§ 25.05 — Operation on highways

New York § 25.05

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Title D: Snowmobiles
• Art. 25: Control Provisions

Text

§ 25.05 Operation on highways. It shall be unlawful for any person to\ndrive or operate any snowmobile on a highway other than as follows:\n 1. Operation on thruway, interstate highways and controlled access\nstate highways prohibited. Except in a snow emergency as so declared\nunder the provisions of subdivision two of this section, snowmobiles\nshall not be operated on the state thruway or interstate and controlled\naccess state highways.\n 1-a. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for temporary snowmobile use a trail or\nportion of a trail listed in this subdivision within the right of way of\na state route. The commissioner's designation shall include conditions,\ndeveloped in consultation with the commissioner of transportation, on\nthe use of such trail by snowmobiles to provide for the safe use of such\nroute and the safe operation of snowmobiles on the trail. Designations\nmade under this subdivision shall be effective for no longer than a\nperiod of one year and may be renewed with the concurrence of the\ncommissioner of transportation. The following trails or portions thereof\nmay be temporarily designated for snowmobile use pursuant to this\nsubdivision:\n (a) state route one hundred four between the western county line of\nWayne county and the northern town line of the town of Hannibal in\nOswego county; and\n (b) state route three hundred seventy-four from the vicinity of route\nmarker 374-7102-1331 at the intersection of state route three hundred\nseventy-four and state route twenty-two to the vicinity of route marker\n374-7102-1250 in Cadyville near the intersection of state route three\nhundred seventy-four and state route three.\n 1-b. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for snowmobile use a trail within the\nright-of-way of state route three between state route one hundred four\nin the town of Hannibal and county route three in the town of Granby in\nOswego county. The commissioner's designation shall include conditions,\ndeveloped in consultation with the commissioner of transportation, on\nthe use of such trail by snowmobiles to provide for the safe use of\nstate route three and the safe operation of snowmobiles on the trail.\nDesignations made under this subdivision shall be effective for no\nlonger than a period of one year and may be renewed with the concurrence\nof the commissioner of transportation.\n 1-c. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for snowmobile use a trail within the\nright-of-way of state route eight in the town of Deerfield in Oneida\ncounty between mile marker/area locations route marker 8-2607-3237 and\nroute marker 8-2607-3260. The commissioner's designation shall include\nconditions, developed in consultation with the commissioner of\ntransportation, on the use of such trail by snowmobiles to provide for\nthe safe use of state route eight and the safe operation of snowmobiles\non the trail. Designations made under this subdivision shall be\neffective for no longer than a period of one year and may be renewed\nwith the concurrence of the commissioner of transportation.\n 1-d. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for snowmobile use a trail within the\nright-of-way of state route twelve in the town of Boonville in Oneida\ncounty between reference marker 12-2604-3212 and 12-2604-3213 and a\ntrail within the right-of-way of state route twenty-eight in the town of\nBoonville in Oneida county between reference marker 28-2607-1142 and\n28-2607-1143. The commissioner's designation shall include conditions,\ndeveloped in consultation with the commissioner of transportation, on\nthe use of such trails by snowmobiles to provide for the safe use of\nstate route twelve and state route twenty-eight and the safe operation\nof snowmobiles on the trails. Designations made under this subdivision\nshall be effective for no longer than a period of one year and may be\nrenewed with the concurrence of the commissioner of transportation.\n 1-e. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for snowmobile use a trail within the\nright-of-way of state route two hundred nineteen in the town of Concord\nin Erie county between reference marker 219-5314-1121 and 219-5314-1127.\nThe commissioner's designation shall include conditions, developed in\nconsultation with the commissioner of transportation, on the use of such\ntrail by snowmobiles to provide for the safe use of state route two\nhundred nineteen and the safe operation of snowmobiles on the trail.\nDesignations made under this subdivision shall be effective for no\nlonger than a period of one year and may be renewed with the concurrence\nof the commissioner of transportation.\n 1-f. Notwithstanding the provisions of subdivision one of this\nsection, the commissioner, with the concurrence of the commissioner of\ntransportation, may designate for snowmobile use a trail within the\nright-of-way of state route nine hundred fifty-four-h in the village of\nBemus Point in Chautauqua county between reference marker 17-5201-1282\nand 17-5201-1286. The commissioner's designation shall include\nconditions, developed in consultation with the commissioner of\ntransportation, on the use of such trail by snowmobiles to provide for\nthe safe use of state route nine hundred fifty-four-h and the safe\noperation of snowmobiles on the trail. Designations made under this\nsubdivision shall be effective for no longer than a period of one year\nand may be renewed with the concurrence of the commissioner of\ntransportation.\n 2. Emergencies. (a) In an emergency, for the purpose of emergency\ntravel only, during the period of time when and at locations where snow\nupon the highways renders travel by motor vehicles impractical, as so\ndeclared and permitted in the case of the state thruway by the thruway\nauthority, in the case of other state highways by the state agency or\nauthority having jurisdiction to regulate traffic thereon, and in the\ncase of other highways by the chief executive officer of the\nmunicipality having jurisdiction over such highways.\n (b) A snowmobile may also be operated on a highway otherwise closed to\nsnowmobile travel in emergency situations when the specific travel for a\nspecific purpose is authorized or directed by a peace or police officer,\nor a highway superintendent or executive officer of a county, town, city\nor village.\n 3. Highway crossings. On highways other than the thruway, interstate\nhighways and controlled access highways, snowmobiles may take a direct\ncrossing at any time of the day provided:\n (a) The crossing is made at an angle of approximately ninety degrees\nto the direction of the highway and at a place where no obstruction\nprevents a quick and safe crossing; and\n (b) The snowmobile is brought to a complete stop before crossing the\nshoulder or main traveled way of the highway; and\n (c) The driver yields the right of way to all oncoming traffic which\nconstitutes an immediate hazard; and\n 4. Culverts and bridges. Snowmobiles may be operated on highways other\nthan the thruway, interstate and controlled access highways, when\nnecessary to cross a bridge or culvert.\n 5. Unplowed highways. Snowmobiles may be operated on county, town,\ncity or village highways, or portions thereof, during the periods when\nand at locations where the highway is customarily unplowed and unused\nduring the winter months for vehicle travel. The governing body of a\ncounty, town, city or village shall designate those highways or portions\nthereof which are so customarily unplowed.\n 6. Outside banks. On highways other than the thruway, interstate and\ncontrolled access highways, snowmobiles may be operated on the outside\nbanks.\n 7. Highways designated by governmental agencies. Snowmobiles may be\noperated on the following portions of highways, other than the thruway,\ninterstate highways or controlled access state highways, which have been\ndesignated and posted as provided in section 25.09.\n (a) Shoulders and inside banks. On the shoulders and inside banks of\nsuch highways or portions thereof so designated;\n (b) Roadways. On roadways of such highways or portions thereof in case\nthe outside banks or shoulders are determined by the governmental agency\nto be impassable or non-existent by reason of prevailing snow conditions\nor conditions of terrain;\n (c) Access areas. On such highways, for a distance of not to exceed\nfive hundred yards when in the determination of the governmental agency\nconcerned it is otherwise impossible for snowmobiles to gain access to\nareas or trails adjacent to the highway, for the purpose only of gaining\naccess to and from the areas of operation.\n 8. Limitation on highway operation. (a) No person shall so operate a\nsnowmobile on any highway, when otherwise permitted, between sunset and\nsunrise except on the right side of such right of way and in the same\ndirection as the highway traffic or the nearest lane of the roadway\nadjacent thereto.\n (b) When operation on a roadway is permitted by any provision of this\narticle, snowmobiles shall travel in single file, shall not ride tandem\nor abreast each other except in overtaking another snowmobile, and shall\ntravel on the right side of the road in the same direction as the flow\nof vehicular traffic.\n (c) No person shall operate a snowmobile on or across a highway while\npulling a person on skis or drawing or towing a sleigh, sled or toboggan\nwhich carries or transports any person. No person on skis shall be\npulled by, and no person shall ride on or in a sleigh, sled or toboggan\nwhich is being towed or trailed by a snowmobile on a highway.\n (d) No person shall operate a snowmobile on the frozen surface of\npublic waters within one hundred feet of a person, including but not\nlimited to a skater, not in or upon a snowmobile or within one hundred\nfeet of a fishing shanty or shelter except at the minimum speed required\nto maintain forward movement of the snowmobile or on an area which has\nbeen cleared of snow for skating purposes unless the area is necessary\nfor access to the public water.\n (e) No person shall operate a snowmobile within one hundred feet of a\ndwelling between twelve o'clock midnight and six o'clock a.m., at a\nspeed greater than minimum required to maintain forward movement of the\nsnowmobile.\n 9. Emergency vehicle. The provisions of this section shall not apply\nto operation as emergency vehicle.\n