, in intrastate,

interstate or international commerce.

23-b. "Private motor carrier" means any person who provides

transportation of property or passengers by commercial motor vehicle for

a business purpose and is not a common or contract carrier of passengers

or property by motor vehicle.

24. "Railroad" means a railroad, other than a street railroad,

operated for public use in the conveyance of persons or property for

compensation, with all bridges, ferries, tunnels, equipment, switches,

spurs, tracks, stations and terminal facilities used, operated or owned

by or in connection therewith.

25. "Railroad company" means a person, or a lessee, trustee or

receiver appointed by any court whatsoever, owning, operating or

managing any railroad or cars or other equipment used thereon or in

connection therewith.

26. "School" means every place of academic, vocational or religious

service or instruction for persons under the age of twenty-one, except

places of higher education. It shall include every child care center;

every institution for the care or training of the mentally or physically

handicapped; and every day camp.

27. "Services and transportation provided by a contract carrier of

passengers by motor vehicle" means and includes all vehicles operated

by, for or in the interest of such carrier irrespective of ownership or

of contract, express or implied, together with all facilities and

property operated or controlled by such carrier and used in the

transportation of passengers or in the performance of any service in

connection therewith.

28. "Shipment" means a lot of freight tendered to a carrier by one

consignor at one place at one time for delivery to one consignee at one

place on one bill of lading.

29. "Street railroad" means a railroad by whatever power operated, or

an extension or branch thereof, for public use in the conveyance of

persons or property for compensation, being mainly upon, along, above or

below any highway, including all equipment, switches, spurs, tracks,

right of trackage, subways, tunnels, stations, terminals and terminal

facilities used, operated or owned by or in connection therewith, but

shall not include a railroad constituting or used as part of a trunk

line railroad system.

30. "Street railroad company" means a person, or a lessee, trustee or

receiver appointed by any court whatsoever, owning, operating or

managing any street railroad or cars or other equipment used thereon or

in connection therewith.

31. "Tank motor vehicle" means a motor truck, trailer or semi-trailer

respectively, used for the transportation of liquids, and provided with

a tank or tanks therefor which are mounted on the frame or chassis or

are an integral part of such vehicle.

31-a. "Telecommuting" shall mean the conservation of energy through

the reduction of travel by employees of the department to and from their

designated workplace through the use of telecommunication and computer

technology in tasks including, but not limited to, information transfer

and processing.

32. "Transfer company" means a person engaged under contract or

agreement with a railroad company or street railroad company in the

transfer of passengers or property between railroad stations, or between

railroad stations and hotels, residences, business places or steamer

docks.

33. "Transportation of property" includes any service in connection

with the receiving, delivery, elevation, transfer in transit,

ventilation, refrigeration, icing, storage and handling of the property

transported.

34. "Utility company" or "public utility company" is used to avoid

repetitions in a provision applying to one or more persons operating an

agency or agencies for public service, and who or which is or are

subject to the jurisdiction, supervision and regulations prescribed by

or pursuant to this chapter; such term being so used only as a general

term descriptive of such a person.

35. "Van service" is a sub-classification of common carrier of

passengers by motor vehicle that provides service on a prearranged

regular daily basis between a zone in a residential neighborhood and a

location which shall be a work related central location, a mass transit

or mass transportation facility, a shopping center or recreational

facility, but shall not include service to or from an airport. Such

service is usually characterized by the use of vehicles having a seating

capacity of twenty passengers or less. Provided, however, that if a city

with a population of over one million adopts a local law or ordinance

pursuant to subdivision five of section eighty of this chapter, the term

"van service" as it applies to van service in such city shall include

service that otherwise meets the requirements of this subdivision but is

service to or from an airport.

ARTICLE 2 Powers, Duties and Jurisdiction of the Department of Transportation

§ 10 — Declaration of policy

Declaration of policy. It is hereby declared to be the policy of

the state of New York that adequate, safe and efficient transportation

facilities and services at reasonable cost to the people are essential

to the economic growth of the state and the well-being of its people and

that the planning and development of such facilities and services shall

be coordinated by a state department of transportation with overall

responsibility for balanced transportation policy and planning.

§ 11 — Department of transportation; commissioner

Department of transportation; commissioner. There shall be in

the state government a department of transportation. The head of the

department shall be the commissioner of transportation, who shall be

appointed by the governor, by and with the advice and consent of the

senate, and hold office until the end of the term of the governor by

whom he was appointed and until his successor is appointed and has

qualified.

The commissioner of transportation shall have sole charge of the

administration of the department.

§ 12 — Offices of the department

Offices of the department. The principal office of the

department of transportation shall be in the county of Albany. Branch

offices may be established and maintained by the department in such

places as the commissioner may determine, and for which appropriations

are made by the legislature.

§ 13 — Organization of department; officers and employees

Organization of department; officers and employees. 1. The

commissioner may, from time to time, create, abolish, transfer and

consolidate divisions, bureaus and other units within the department not

expressly established by law as he may determine necessary for the

efficient operation of the department, subject to the approval of the

director of the budget.

2. The commissioner may appoint such deputies, directors, assistants

and other officers and employees as may be needed for the performance of

his duties and may prescribe their powers and duties and fix their

compensation within the amounts appropriated therefor. Each deputy,

director, assistant and other officers and employees shall be a person

qualified by training and experience for the performance of the duties

assigned to him. Subject to the provisions of the civil service law and

rules, the commissioner may appoint such other employees of the

department as may be necessary to carry out the provisions of this

chapter. He may transfer officers or employees from their positions to

other positions in the department, may consolidate such positions, or

may abolish such office or position.

§ 14 — General functions, powers and duties of department

General functions, powers and duties of department. The

department, by or through the commissioner or his duly authorized

officer or employee, shall have the following general functions, powers

and duties:

1. To coordinate and develop comprehensive, balanced transportation

policy and planning for the state to meet the present and future

statewide needs for adequate, safe and efficient transportation

facilities and services at reasonable cost to the people;

2. To coordinate and assist in the balanced development and operation

of such transportation facilities and services in the state, including

highway, mass transit, marine and aviation facilities;

3. To develop policies and proposals designed to help meet and resolve

the special problems of urban and commuter transportation in

metropolitan areas throughout the state and the special problems of

transportation of other areas of the state.

4. To make such studies and analyses of transportation problems as the

commissioner may deem appropriate or as may be requested by the governor

relating to any aspect of transportation in the state.

5. To consult with and co-operate with

(a) officials of departments and agencies of the state having duties

and responsibilities concerning transportation;

(b) officials and representatives of public corporations as defined in

article one, section three of the general corporation law;

states and of interstate agencies on problems affecting transportation

in this state;

(d) officials and representatives of carriers and transportation

facilities and systems in the state;

(e) persons, organizations and groups utilizing, served by, interested

in or concerned with transportation facilities and systems in the state.

6. To appear and participate in proceedings before any federal

regulatory agency involving or affecting transportation in this state.

7. For the accomplishment of the purposes of the department of

transportation, to undertake any studies, inquiries, surveys or analyses

it may deem relevant through the personnel of the department or in

cooperation with any public or private agencies, including educational,

civic and research organizations, colleges, universities, institutes or

foundations.

8. To inspect the property and examine the accounts, books and

documents of any person, firm or corporation engaged in operating a

public transportation facility or system in whole or in part within the

state; may hold investigations and hearings within or without the state;

and shall have power to compel the attendance of witnesses and the

production of accounts, books and documents by the issuance of a

subpoena.

9. To advise and cooperate with municipal, county, regional and other

local agencies and officials within the state to plan and otherwise

coordinate the development of a system of air routes, airports and

landing fields within the state and to protect their approaches.

10. To cooperate with other state departments, and with boards,

commissions and other state agencies and with appropriate federal

agencies, and with interested private individuals and groups in the

coordination of plans and policies for the development of air commerce

and air facilities.

11. To act as the official agency of the state in all matters

affecting aviation under any federal laws now or hereafter to be

enacted, and as the official agency of a county, town, city, village or

authority in connection with the grant or advance of any federal or

other funds or credits to the state or through the state to its local

governing bodies for airports and other air facilities complying with

the provisions of such grants or advances.

12. To exercise all functions, powers and duties relating to traffic

regulation and control as set forth in the vehicle and traffic law or in

other laws.

13. To report from time to time to the governor and make an annual

report to the governor and the legislature which shall include its

recommendations.

14. To formulate and execute contracts, keep accounts, record

personnel data, acquire property, adjust claims, compile statistics and

engage in research opportunities; all according to the statutes or

department orders and regulations in such cases made and provided.

14-a. To conduct or cause to be conducted an inventory of air

transportation facilities, both publicly or privately owned, that are

primarily used for general aviation purposes and provide no regularly

scheduled passenger aircraft service that results in more than two

thousand five hundred enplaned passengers annually; and to submit, on or

before February first, nineteen hundred ninety-six, and annually

thereafter, such inventory to the governor, the temporary president of

the senate, the speaker of the assembly, the minority leader of the

senate, the minority leader of the assembly, the chair of the senate

finance committee and the chair of the assembly ways and means

committee, the chairs of the senate transportation, local governments

and commerce, economic development and small business committees, and

the chairs of the assembly transportation, local government and economic

development, job creation, commerce and industry committees.

15. To prepare the plans, specifications, designs and estimates, and,

by the procedures and methods provided by the laws relating thereto, to

construct and reconstruct:

(a) The highways and other public ways that are now or shall hereafter

be under the jurisdiction of the department for such purposes, whether

generally or specially;

(b) The canals, waterways of the state and structures that are now or

shall hereafter be under the jurisdiction of the department for such

purposes;

hereafter be under the jurisdiction of the department for such purposes;

(d) Parking facilities and appurtenances at or adjacent to

transportation interfaces and connections to such facilities.

15-a. In addition to any other notification requirements, the

commissioner shall notify the municipality in which the highway is

located at least sixty days before commencing construction if such

construction shall result in any alteration of the course of such

highway or any alteration in the width of the pavement of such highway.

16. To operate and maintain: (a) the state highways, other public

ways, bridges and grade separations; (b) the canals, waterways of the

state and structures; and (c) either on its own account or by agreement

with a municipality, authority or private contractor, parking facilities

and appurtenances at or adjacent to transportation interfaces and

connections to such facilities; all of which are mentioned generally in

the previous subdivision of this section.

17. Notwithstanding the provisions of this chapter or of any general

or special law, and whenever funds therefor are available or have been

otherwise provided, the commissioner is hereby authorized and empowered,

subject to the approval of the division of the budget, to retain and

employ private engineers, architects and consultants, or firms

practicing such professions for purposes of (1) preparing designs, plans

and estimates of structures of any type and character, (2) rendering

assistance and advice in connection with any project, whether defined or

proposed, and under the supervision of the department of transportation,

(3) preparing surveys, studies and plans, including the negotiating for

and securing of reservation easements necessary to such plans, for joint

development of transportation corridors and provision for multiple use

outside the counties of Kings and Queens of rights of way appurtenant

thereto, and (4) performing such other and necessary services as the

commissioner may deem necessary in the administration of the department.

18. To make and prescribe rules and regulations in relation to the

discharge of the commissioner's functions, powers and duties and those

of the department of transportation.

19. The commissioner shall exercise the powers and perform the duties

of the commission on boundary waters between the United States and

Canada, created by chapter eight hundred six of the laws of nineteen

hundred twenty.

20. The commissioner shall exercise all powers and duties vested in

terms in the commissioner or commission of highways since July first,

nineteen hundred twenty-three, and also shall exercise the powers and

perform the duties of the interstate bridge commission as prescribed by

article two-A of this chapter.

21. The commissioner shall continue to

(a) Keep in his office a map of the state and cause to be delineated

thereon all changes in the bounds thereof or of the counties therein.

(b) Collect and preserve all maps, plans, drawings, field notes,

levels and surveys of every description made for the use of the state

and all engineering instruments belonging to the state.

The maps, drawings and other documents deposited in the department

shall be open for inspection of the public at all reasonable hours, but

shall not be removed or taken therefrom.

22. The commissioner may establish a schedule of fees to be collected

by him for (a) the filing in his office or department of any map or

written instrument required by law to be so filed; (b) the preparation

of any copy of a map or written instrument filed in his office or

department; (c) for certifying any such map or written instrument; and

(d) for any other service rendered in connection with the work of his

department and for which he deems it necessary to charge and to collect

a fee therefor.

23. When moneys shall have been appropriated therefor, to conduct

systematic gaging of rainfall and stream flow in the state in connection

with the barge canal system.

24. It shall be the duty of officers and employees of the department

of transportation to report to the commissioner, on blanks to be

furnished by the state industrial commissioner, any and all violations

any such officer or employee may personally observe or have brought to

his attention relating to any of the provisions of articles eight and

eight-a of the labor law. The industrial commissioner may investigate,

or hold a hearing to determine if such acts or omissions so reported

constitute a violation of any of the provisions of said articles. The

commissioner upon notification of such violation and determination by

the industrial commissioner shall thereupon take proceedings to enforce

the provisions of such articles.

25. Moneys heretofore received by the department of transportation

pursuant to any law or to an order, rule or regulation made and

prescribed by the commissioner regulating the discharge of his

functions, powers and duties and those of the department and moneys

heretofore or hereafter received pursuant to rules and regulations of

the divisions or bureaus in said department regulating the discharge of

their function, powers and duties, respectively, may be refunded to the

party for whose account same were received, on proof satisfactory to the

commissioner that such moneys were in excess of the amount required by

such law, order, rule or regulation. Such refunds shall, upon approval

by the commissioner and after audit by the comptroller, be paid from any

moneys in the custody of the department of transportation received as

fees, charges, rentals or to insure the performance of conditions

imposed under permits pursuant to such orders, rules or regulations.

26. To exercise and perform such other functions, powers and duties as

shall have been or may be from time to time conferred or imposed by law,

including all the functions, powers and duties assigned and transferred

to the department from the department of commerce, the department of

motor vehicles, the department of public works and the office of

transportation in the executive department by several chapters of the

laws of nineteen hundred sixty-seven and from the public service

commission of the department of public service by chapter two hundred

sixty-seven of the laws of nineteen hundred seventy.

27. Within amounts appropriated to the department, to contract,

outside the city of New York, with federally-funded nonprofit

organizations that are organized for the purpose of beautification of

highways, parks and recreation areas and employ persons sixty years of

age or older whose net annual income does not exceed one thousand

dollars to carry out such activities. The contract shall name the

organization, the amount and manner of payment for the service to be

rendered, nature of such service, the rendering of a verified account of

the disbursements with verified or certified vouchers therefor attached,

a refund of any unused amount, and such other conditions upon the use

thereof as may be deemed proper.

28. Within amounts appropriated therefor to engage in a program of

improvements to omnibus terminals, and services attendant thereto, such

improvements and services to include, but not be limited to,

rehabilitation of existing facilities, supplying information on

available transportation services to the traveling public, and the

provision of connecting services between transportation modes.

29. (a) The commissioner shall develop and implement an

Adopt-a-Highway Program, the purpose of which shall be to reduce and

remove litter from the state highways. Such program shall include but

not be limited to:

(i) providing and coordinating services by volunteers or groups to

reduce the amount of litter on the highways of the state including

safety briefings, reflective safety gear, trash bags, and trashbag pick

up on state highways.

(ii) providing and installing highway signs identifying those

volunteers or groups adopting particular segments of such highways.

(b) Notwithstanding any inconsistent provision of law, the state and

its employees shall not be liable for damages suffered by any person

resulting from the actions or activities of such volunteers or groups.

to implement and carry out the provisions of this subdivision.

* 29-a. (a) To establish and implement a state memorial sign program

to memorialize persons who died due to injuries sustained in a fatal

motor vehicle crash on state highways, including controlled access state

highways, maintained by the state which is reportable to the federal

fatality analysis reporting system (FARS). Such program shall provide

for the provision and installation of signs on such state highways

maintained by the state in memory of such persons, upon application

within five years of such fatal crash by an immediate family member of

such person and payment of a fee, established by the commissioner, for

the costs of design, production, placement, and maintenance of such

signs. Such program also shall provide that:

(i) in the event any member of such person's immediate family submits

an objection to the placement of such memorial sign to the commissioner,

the sign shall not be placed, and shall be removed if the objection was

received after such sign was placed;

(ii) no memorial sign shall be approved for a person who died while

operating a motor vehicle in violation of section eleven hundred

ninety-two of the vehicle and traffic law and as a result of such

intoxication or impairment, such person operated the motor vehicle in a

manner that caused the serious physical injury or death of another

person;

(iii) no more than one memorial sign may be placed at the same

location, provided that in the event of multiple applications for a

single location, the commissioner may provide for a sign type capable of

accommodating multiple applications, provided that such sign otherwise

meets the requirements of this subdivision;

(iv) such memorial signs shall be of a design which differs from signs

erected to dedicate or memorialize a highway or bridge pursuant to

article twelve of the highway law;

(v) the placement of memorial signs on such state highways maintained

by the state shall be at locations determined by the commissioner,

taking into consideration the crash location, roadway geometry, existing

signage and traffic control devices, available right of way, safety

concerns, and any other factor the commissioner deems it necessary to

consider. Such placement shall also be in accordance with this

subdivision, with rules, regulations, and guidelines promulgated by the

commissioner, and with the requirements of the Manual on Uniform Traffic

Control Devices (MUTCD) and any other applicable state or federal law,

rule, or regulation relating to highway signage. Provided, however, that

no such sign shall be placed in front of a residence or business;

(vi) memorial signs placed pursuant to this section shall be removed

two years from the date of their initial placement. The commissioner may

remove damaged signs, which shall be replaced for the remainder of the

two-year period upon application by an immediate family member and

payment of a replacement fee as determined by the commissioner.

Provided, however, the department shall replace, for the remainder of

the two-year period, any such sign damaged due to negligence of the

department and no application or replacement fee shall be required for

such replacement;

(vii) for the safety of the public, on-site dedication or ceremonies

and the placement of decorations or other items at the site of a

memorial sign shall be prohibited; and

(viii) information on the state memorial sign program established

pursuant to this subdivision shall be posted on the department's

public-facing website, together with highway and traffic safety

information to further inform and educate the public on methods,

practices, and actions to improve the safety of motor vehicle occupants,

motorcyclists, bicyclists, pedestrians, and all roadway users.

(b) For the purposes of this subdivision, the following terms shall

have the following meanings:

(i) "controlled-access state highway" shall mean every highway,

street, or roadway under the jurisdiction of the state in respect to

which owners or occupants of abutting lands and other persons have no

legal right of access to or from the same except at such points only and

in such manner as may be determined by the state;

(ii) "fatality analysis reporting system" or "FARS" shall mean the

nationwide database established by the national highway traffic safety

administration of the United States department of transportation, as

authorized pursuant to part 30182 of title 49 of the United States code

and part 403 of title 23 of the United States code, which collects data

on fatal motor vehicle traffic crashes;

(iii) "highway" shall mean the entire width between the boundary lines

of every way publicly maintained when any part thereof is open to the

use of the public for purposes of vehicular travel;

(iv) "immediate family" shall mean the decedent's spouse or domestic

partner, birth parents, adoptive parents, stepparents, birth children,

adoptive children, stepchildren, siblings, and stepsiblings;

(v) "manual on uniform traffic control devices" or "MUTCD" shall mean

the manual and specifications for a uniform system of traffic control

devices maintained by the commissioner of transportation pursuant to

section sixteen hundred eighty of the vehicle and traffic law; and

(vi) "reportable to the federal fatality analysis reporting system"

shall mean a crash involving a motor vehicle traveling on a trafficway

customarily open to the public resulting in the death of a vehicle

occupant or a nonoccupant within thirty days of the crash.

to implement and carry out the provisions of this subdivision.

* NB Effective December 12, 2026

30. To establish regulations for the determination of hazardous zones

pursuant to the provisions of section thirty-six hundred thirty-five-b

of the education law.

31. To develop a plan to maximize the use of telecommuting to conserve

energy otherwise used by the personnel of the department in commuting to

their assigned workplace. Within one year of the effective date of this

subdivision, the department shall submit a report to the governor and

the legislature on the impact of such plan to include, but not be

limited to, energy conservation, air quality, workforce acceptance,

office costs and potential cost savings.

32. To cooperate with the department of environmental conservation,

the department of economic development, and the department of motor

vehicles to assist employers who seek such assistance and who are

located in a severe non-attainment area for ozone, as designated by the

administrator of the United States environmental protection agency, to

increase average passenger occupancy per vehicle in commuting trips of

employees between home and workplace during peak travel periods.

33. (a) To promulgate, in consultation with the department of

environmental conservation, rules and regulations to implement a heavy

duty vehicle inspection program pursuant to section 19-0320 of the

environmental conservation law, including, but not limited to,

requirements for the roadside inspection of heavy duty vehicles.

(b) To examine, in a manner and at locations deemed appropriate by the

commissioner in consultation with the commissioner of the department of

environmental conservation, heavy duty vehicles, as such vehicles are

defined in section 19-0320 of the environmental conservation law, to

ascertain whether such vehicles are in compliance with the program for

the inspection of emissions and emissions control equipment established

pursuant to such section 19-0320.

34. To issue certifications with respect to the transportation

improvement credit, as provided for by section twenty of the tax law.

35. Within amounts appropriated therefor, to establish and administer

a safe routes to school program, the purpose of which is to eliminate or

reduce physical impediments to primary and secondary school-aged

children walking or bicycling to school.

(a) The commissioner is hereby vested with the authority and

responsibility to approve funding for projects authorized in paragraph

(b) of this subdivision. The funding of projects will be made upon

application, in a format prescribed by the commissioner, by the project

sponsor for funding of prior expenditures. Provided, however, that

nothing contained in this subdivision shall prohibit any project sponsor

from submitting any project authorized by such paragraph (b) for

consideration for federal funding within the process by which federal

funds are obtained, and obtaining such funds.

(b) Safe routes to school projects shall be limited to project costs

for the construction, reconstruction, enhancement, improvement,

replacement, reconditioning, restoration, rehabilitation and

preservation of crosswalks, sidewalks, bicycle lanes, and traffic

calming measures where the service life of the project is at least ten

years. Funding of project expenditures for an approved project shall

require certification from the project sponsor that:

(i) the project has a service life of ten or more years;

(ii) the project is located within two miles of a primary school or

within three miles of a secondary school;

(iii) the amount of funds requested is no greater than prior

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(iv) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds.

such information in writing as may be necessary. By written agreement

between them, a county may act for one or more cities, towns or villages

in the implementation of projects eligible for funding pursuant to this

subdivision. A copy of such agreement shall be filed with the

commissioner.

(d) Consideration also shall be given to the demonstrated need of an

applicant, the potential of the project to reduce child injuries and

fatalities, and the potential of the project to reduce or eliminate

hazardous conditions for pedestrians and/or bicyclists.

(e) For the purposes of this subdivision, "traffic calming measures"

shall mean any physical engineering measure or measures that reduce the

negative effects of motor vehicle use, alter driver behavior and improve

conditions for non-motorized street users such as pedestrians and

bicyclists.

36. To prepare and submit reports on highway pavement and bridge

conditions, capital program letting and implementation, capital program

accomplishments, and non-MTA downstate suburban and upstate transit

capital programs. The commissioner shall be responsible for issuing the

following reports in a searchable electronic format accessible to users

to the governor, temporary president of the senate, speaker of the

assembly, the chair of the senate transportation committee, the chair of

the assembly transportation committee, the chair of the senate finance

committee and the chair of the assembly ways and means committee:

(a) On or before June first, two thousand twenty-two and by June first

of each year thereafter, a report for each state fiscal year detailing

the department's on-state system capital projects and off-state system

local capital projects, as defined in subdivision two-a of section two

of the state finance law, planned for the fiscal year including projects

receiving funds pursuant to New York works. Such report shall include

projects expected to be advertised for public bid in the respective

state fiscal year, including estimated letting dates by department

region. The report shall also include a project description, proposed

month of letting, project identification number, and preliminary project

cost estimates. Such report shall present project letting details by

department region, within region by funding source, within funding

source by capital program category (pavement preservation, pavement

reconstruction, bridge preservation, bridge rehabilitation or

replacement, safety, mobility, and other), and within capital program

category by project phase (scoping, preliminary engineering,

right-of-way, final design and construction). After completion of each

quarter, the department shall issue a report, including the actual

letting dates and contract amounts for each project accompanied by the

same information. The report shall also compare changes in planned

construction lettings with actual project lettings, changes in project

costs of more than twenty-five percent for projects exceeding fifteen

million dollars and the contributing factors for such project cost

changes, and changes in project letting schedules of more than twelve

months and contributing factors for such changes in letting schedules,

and the estimated number of jobs created by each project. For purposes

of this subdivision, "preliminary project cost estimates" shall mean

publicly available project cost estimates including those required by

the Statewide Transportation Improvement Program (STIP) established

pursuant to Title 23 U.S.C. sections 134 and 135, Title 23 C.F.R. Part

450 and Title 49 U.S.C. Chapter 53 and those required by Transportation

Improvement Programs (TIPs) as defined by Title 23 U.S.C. section

134(b)(6). For projects without such estimates, such term shall mean

estimates in the following ranges: one to one hundred thousand dollars,

one hundred thousand to two hundred fifty thousand dollars, two hundred

fifty thousand to five hundred thousand dollars, five hundred thousand

to one million dollars, one million to two million five hundred thousand

dollars, two million five hundred thousand to five million dollars, five

million to ten million dollars, ten million to fifteen million dollars,

fifteen million to twenty-five million dollars, twenty-five million to

seventy-five million dollars, seventy-five million to one hundred fifty

million dollars, and one hundred fifty million dollars or greater.

(b) On or before June first, two thousand twenty-two and by June first

of each year thereafter, an accomplishment report for the prior state

fiscal year detailing the amount of funding obligated for major capital

program categories including: pavement preservation, pavement

reconstruction, bridge preservation, bridge rehabilitation or

replacement, safety, and mobility. Such capital report shall present

details by department region, within region by funding source, within

funding source by capital program category and within capital program

category by project phase, including by scoping, preliminary

engineering, right-of-way, final design and construction phase.

of each year thereafter, a highway pavement and bridge condition report

that details conditions of state highway pavement by department region

and statewide condition goals for pavement, the condition of state and

locally owned bridges by county and the statewide condition goals for

bridge conditions, as well as the respective goals for each of these

classes for the previous three years.

(d) (i) On or before June first, two thousand twenty-two and by June

first of each year thereafter, a report detailing the allocations and

disbursements made by the department for the prior state fiscal year of

capital funds appropriated for public transportation providers within

the metropolitan commuter transportation district that exclude the

metropolitan transportation authority and its subsidiaries, and for

public transportation providers outside the metropolitan commuter

transportation district. The report on capital fund use shall indicate

the amount of capital funds allocated and disbursed by the department to

each respective transportation provider by capital element, including,

but not limited to: rolling stock and buses, passenger stations, track,

line equipment, line structures, signals and communications, power

equipment, emergency power equipment and substations, shops, yards,

maintenance facilities, depots and terminals, service vehicles, security

systems, electrification extensions, and unspecified, miscellaneous and

emergency.

(ii) On or before June first, two thousand twenty-two and by June

first of every fifth year thereafter, the department shall conduct a

needs assessment for each public transportation provider, excluding the

metropolitan transportation authority and its subsidiaries, that

includes but is not limited to: vehicle age and condition, facility and

equipment state of good repair, and consistency with federal and state

system safety plans. For purposes of this subparagraph, the term "public

transportation provider" shall mean those public transportation systems

receiving capital funds from the state, and the term "public

transportation system" shall have the same meaning as such term is

defined in subdivision one of section eighteen-b of this article,

excluding the metropolitan transportation authority and its

subsidiaries.

§ 14-a — Preservation of agricultural lands, public park and recreational lands, wildlife and waterfowl refuges and historical sites

Preservation of agricultural lands, public park and

recreational lands, wildlife and waterfowl refuges and historical sites.

The commissioner of transportation shall cooperate and consult with the

commissioners of agriculture and markets, parks and recreation,

environmental conservation and health in developing transportation plans

and programs so that such programs include measures to maintain or

enhance the desirable natural characteristics of the land traversed.

Such cooperation and consultation shall be effected and implemented by

memoranda of understanding which shall be entered into between the

commissioner of transportation and each of such commissioners. Such

memoranda of understanding shall provide for review of proposed

transportation projects by such commissioners at all stages of progress,

including preliminary and final planning and during construction, and

for the cooperation by the department of transportation necessary to

facilitate such review. Such memoranda of understanding shall also

provide that the commissioner of transportation shall implement any

suggestion or recommendation made by any of such commissioners which he

deems feasible in connection with the preservation of agricultural

lands, lands of public parks and recreational areas, wildlife and

waterfowl refuges and historical sites.

§ 14-b — Highway safety powers and duties

Highway safety powers and duties. The department of

transportation shall have power to:

1. Advise and assist local authorities as defined in section one

hundred twenty-two of the vehicle and traffic law with their traffic

problems.

2. Maintain a continuous survey of traffic conditions on the public

highways of the state and recommend to the appropriate legislative body,

department or commission, such changes in rules, orders, regulations and

existing law, including measures for the relief of traffic congestion,

such as the construction or reconstruction of highways and elimination

of grade crossings, as the commissioner of transportation may deem

advisable.

3. Cooperate with the agencies of this and other states and of the

federal government which are connected with national defense, in the

formulation and execution of plans for the rapid and safe movement over

highways of troops, vehicles of a military nature, and materials

affecting the national defense.

4. Coordinate the activities of the department or agencies of the

state government in a manner which will best serve to effectuate any

such plan for the rapid and safe movement of troops, vehicles and

materials as referred to in subdivision three of this section.

5. Solicit the cooperation of officials of the various political

subdivisions of the state in the proper execution of plans.

6. Take an inventory, by counties, of the trucks and buses in the

state, publicly and privately owned, which would be available in case of

emergency affecting the national defense.

§ 14-c — Intercity rail passenger service program

Intercity rail passenger service program. * 1. The department

of transportation may cooperate and contract with the national railroad

passenger corporation for any intercity rail passenger services deemed

necessary, convenient or desirable by the commissioner, within the

amounts available by appropriation therefor, as such services are made

available pursuant to the provisions of the rail passenger service act

of nineteen hundred seventy and any acts amendatory or supplemental

thereto, subject to the approval of the director of the budget.

Notwithstanding any inconsistent law, general, special or local, the

commissioner, as funds are made available for the purposes hereof, is

hereby empowered to contract with such corporation and to do all other

things necessary, convenient or desirable on behalf of the state to

secure the full benefits available under and pursuant to such act, and

to contract and do all other things necessary as hereinafter provided on

behalf of the state to effect the intercity rail passenger service

program which he determines is necessary, convenient or desirable.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 1. The department of transportation may cooperate and contract with

the national railroad passenger corporation or if deemed necessary,

desirable or convenient by the commissioner to facilitate the purposes

of this section, with gateway development commission to the extent that

commission is so authorized to act under its authorizing statute, for

any intercity rail passenger services deemed necessary, convenient or

desirable by the commissioner, within the amounts available by

appropriation therefor, as such services are made available pursuant to

the provisions of the rail passenger service act of nineteen hundred

seventy and any acts amendatory or supplemental thereto, subject to the

approval of the director of the budget or pursuant to reimbursement

available from the gateway development commission, any railroad company,

any other state or agency, the federal government, any public authority

of this state or any other state or two or more states, or any political

subdivision or municipality of the state. Notwithstanding any

inconsistent law, general, special or local, the commissioner, as funds

are made available for the purposes hereof, is hereby empowered to

contract with such corporation or Commission and to do all other things

necessary, convenient or desirable on behalf of the state to secure the

full benefits available under and pursuant to such act and any other

federal act which provides funding for intercity rail passenger

services, and to contract and do all other things necessary as

hereinafter provided on behalf of the state to effect and facilitate

intercity rail passenger services which he determines is necessary,

convenient or desirable and the department of transportation may

cooperate and contract with gateway development commission for passenger

rail activities, to the extent that gateway development commission is so

authorized to act under its authorizing statute, provided, however, that

the department of transportation shall only contract with the gateway

development commission if such contract is approved by that commission's

board in accordance with its authorizing statute.

* NB Effective upon the enactment into law by the state of New Jersey

of certain legislation and repealed 15 years from effective date but

only repealed if federal funding that is necessary has not been granted

(see chapter 108/2019 § 10 sb (a) and sb (c))

* 1. The department of transportation may cooperate and contract with

the national railroad passenger corporation for any intercity rail

passenger services deemed necessary, convenient or desirable by the

commissioner, within the amounts available by appropriation therefor, as

such services are made available pursuant to the provisions of the rail

passenger service act of nineteen hundred seventy and any acts

amendatory or supplemental thereto, subject to the approval of the

director of the budget. Notwithstanding any inconsistent law, general,

special or local, the commissioner, as funds are made available for the

purposes hereof, is hereby empowered to contract with such corporation

and to do all other things necessary, convenient or desirable on behalf

of the state to secure the full benefits available under and pursuant to

such act, and to contract and do all other things necessary as

hereinafter provided on behalf of the state to effect the intercity rail

passenger service program which he determines is necessary, convenient

or desirable.

* NB Effective upon the repeal of the amendments enacted by chapter

108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

* 2. The commissioner shall coordinate the intercity rail passenger

activities of the state and other interested public and private

organizations and persons to effectuate the purposes of this section and

shall have the responsibility for negotiating with the federal

government with respect to intercity rail passenger service programs.

The commissioner is authorized to enter into joint service agreements

between the state and any railroad company, any other state department

or agency, the federal government, the Canadian government, any other

state or agency or instrumentality thereof, any public authority of this

state or any other state, or any political subdivision or municipality

of the state, relating to property, buildings, structures, facilities,

services, rates, fares, classifications, dividends, allowances or

charges (including charges between intercity rail passenger service

facilities), or rules or regulations pertaining thereto, for or in

connection with or incidental to transportation in part upon intercity

rail passenger service facilities. Intercity rail passenger service

facilities include the right of way and related trackage, rails, cars,

locomotives, or other rolling stock, signal, power, fuel, communication

and ventilation systems, power plants, stations, terminals, storage

yards, repair and maintenance shops, yards, equipment and parts, offices

and other real estate or personnel used or held for or incidental to the

operation, rehabilitation or improvement of any railroad operating

intercity rail passenger service or to operate such service, including

but not limited to buildings, structures, and rail property.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 2. The commissioner shall coordinate the intercity rail passenger

activities of the state and other interested public and private

organizations and persons to effectuate the purposes of this section and

shall have the responsibility for negotiating with the federal

government with respect to intercity rail passenger service programs.

The commissioner is authorized to enter into joint service agreements

and other agreements between the state and any railroad company, any

other state department or agency, the federal government, the Canadian

government, any other state, or agency or instrumentality thereof, any

public authority of this state or any other state or two or more states,

or any political subdivision or municipality of the state, relating to

property, buildings, structures, facilities, services, rates, fares,

classifications, dividends, allowances or charges (including charges

between intercity rail passenger service facilities), or rules or

regulations pertaining thereto, for or in connection with or incidental

to transportation in part upon intercity rail passenger service

facilities. Intercity rail passenger service facilities include the

right of way and related trackage, rails, cars, locomotives, or other

rolling stock, signal, power, fuel, communication and ventilation

systems, power plants, stations, terminals, tunnels, storage yards,

repair and maintenance shops, yards, equipment and parts, offices and

other real estate or personnel used or held for or incidental to the