§ 1681 — State traffic-control devices

New York § 1681

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 8: Respective Powers of State and Local Authorities
• Art. 44: Traffic-control Devices

Text

§ 1681. State traffic-control devices. (a) The department of\ntransportation shall order the installation, operation, maintenance and\nremoval of such traffic-control devices, conforming to its manual and\nspecifications, upon all state highways maintained by the state or on\nany highway intersecting a state highway maintained by the state on the\napproach to such intersection as it may deem necessary to indicate and\nto carry out the provisions of this chapter or to regulate, warn, or\nguide traffic, and elsewhere as specifically authorized by this chapter.\n (b) The department of transportation may order the erection and\nmaintenance of suitable directional signs upon the streets of cities and\nvillages and upon county roads and town highways outside of cities and\nvillages within the state, to facilitate through traffic, provided\nconsent therefor is first obtained from the local authorities of the\ncity, village or town or the county superintendent of highways.\n (c) Except as otherwise provided the cost of providing, erecting,\nmaintaining and removing traffic-control devices ordered by the\ndepartment of transportation shall be paid from any moneys available for\nthe maintenance, repair or reconstruction of state highways upon\nvouchers approved by the department of transportation. However, the work\nof providing, erecting and removing such traffic-control devices may be\nperformed by contract in the same manner as provided for state highways\nin article three of the highway law, or, by the use of department of\ntransportation forces and equipment and all materials purchased\ntherefor, or by a combination of such methods, and the cost of such work\nmay be paid from such moneys available for the construction of state\nhighways. Except as herein provided, nothing shall be paid from such\nmoneys for providing, erecting or maintaining traffic-control signals or\nflashing signals used in connection with regulating traffic upon a\nhighway under the jurisdiction of the department of transportation at\nentrances to private property, and nothing shall be paid from such\nmoneys for maintaining traffic-control signals or flashing signals used\nin connection with regulating traffic upon a highway under the\njurisdiction of the department of transportation at entrances to\nschools. Upon determination by the department of transportation of the\nneed for such a signal, the department of transportation may permit any\nperson, firm, association, corporation or public body to provide and\nerect such signal in accordance with standards and specifications\nestablished by the department of transportation. The department of\ntransportation may require that some or all of the control equipment\nused in the signal construction be supplied by the state to ensure\nequipment quality and compatibility with state practices and the cost of\nsuch furnished equipment shall be reimbursed to the state by the party\nreceiving permission to provide and erect the signal.\n All signals erected on or after the first day of April, nineteen\nhundred eighty-six with permission of the department of transportation\nand in accordance with the standards and specifications established by\nthe department of transportation shall be maintained by the state. The\nparty which erected such signals shall pay the state an annual fee to be\ndetermined by the commissioner of transportation. Such fees shall cover\nthe cost of normal signal maintenance, but shall not include the cost of\nelectrical energy or major modifications or replacements which shall\nremain the responsibility of the party which erected the signal. The\ndepartment of transportation may, in its discretion, agree to assume the\nsame maintenance responsibility for signals erected with the permission\nof the department of transportation prior to the first day of April,\nnineteen hundred eighty-six, if the department of transportation\ndetermines that such signal substantially meets established standards\nand is in a satisfactory state of repair. The party which erected such\nsignals shall also pay the state an annual fee which shall be calculated\nin the same manner as fees for signals erected on or after the first day\nof April, nineteen hundred eighty-six.\n No such traffic signal or flashing signal erected with permission of\nthe department of transportation shall be removed except with the\nwritten consent of the department of transportation.\n The department of transportation shall have the right to revoke its\npermission to provide, erect or maintain such a signal and shall have\nthe right to require that the signal be removed without a hearing or\nnecessity of showing cause.\n (d) Signs posting speed limits established on county roads and town\nhighways as provided for in subdivision one of section sixteen hundred\ntwenty-two, and traffic-control devices posting traffic regulations on\nthe grounds of state departments and certain state institutions as\nprovided for in sections sixteen hundred twenty-three and sixteen\nhundred twenty-seven shall be provided, installed and maintained at\ntheir own expense by the county, town, state or state institution\nrespectively. Signs posting speed limits established as provided for in\nsubdivision two of section sixteen hundred twenty-two shall be provided,\ninstalled and maintained at its own expense by the town.\n (e) Except as otherwise provided for in section sixteen hundred\neighty-two no state agency, local authority or person shall place or\nmaintain any traffic-control device upon any state highway maintained by\nthe state except by permission of the department of transportation.\n