§ 375 — Equipment

§ 375. Equipment. 1. (a) Every motor vehicle, operated or driven upon\nthe public highways of the state, shall be provided with adequate brakes\nand steering mechanism in good working order and sufficient to control\nsuch vehicle at all times when the same is in use, and a suitable and\nadequate horn or other device for signaling, which horn or device shall\nproduce a sound sufficiently loud to serve as a danger warning but shall\nnot be used other than as a reasonable warning nor be unnecessarily loud\nor harsh.\n (b) Every such motor vehicle shall be equipped with suitable wipers or\nother device which shall clear a sufficient area of the windshields to\nprovide reasonable driving vision. (i) The use or placing of posters or\nstickers on windshields or rear windows of motor vehicles other than\nthose authorized by the commissioner, is hereby prohibited.\nNotwithstanding any other provision of law, a summons for operating a\nmotor vehicle in violation of this subparagraph shall only be issued\nwhen there is reasonable cause to believe that the person operating such\nmotor vehicle has committed a violation of the laws of this state other\nthan a violation of this subparagraph.\n (i-a) The attaching to windshields and windshield wipers of handbills\nand other forms of advertisements, is hereby prohibited.\n (ii) In a city of one million or more, the attaching or affixing by\nany means whatsoever of handbills or other forms of advertisements to a\nmotor vehicle is hereby prohibited. In any prosecution for an alleged\nviolation of this subparagraph, there shall be a rebuttable presumption\nthat the person whose name, telephone number, or other identifying\ninformation appears on any handbill or other form of advertisement\nattached or affixed to a motor vehicle shall be in violation of the\nprovisions of this subparagraph.\n (iii) Notwithstanding any other provision of law, in addition to those\npersons otherwise authorized to enforce this subdivision and adjudicate\nviolations thereof, the provisions of subparagraph (ii) of this\nparagraph shall also be enforceable in a city having a population of one\nmillion or more by an agency or agencies designated for such purpose by\nthe mayor of such city, and notices of violation may be returnable to\nthe environmental control board of such city, which shall have the power\nto impose the monetary penalties provided in subdivision (b) of section\neighteen hundred of this chapter. Notwithstanding any other provision of\nlaw, service of a notice of violation of subparagraph (ii) of this\nparagraph committed in such city may be made upon a person by first\nclass mail, postage prepaid, and any such notice served by mail shall be\nreturnable only to such environmental control board. Such service by\nfirst class mail shall be deemed complete upon mailing of the notice of\nviolation, unless the notice of violation is returned to the sender by\nthe United States postal service for any reason other than refusal of\ndelivery. In addition, any notice of violation for a violation of\nsubparagraph (ii) of this paragraph may be served by a means prescribed\nin article three of the civil practice law and rules or article three of\nthe business corporation law. Notwithstanding any other provision of\nlaw, such penalties imposed by such environmental control board shall be\npaid into the general fund of such city.\n (iv) Any final order issued pursuant to subparagraph (ii) of this\nparagraph by an environmental control board of a city having a\npopulation of one million or more shall constitute a judgment which may\nbe entered in any place provided for the entry of civil judgments within\nthe state, and may be enforced without court proceeding in the same\nmanner as the enforcement of money judgments entered in civil actions.\nNotwithstanding the preceding sentence, before a judgment based upon a\ndefault may be so entered, such environmental control board must have\nnotified the respondent by first class mail in such form as such\nenvironmental control board may direct: (A) of the default decision and\norder and the penalty imposed; (B) that a judgment will be entered in\nany place provided for the entry of civil judgments in the state; and\n(C) that the entry of such judgment may be avoided by requesting a stay\nof default for good cause shown and either requesting a hearing or\nentering a plea pursuant to the rules of such environmental control\nboard within thirty days of the mailing of such notice. No judgment\nbased upon a default may be so entered by the environmental control\nboard within thirty days of the mailing of such notice. No judgment\nbased upon a default may be so entered by the environmental control\nboard within less than sixty days from the completion of service by mail\nof the notice of violation as provided in subparagraph (iii) of this\nparagraph. Any requirement of any provision of law other than this\nsubdivision that related to the manner of service of the notice of\nviolation that precedes any final order of such environmental control\nboard shall not apply to a final order issued pursuant to this\nsubparagraph. A judgment entered pursuant to this subdivision shall\nremain in full force and effect for eight years.\n (c) Every trailer and semi-trailer weighing more than one thousand\npounds unladen and every trailer and semi-trailer manufactured or\nassembled on or after January first, nineteen hundred seventy-one having\na registered maximum gross weight, an actual gross weight or gross\nweight consisting of the unladen weight and maximum carrying capacity\nrecommended by the manufacturer in excess of three thousand pounds also\nshall be equipped with adequate brakes in good working order if operated\nor drawn on the public highways of this state. Every trailer while being\ndrawn upon the public highways of this state shall be so attached to the\nvehicle drawing the same as to prevent the wheels of such trailer from\nbeing deflected more than six inches from the path of the towing\nvehicle's wheels. On and after January first, nineteen hundred\nseventy-one every trailer, except a semi-trailer, while being drawn upon\nthe public highways of this state, shall be attached to the vehicle\ndrawing the same by a device of a type approved by the commissioner.\n (d) The commissioner shall make rules prescribing standards of brake\nefficiency, except for motor vehicles the standard of brake efficiency\nof which are fixed by the department of public service, and no brakes\nshall be deemed adequate within the meaning of this subdivision unless\nthey meet the requirements of such rules. Such rules shall be filed in\nthe office of the secretary of state and thereafter published once in\nthe state advertising bulletin and shall become effective one month\nafter such publication. Any amendment to such rules shall be likewise\nfiled and published and shall take effect one month after such\npublication.\n (e) No operator or registered owner of any motor vehicle having a\nregistered maximum gross weight of eighteen thousand pounds or more\nshall disconnect or knowingly permit the disconnection of any set of\nservice brakes on such motor vehicle. Any violation of the provisions of\nthis paragraph shall occur only when such vehicle is actually operated\non the public highways. Such violation shall be punishable as a\nmisdemeanor.\n 2. (a) Every motor vehicle except a motorcycle, driven upon a public\nhighway during the period from one-half hour after sunset to one-half\nhour before sunrise or at any other time when windshield wipers are in\nuse, as a result of rain, sleet, snow, hail or other unfavorable\natmospheric condition, and at such other times as visibility for a\ndistance of one thousand feet ahead of such motor vehicle is not clear,\nshall display:\n 1. at least two lighted head lamps on the front, one on each side,\nhaving light sources of equal power;\n 2. if manufactured prior to January first, nineteen hundred fifty-two,\nat least one lighted lamp on the rear which shall display a red light\nvisible from the rear for a distance of at least five hundred feet;\n 3. if manufactured on or after January first, nineteen hundred\nfifty-two, at least two lighted lamps on the rear, one on each side,\nwhich lamps shall display a red light visible from the rear for a\ndistance of at least one thousand feet; and\n 4. if required to display a number plate on the rear, a white light\nwhich shall illuminate the numerals on such plate in such manner as to\nrender such numerals legible for at least fifty feet from the rear. The\nprovisions of this subparagraph shall also apply to trailers.\n (b) All lamps used on a motor vehicle except a motorcycle shall be so\narranged, adjusted and operated, as to avoid dangerous glare or dazzle.\nExcept as provided in paragraph (d) of this subdivision, the upper\noutline of any beam of dazzling light projected to the left of the\nlongitudinal axis of the vehicle by the lowermost light distribution of\na headlamp designed to produce more than one light distribution, or by\nthe single light distribution of any other lamp used on such a motor\nvehicle, shall not rise higher than the lamp center at a distance of\ntwenty-five feet nor higher than forty-two inches at a distance of\nseventy-five feet. In each case, the height of the beam shall be\nmeasured from the plane upon which the vehicle stands and the distance\nshall be measured from the lamp projecting the light.\n (c) No lamp shall be used on a motor vehicle having a light source\ngreater than thirty-two candle power, unless such lamp is approved by\nthe commissioner as provided by this section. The provisions of this\nparagraph shall not apply to any light which is permitted to be\ndisplayed only on an authorized emergency vehicle, a hazard vehicle or a\nvehicle which is permitted to display a blue or green light pursuant to\nparagraphs four and five of subdivision forty-one of this section.\n (d) A motor vehicle, other than a motorcycle, equipped with any device\nsuch as, but not limited to, a snow plow blade, which blocks or impairs\nthe projection of light from the headlamps of such vehicle, shall be\nequipped with at least two additional headlamps on the front which\nheadlamps meet all the requirements of this subdivision for headlamps\nexcept those provisions of paragraph (b) of this subdivision\nspecifically limiting the height of the beam of any headlamp.\n 3. Headlamps required pursuant to the provisions of subdivision two of\nthis section may be of the multiple beam type designed to produce more\nthan one distribution of light or of the single beam type designed to\nproduce only one distribution of light.\n Provided that, whenever a vehicle approaching from ahead is within\nfive hundred feet, or when approaching a moving vehicle from the rear\nand within two hundred feet of the same, the headlamps, if of the\nmultiple beam type, or the auxiliary front facing lamps, if the vehicle\nis so equipped, shall be operated so that dazzling light does not\ninterfere with the driver of the approaching vehicle, or the vehicle\nbeing approached, and, whenever the highway is so lighted or traffic\nthereon is such that illumination of the highway for more than two\nhundred feet ahead of the vehicle by lights on such vehicle is\nunnecessary or impracticable, the headlamps, if of the multiple beam\ntype, or the auxiliary front facing lamps, if the vehicle is so\nequipped, shall be operated with the lowermost distribution of light in\nuse. Nothing contained in this subdivision shall be construed to prevent\nthe use of flashing high beams to signify an intention to pass a vehicle\nor vehicles when two or more vehicles are traveling in the same\ndirection, the operation of any headlamp as defined in paragraph d of\nsubdivision two of this section, nor shall it apply to any auxiliary\nfront facing lamp permitted to be displayed only on an authorized\nemergency vehicle.\n 4. No headlamp shall be used upon any motor vehicle except a\nmotorcycle operated upon the public highways of this state, unless such\nlamp is approved by the commissioner or is equipped with a lens or other\ndevice approved by the commissioner. Every such headlamp, lens or other\ndevice shall be applied and adjusted in accordance with the requirements\nof the certificate approving the use thereof. Every such headlamp shall\nbe firmly and substantially mounted on the motor vehicle in such manner\nas to allow the lamp to be properly and readily adjusted. The operator\nof every motor vehicle shall permit any police officer or other person\nexercising police powers to inspect the equipment of such motor vehicle,\nand make such tests as may be necessary to determine whether the\nprovisions of this section are being complied with.\n Any certificate of approval heretofore issued pursuant to law, or\nhereafter issued by the commissioner may be revoked by the commissioner,\nafter a hearing of which the person or corporation named therein, or his\nor its successor in interest, shall have been given reasonable notice\nand an opportunity to appear and be heard upon the ground that the\ndevice does not comply with the provisions of this section, and the\nrules and regulations of the commissioner and the decision of the\ncommissioner revoking such certificate shall be final; such revocation,\nhowever, of a lens or other headlighting device heretofore or hereafter\napproved shall not take effect until six months after the decision of\nthe commissioner revoking the same and shall apply only to vehicles\nmanufactured and used thereafter on the highways of this state.\n The foregoing provisions governing lights on motor vehicles do not\napply to so-called dimmers the use of which is permitted or required by\nlocal ordinances.\n The commissioner may make such rules and regulations relative to\nlights on motor vehicles and the approval of the same as are not\ninconsistent with the specific provisions of this section.\n 7. It shall be unlawful for any person, firm, association or\ncorporation to sell or offer for sale a headlighting device without\ndelivering therewith to the purchaser a printed sheet of instructions\ndescribing the device in detail, its method of mounting, arrangement and\nadjustment and specifying the candle power of the lamps to be used\nthereon and any other matter that may be necessary to insure compliance\nin the use of such device with the provisions of this article and the\ncertificate of approval. Such instructions shall be printed with a\nphotogravure of the pattern of light from one headlight shown on a\nregulation testing screen with respect to a horizontal cross line placed\nacross the face of such screen at a height equal to the height of the\ncenter of such headlight, and with the headlight adjusted in accordance\nwith the rules and regulations of the commissioner. The sale of a\nheadlighting device not approved under the provisions of this section is\nprohibited. A violation of any of the provisions of this subdivision\nshall be a misdemeanor.\n 9. Every omnibus operating upon the public highways of the state\nhaving a carrying capacity of ten or more passengers, shall be equipped\nwith one hand fire extinguisher of at least 4 B:C Underwriters'\nLaboratories rating or a similar rating by any qualified laboratory or\ntesting organization which meets the criteria of American Society for\nTesting Materials test E548-76. Fire extinguishers shall be kept in good\noperating condition at all times and must be mounted in a place readily\naccessible for use.\n 10. a. Every motor vehicle, when driven or operated upon a public\nhighway, shall be equipped with a mirror or other reflecting device so\nadjusted that the operator of such vehicle shall have a clear and full\nview of the road and condition of traffic behind such vehicle.\n b. In addition to the above requirements, an omnibus having a capacity\nof ten or more passengers registered in this state and manufactured or\nassembled after July first, nineteen hundred seventy, shall be equipped\nwith a mirror attached to the right side of such vehicle and so adjusted\nthat the driver thereof shall have a clear and full view of the road and\ncondition of traffic behind such vehicle.\n c. Every passenger motor vehicle registered in this state and\nmanufactured or assembled after June thirtieth, nineteen hundred\nsixty-nine, and designated as a nineteen hundred seventy or subsequent\nyear model, shall be equipped with adjustable interior mirrors meeting\nspecifications established by the commissioner which specifications may\nprovide minimum and maximum reflectance values.\n d. Every new passenger-type motor vehicle, except a motorcycle,\nmanufactured for sale in New York state on or after January first, in\nthe year next succeeding the effective date of this paragraph shall be\nmanufactured with an interior rear-view mirror of the selective position\nprismatic type with a reflectance value in the night driving position of\nat least four percent; or its functional equivalent. For purposes of\nthis section, "passenger-type motor vehicle" shall mean any motor\nvehicle with a seating capacity of not more than fifteen adults, not\nincluding the driver, that is equipped with one or more rear windows.\nAny violation of the provisions of this paragraph by any manufacturer\nshall constitute an offense and shall be punishable by a civil fine of\nnot more than seven hundred fifty dollars for each offense.\n e. Every single-unit motor vehicle registered in this state, operated\nfor commercial purposes and having a cube style or enclosed walk-in\ndelivery bay, where such delivery bay has a length of eight feet six\ninches or more, but not exceeding a length of eighteen feet, shall be\nequipped with a cross-view back-up mirror system, rear video system,\nrear object detection system , or other device, which enables the driver\nof the vehicle to detect by means of a visual, or visual and audible\nwarning-indicator, persons and objects located directly behind the\nvehicle. The commissioner is hereby authorized to promulgate regulations\nproviding specifications for mirrors or other devices as required by\nthis paragraph.\n f. Every sani-van and motor vehicle commonly classified as a garbage\ntruck purchased on or after January first, two thousand eight and\nregistered in this state, which is operated in and engages in the\ncollection of garbage or refuse in the county of Westchester shall be\nequipped with a rear video system, rear object detection system, or\nother device which enables the driver of the vehicle to detect by means\nof a visual, or visual and audible warning-indicator, persons and\nobjects located directly behind the vehicle. The commissioner is hereby\nauthorized to promulgate regulations providing specifications for\nmirrors or other devices as required by this paragraph. Provided,\nhowever, that the provisions of this paragraph shall not apply to motor\nvehicles commonly classified as rolloff vehicles that are used for the\nexpress purpose of transporting waste containers such as open boxes or\ncompactors.\n 10-a. It shall be unlawful after July first, nineteen hundred\nsixty-seven to operate on any public highway in this state any motor\nvehicle registered in this state, manufactured or assembled on or after\nsuch date, and designated as a nineteen hundred sixty-eight or later\nmodel, unless such vehicle is equipped with an adjustable side view\nmirror which shall be affixed to the left outside of such vehicle and\nwhich shall be adjustable so that the operator of such vehicle may have\na clear view of the road and condition of traffic on the left side and\nto the rear of such vehicle.\n 10-b. It shall be unlawful after June thirtieth, nineteen hundred\nseventy-three to operate on any public highway or street in this state,\nany passenger type motor vehicle except convertible, suburban and\nomnibus or other motor vehicle that has a roll-down rear window or a\nrear window or windows located in a movable closure (door-like) member\nregistered in this state, manufactured or assembled after said date, and\ndesignated as a nineteen hundred seventy-four or subsequent model unless\nsuch vehicle be equipped with a rear window defogger or defroster, which\nshall be so located and adjusted that its operation will give the\noperator of such vehicle, by means of the mirror or other reflecting\ndevice required by subdivision ten of this section, a view of the road\nand the condition of traffic behind such vehicle.\n 10-c. It shall be unlawful after June thirtieth, nineteen hundred\neighty-five to operate on any public highway or street in this state,\nany passenger type motor vehicle that has a rear window or windows\nlocated in a movable closure (door-like) member, except for a\nmultipurpose passenger vehicle (designed to carry ten persons or less\nand constructed either on a truck chassis or with special features for\noccasional off-road operation) registered in this state and manufactured\nor assembled after said date, and designated as a nineteen hundred\neighty-six or subsequent model unless such vehicle be equipped with a\nrear window defogger or defroster, which shall be so located and\nadjusted that its operation will give the operator of such vehicle, by\nmeans of the mirror or other reflecting device required by subdivision\nten of this section, a view of the road and the condition of traffic\nbehind such vehicle.\n 10-d. It shall be unlawful after December thirty-first, nineteen\nhundred ninety-two to operate on any public highway or street in this\nstate, any passenger type motor vehicle that has a rear window located\nin a single movable closure (door-like) member and which has a\nnon-removeable top, registered in this state and manufactured or\nassembled after said date, and designated as a nineteen hundred\nninety-three or subsequent model unless such vehicle be equipped with a\nrear window defogger or defroster, which shall be so located and\nadjusted that its operation will give the operator of such vehicle, by\nmeans of the mirror or other reflecting device required by subdivision\nten of this section, a view of the road and the condition of traffic\nbehind such vehicle.\n * 10-e. Every truck, tractor, and tractor-trailer or semitrailer\ncombination registered in this state having a gross vehicle weight\nrating of twenty-six thousand pounds or more, and a conventional cab\nconfiguration in which more than half of the engine length is forward of\nthe foremost point of the windshield base and the steering wheel hub is\nin the forward quarter of the vehicle length, whenever operated within a\ncity having a population of one million or more on highways other than\ncontrolled-access highways, shall be equipped with a convex mirror on\nthe front of such vehicle or combination of vehicles. When such vehicle\nor combination of vehicles is being operated, such mirror shall be\nadjusted so as to enable the operator thereof to see all points on an\nimaginary horizontal line which: (a) is three feet above the road, (b)\nis one foot directly forward from the midpoint of the front of such\nmotor vehicle, and (c) extends the full width of the front of such\nvehicle or combination of vehicles. Provided, however, the commissioner,\nin consultation with the commissioner of transportation, may promulgate\nrules and regulations exempting from the requirements of this\nsubdivision any vehicle or combination of vehicles where such\ncommissioner has determined that the use of such convex mirrors would\nnot increase the visibility of persons or objects located directly in\nfront of such vehicle or combination of vehicles.\n * NB Repealed upon conditions set forth in chapter 138 of 2011 § 2\n 11. It shall be unlawful after January first, nineteen hundred\nthirty-four to operate on any public highway or street, in this state, a\nmotor vehicle manufactured or assembled after said date, designed or\nused for the purpose of carrying passengers for hire, or as a public\nconveyance to transport school children and others, unless such vehicle\nbe equipped with safety glass wherever glass is used in doors, windows\nand windshields.\n 12. It shall be unlawful to operate on any public highway or street in\nthis state any motor vehicle registered in New York state unless such\nvehicle be equipped with safety glass wherever glass is used in doors,\nwindows and windshields. For the purposes of this subdivision, any\ndevice other than a trailer, which is attached to or carried upon a\nmotor vehicle and which lawfully can be occupied while the motor vehicle\nis in motion, shall be considered a part of such motor vehicle.\n 12-a. (a) Every motor vehicle, except a motorcycle, when driven or\noperated upon a public highway, road or street shall be equipped with a\nfront windshield in a fixed and more or less upright position\nconstructed of safety glass as defined in subdivision fourteen of this\nsection and required by subdivisions eleven and twelve hereof. No person\nshall drive any motor vehicle with any sign or other nontransparent\nmaterial other than a certificate or paper required to be displayed by\nlaw upon the front windshield or the sidewings or side windows on either\nside forward of or adjacent to the operator's seat.\n (b) No person shall operate any motor vehicle upon any public highway,\nroad or street:\n (1) the front windshield of which is composed of, covered by or\ntreated with any material which has a light transmittance of less than\nseventy percent unless such materials are limited to the uppermost six\ninches of the windshield; or\n (2) the sidewings or side windows of which on either side forward of\nor adjacent to the operator's seat are composed of, covered by or\ntreated with any material which has a light transmittance of less than\nseventy percent; or\n (3) if it is classified as a station wagon, sedan, hardtop, coupe,\nhatchback or convertible and any rear side window has a light\ntransmittance of less than seventy percent; or\n (4) the rear window of which is composed of, covered by or treated\nwith any material which has a light transmittance of less than seventy\npercent. A rear window may have a light transmittance of less than\nseventy percent if the vehicle is equipped with side mirrors on both\nsides of the vehicle so adjusted that the driver thereof shall have a\nclear and full view of the road and condition of traffic behind such\nvehicle.\n (c) Any person required for medical reasons to be shielded from the\ndirect rays of the sun and/or any person operating a motor vehicle\nbelonging to such person or in which such person is an habitual\npassenger shall be exempt from the provisions of subparagraphs one and\ntwo of paragraph (b) of this subdivision provided the commissioner has\ngranted an exemption and notice of such exemption is affixed to the\nvehicle as directed by the commissioner. The applicant for such\nexemption must provide a physician's statement with the reason for the\nexemption, the name of the individual with a medically necessary\ncondition operating or transported in the vehicle, the specific\ncondition involved, and the minimum level of light transmission\nrequired. The commissioner shall only authorize exemptions where the\nmedical condition certified by the physician is contained on a list of\nmedical conditions prepared by the commissioner of health pursuant to\nsubdivision sixteen of section two hundred six of the public health law.\nIf such such exemption is granted, the commissioner shall make a record\nthereof and shall distribute a sufficiently noticeable sticker to the\napplicant to be attached to any window so shielded or altered pursuant\nto such exemption.\n (d) The commissioner may test any window for a person who has been\ncharged with violating this subdivision. If such window is found to be\nin conformity with this subdivision, a small label attesting to the\nconformity shall be affixed to the window tested.\n (e) On and after January first, nineteen hundred ninety-two, no person\nshall manufacture, sell, offer for sale, equip or operate a motor\nvehicle in this state in violation of the provisions of this\nsubdivision, except that a person may operate a nineteen hundred\nninety-one or earlier model year vehicle without violating this\nsubdivision if the windows on said vehicle were in conformity with this\nsubdivision as it existed on December thirty-first, nineteen hundred\nninety-one.\n (f) The commissioner shall make such rules and regulations as he shall\ndeem necessary to carry out the provisions of this subdivision.\n (ff) Notwithstanding any other provision of this section or any other\ngeneral, special or local law, charter, administrative code, ordinance,\nrule or regulation to the contrary, any person operating a motor vehicle\nin a burial or funeral procession while travelling to or from a funeral,\ninterment or cremation may place a funeral sign no larger than eight and\none half by fourteen inches in any window of such vehicle, as long as\nsuch sign when so placed will not prevent such person from having a\nclear and full view of the road and the condition of traffic behind such\nvehicle.\n 13. It shall be unlawful for any person, firm or corporation to\nreplace glass in doors, windows, or windshields of motor vehicles unless\nsuch replacement be made with safety glass.\n 14. The term "safety glass" as used in this section shall be construed\nto mean any product composed of glass, so manufactured, fabricated or\ntreated as substantially to prevent shattering and flying of the glass\nwhen struck or broken, or such other or similar product as may be\napproved by the commissioner.\n 15. The commissioner of motor vehicles shall maintain a list of types\nof glass approved by him as conforming to the specifications and\nrequirements for safety glass as set forth in this section, and shall\nnot issue a license for or relicense any motor vehicle subject to the\nprovisions of subdivisions eleven and twelve unless such motor vehicle\nbe equipped as therein provided with such approved type of glass.\n 16. The owner and operator of any motor vehicle operated in violation\nof the provisions of subdivisions eleven and twelve shall be guilty of a\ntraffic infraction. In case of the violation of such subdivisions by any\ncommon carrier or person operating under a permit issued by the public\nservice commission (or other authorized body or person), said permit\nshall be revoked, or, in the discretion of the commissioner, suspended\nuntil the provisions of such subdivisions are satisfactorily complied\nwith.\n 17. Every omnibus having a seating capacity of more than ten\npassengers, every truck having a maximum gross weight in excess of\ntwelve thousand pounds and every combination of tractor and trailer\noperated upon a public highway shall carry emergency lighting equipment\nready at all times for immediate use. The equipment of the vehicle or\ncombination of vehicles may consist of flares of the type used by\nrailroads, flaring candles, torches, lanterns or red emergency\nreflectors provided it is adequate to provide a warning light in all\nkinds of weather both in front of and in the rear of the vehicle for at\nleast eight hours. No red emergency reflector shall be deemed adequate\nwithin the meaning of this subdivision unless it is of a size and type\napproved by the commissioner, and conforms to minimum specifications\nestablished by him, which minimum shall not be less than the minimum\nestablished by the interstate commerce commission for buses and trucks\nin interstate commerce. When any such vehicle or a combination of\nvehicles, except an omnibus which stops for the purpose of taking on or\ndischarging passengers, is parked or left standing on a public highway\nexcept within a city or incorporated village, during the period from\none-half hour after sunset to one-half hour before sunrise, the operator\nof such vehicle or combination of vehicles shall cause at least one\nlight, or reflector or lighted flare to be placed on the highway in\nfront of such vehicle or combination of vehicles, and at least one\nlight, reflector or lighted flare on the highway in the rear of such\nvehicle or combination of vehicles at a distance of approximately one\nhundred feet in the front of and at the rear of such vehicle or\ncombination of vehicles, provided that if such vehicle is parked or left\nstanding within three hundred feet of a curve, crest of hill, or other\nobstruction, the flare, candle, torch, lantern, or reflector in that\ndirection shall be so placed as to afford ample warning to other highway\nusers but in no case less than approximately one hundred feet or more\nthan approximately three hundred feet from the stopped vehicle.\n 18. Except as otherwise provided herein, it shall be unlawful to\noperate on any public highway or street in this state any motor vehicle,\nor combination of motor vehicle and trailer, so constructed or so loaded\nthat the driver thereof is unable to indicate clearly by hand signals to\napproaching and following traffic his intention of stopping or turning,\nunless such motor vehicle or combination of vehicles shall be equipped\nwith directional signals approved by the commissioner, provided,\nhowever, it shall be unlawful after January first, nineteen hundred\nfifty-two to operate on any public highway or street in this state any\nmotor vehicle registered in this state, manufactured or assembled after\nsaid date unless such vehicle be equipped with directional signals\napproved by the commissioner. It shall also be unlawful to fail to cause\nsuch signals to be maintained, at all times in good and sufficient\nworking order. The provisions of this subdivision shall not apply to\nspecial purpose commercial motor vehicles registered under schedule F of\nsubdivision seven of section four hundred one of this chapter or to a\nvehicle or combination of vehicles lawfully operated under registration\nissued, under section four hundred fifteen of this chapter or under a\nsimilar provision of the law of another jurisdiction.\n 18-a. Any motor vehicle may be equipped with and every motor vehicle\nregistered in this state and manufactured or assembled after June\nthirtieth, nineteen hundred sixty-five, and designated as a nineteen\nhundred sixty-six or subsequent year model, shall be equipped with a\ndevice, approved by the commissioner, by means of which the operator may\ncause the two front and two rear directional signals to flash\nsimultaneously for the purpose of warning the operators of other\nvehicles of the presence of a vehicular traffic hazard requiring the\nexercise of unusual care in approaching, overtaking or passing. The\nprovisions of this subdivision requiring that certain motor vehicles\nshall be so equipped shall not apply to special purpose commercial motor\nvehicles registered under schedule F of subdivision seven of section\nfour hundred one or to a vehicle or combination of vehicles lawfully\noperated under registration issued under section four hundred fifteen.\n 19. It shall be unlawful for the owner to operate, park or stand a\nmotor vehicle or trailer on any public highway or street in this state,\nor to authorize another to so operate, park or stand a motor vehicle or\ntrailer, with the consent of such owner, expressed or implied, unless\nsuch motor vehicle or trailer be equipped and lighted as provided by\nthis section and by section three hundred seventy-six, and the\noperation, parking or standing on a public highway or street in this\nstate of a motor vehicle or trailer which is not so equipped and lighted\nor which is defectively equipped and lighted is hereby prohibited.\n 20. Every omnibus having a seating capacity of more than seven\npassengers, used exclusively to transport pupils, teachers and other\npersons acting in a supervisory capacity to and from school or school\nactivities, or to transport children, instructors or other persons\nacting in a supervisory capacity to and from child care centers\nmaintained for migrant farm and food processing laborers or to transport\nchildren, instructors or other persons acting in a supervisory capacity\nto and from camp or camp activities, or to transport children,\ninstructors or other persons acting in a supervisory capacity to and\nfrom religious services or instruction shall be equipped in the manner\nprovided by this subdivision and any such omnibus used by any state\nfacility or not-for-profit agency licensed by the state and used to\ntransport persons with disabilities, instructors or other persons acting\nin a supervisory capacity may be equipped in the manner provided by this\nsubdivision:\n (a) For each such omnibus having a seating capacity in excess of\nfifteen children, there shall be colored flashing signal lamps\nconforming to regulations prescribed by the commissioner on the front\nand on the rear thereof, including at least one flashing red signal lamp\non the front thereof and at least one flashing red signal lamp on the\nrear thereof. For each such omnibus having a seating capacity of not\nmore than fifteen children, there shall be colored flashing signal lamps\nconforming to regulations prescribed by the commissioner facing the\nfront and facing the rear thereof, and at least one flashing red signal\nlamp facing the front thereof and at least one flashing red signal lamp\nfacing the rear thereof. The driver of every such vehicle shall keep\nsuch red signal lamps lighted whenever passengers are being received or\ndischarged or whenever he has stopped within fifty feet to the rear of a\nvehicle with such red signal lamps lighted, and shall light all other\nrequired signal lamps, as a warning, prior to stopping to receive or\ndischarge passengers in accordance with regulations prescribed by the\ncommissioner.\n (b) (1) In addition to such signal lamps, two signs shall be\nconspicuously displayed on the exterior of every such omnibus\ndesignating it as a school omnibus by the use of the words "SCHOOL BUS"\nwhich shall be painted or otherwise inscribed thereon in black letters.\nSuch letters shall be of uniform size, at least eight inches in height,\nand each stroke of each letter shall be not less than one inch in width.\nThe background of each such sign shall be painted the color known as\n"national school bus chrome." For each such omnibus having a seating\ncapacity in excess of fifteen children, such signs shall be securely\nmounted on top of such vehicle, one of which shall be affixed on the\nfront and one on the rear thereof. For each such omnibus having a\nseating capacity of not more than fifteen children, such signs shall be\nsecurely mounted on top of such vehicle, one of which shall face the\nfront and one of which shall face the rear thereof. Each such sign shall\nbe visible and readable from a point at least two hundred feet distant.\n (2) The universal handicapped symbol shall be conspicuously displayed\non the exterior of every omnibus equipped with a wheelchair lift which\ntransports children with disabilities. The commissioner shall promulgate\nregulations regarding the size and location of such universal\nhandicapped symbol. The commissioner shall require that any new signage\nrelating to accessibility installed or replaced on or after the\neffective date of the chapter of the laws of two thousand fourteen which\namended this subparagraph depict the logo promulgated by the secretary\nof state pursuant to section one hundred one of the executive law.\n (c) In the event such vehicle is operated on a public highway during\nthe period between one-half hour after sunset and one-half hour before\nsunrise, the signs required by paragraph (b) of this subdivision shall\nbe illuminated as to be visible from a point at least five hundred feet\ndistant.\n (d) Every such omnibus shall be equipped as provided in paragraphs (a)\nand (b) of this subdivision, and such signs shall be displayed and\nilluminated in accordance with paragraphs (b) and (c) of this\nsubdivision, and such signal lamps shall be operated as provided in\nparagraph (a) of this subdivision at all times when such omnibus shall\nbe engaged in transporting pupils to and from school or school\nactivities or in transporting children to and from child care centers\nmaintained for children of migrant farm and food processing laborers, or\nin transporting children to and from camp or camp activities or\ntransporting children to and from religious services or instruction or\ntransporting persons with disabilities on any such omnibus used by any\nstate facility or not-for-profit agency licensed by the state.\n (e) Every such omnibus, having its engine located ahead of the driver,\nwith a seating capacity of more than twelve school children shall be\nequipped with a mirror, convex in shape, at least eight inches in\ndiameter, firmly mounted at hood, windshield or fender-top height in\nfront of the bus. It shall be located on either the left or right side\nof the bus in such manner that the seated driver may observe through its\nuse the road from the front bumper forward to the point where direct\nobservation is possible.\n (f) The commissioner of motor vehicles is hereby authorized and\nempowered to adopt and, from time to time, to amend such regulations,\nnot inconsistent with this subdivision, governing the color, number,\nsize, type, construction and use of such signal lamps and signs, as he\nmay deem necessary for public safety. On and after July first, nineteen\nhundred fifty-one, no such signal lamp or sign shall be deemed to comply\nwith the requirements of this subdivision unless it is of a size and\ntype approved by the commissioner and unless it shall conform to the\nspecifications prescribed and promulgated by him.\n (g) In the event, however, that such an omnibus, equipped as herein\nprovided, shall cease to be used to transport pupils or pupils and\nteachers or children of migrant laborers and migrant child care center\ninstructors, or children and camp instructors, the equipment, markings\nand paint, herein provided for, shall be removed and changed within\nfifteen days after relicense. Nothing contained in this section,\nhowever, shall be deemed to waive any other requirements as to\nequipment, markings and paint, contained in this chapter.\n (h) All the provisions of this chapter relating to school buses shall\napply with equal force and effect to buses used in transporting children\nand instructors to and from child care centers maintained for children\nof migrant farm and food processing laborers and to buses used in\ntransporting children to and from camp or camp activities and to buses\nused in transporting children to and from religious services or\ninstruction. As used in this subdivision, camp or camp activities shall\nmean day camp or day camp activities respectively.\n (i) Every omnibus subject to the provisions of this subdivision shall\nbe operated with headlights and taillights illuminated at all times of\nday or night.\n (j) The commissioner of transportation, in his discretion, by\nregulation or upon written request, by departmental order, for good\ncause, may exempt any school bus that does not receive or discharge\npassengers on or along the public highways on regularly scheduled routes\nfrom the requirements of any or all paragraphs of subdivisions twenty\nand twenty-one of this section.\n (k) All omnibuses manufactured or assembled prior to April first,\nnineteen hundred seventy-seven and all omnibuses manufactured or\nassembled after April first, nineteen hundred seventy-seven which do not\nmeet federal standards for school bus safety, shall be phased out of use\nbeginning with the nineteen hundred ninety-six--nineteen hundred\nninety-seven school year and ending with the nineteen hundred\nninety-seven--nineteen hundred ninety-eight school year. In each of such\nschool years, at least one-half of such omnibuses shall be retired from\nuse according to the following formula: in the nineteen hundred\nninety-six--nineteen hundred ninety-seven school year, the minimum\nnumber of such omnibuses to be phased out of each owner/operator's fleet\nshall be the total number of such omnibuses divided by two and rounded\nupwards to the nearest whole number. All such omnibuses remaining shall\nbe phased out in the nineteen hundred ninety-seven--nineteen hundred\nninety-eight school year.\n Notwithstanding the foregoing provisions of this paragraph the\ncommissioner of education may make exceptions on a case by case basis if\na school district certifies to the commissioner of education that a\ncertain omnibus should not be retired for reason of economic hardship\nand the commissioner of transportation determines upon inspection that\nsuch omnibus is in good working order. In making his determination, the\ncommissioner of transportation shall consider, among other relevant\nfactors, the relative age and structure of each such omnibus. When such\ndetermination is made, every such omnibus so certified shall be\nreinspected by the commissioner of transportation once every six months.\nAny school district receiving an exemption from the provisions of this\nparagraph for any omnibus shall provide to the commissioner of education\nan annual recertification of economic hardship.\n (l)(1) Every such omnibus used on a regular basis to transport pupils\nwith a disability on a regularly scheduled route shall, with the written\nconsent of the parent, guardian, or person in a position of loco\nparentis, have maintained on such omnibus the following information\nabout each such pupil:\n (i) name;\n (ii) nature of the disability; and\n (iii) the name of such pupil's parent, guardian, or person in a\nposition of loco parentis and one or more telephone numbers where such\nperson can be reached in an emergency, and/or the name and telephone\nnumber of any other person designated by such parent, guardian or person\nin a position of loco parentis as a person who can be contacted in an\nemergency.\n (2) Such information shall be used solely for the purpose of\ncontacting such pupil's parent, guardian, person in a position of loco\nparentis, or designee in the event of an emergency involving such pupil,\nshall be kept in a manner which retains the privacy of the pupil, and\nshall not be accessible to any person other than the driver or a teacher\nacting in a supervisory capacity. Provided, however, that in the event\nthat such driver or teacher is incapacitated, such information may be\naccessed by any emergency services provider for the purpose authorized\nby this subparagraph.\n (3) Such information shall be updated as needed, but at least once\neach school year. Such information shall be destroyed if: parental\nconsent is revoked; the pupil no longer attends such school; or, the\ndisability no longer exists.\n (4) For the purposes of this paragraph, the term "disability" shall\nmean a physical or mental impairment that substantially limits one or\nmore of the major life activities of a pupil, whether of a temporary or\npermanent nature.\n 21. Every motor vehicle having a seating capacity of more than seven\npassengers, and used primarily to transport pupils or pupils and\nteachers to and from school, shall be painted the color known as\n"national school bus chrome."\n In the event, however, such a motor vehicle so painted shall cease to\nbe used to transport pupils or pupils and teachers, the color of paint\nherein provided for, shall be changed to another color, within fifteen\ndays of relicense.\n 21-a. In any case where a New York state police or New York city,\nAlbany, Buffalo, Rochester, Syracuse or Yonkers police department\nvehicle is painted a distinctive color which would designate it in the\npublic's view as such a state or city police vehicle, the purchaser of\nsuch vehicle shall cause the color of its paint to be altered within\nfifteen days of registration.\n 21-b. The commissioner shall promulgate rules and regulations for the\nuse of two-way radios on school buses.\n 21-c. The commissioner, in consultation with the commissioner of\ntransportation, shall promulgate rules and regulations for the use of\nstop-arms on school buses which shall include provisions for a second\nstop-arm to be located on the driver's side as close as is practical to\nthe rear corner of the bus. Every school bus designed with a capacity of\nforty-five persons or more, and manufactured for use in this state on or\nafter January first, two thousand two shall be equipped with a second\nstop-arm in compliance with such regulations.\n 21-d. The commissioner shall promulgate rules and regulations for the\nuse of back up beepers on school buses.\n 21-e. The commissioner shall promulgate rules and regulations for the\nuse of front crossing arms on school buses.\n 21-f. The commissioner shall promulgate rules and regulations for the\nuse of safety sensor devices on school buses.\n 21-g. Every school bus manufactured for use in this state after April\nfirst, nineteen hundred ninety, shall be equipped with back-up beepers.\n * 21-h. It shall be unlawful for any motor vehicle having a seating\ncapacity of more than seven passengers, and used primarily to transport\npupils or pupils and teachers to and from school to be mounted with, or\nhave placed or installed thereon any sign, placard or other display\nexcept as provided by law. Provided, however, that the provisions of\nthis subdivision shall not apply to such motor vehicles operating in a\ncity with a population of one million or more.\n * NB There are 2 sub. 21-h's\n * 21-h. (a) Every school bus manufactured for use in this state on or\nafter April first, two thousand, shall be equipped with exterior\nreflective markings which comply with the rules and regulations\npromulgated by the commissioner pursuant to paragraph (c) of this\nsubdivision.\n (b) Every school bus used to transport ten or more passengers in this\nstate on or after September first, two thousand two, shall be equipped\nwith exterior reflective markings which comply with the rules and\nregulations promulgated by the commissioner pursuant to paragraph (c) of\nthis subdivision.\n (c) The commissioner shall promulgate rules and regulations for\nexterior reflective markings required to be attached on school buses.\nSuch rules and regulations:\n (1) shall require the rear of school buses to be marked with\nreflective material to outline the perimeter of the back of the bus and\nof the rear emergency exit;\n (2) shall require the horizontal application of strips of reflective\nmaterial, not less than one and three-quarters inches wide, above the\nrear windows, and above the rear bumper from the edges of the rear\nemergency exit door to both corners of the school bus with vertical\nstrips of reflective material at each corner connected to the horizontal\nstrips;\n (3) shall require the horizontal application of strips of reflective\nmaterial, not less than one and three-quarters inches wide, the entire\nlength of the sides of the school bus body and located equidistant\nbetween the floorline and the beltline of the bus; and\n (4) may require the marking of the front, rear or both bumpers of\nschool buses with reflective material between one and three-quarters and\ntwo and one-quarter inches wide applied thereto at a forty-five degree\nangle to the center line of the road surface.\n * NB There are 2 sub. 21-h's\n 21-i. (a) (1) Every school bus manufactured on or after January first,\nnineteen hundred ninety, fueled with other than diesel fuel and used to\ntransport three or more students who use wheelchairs or other assistive\nmobility devices or with a total capacity of more than eight passengers\nand used to transport students who use wheelchairs or other assistive\nmobility devices shall be equipped with an engine fire suppression\nsystem.\n (2) Every school bus manufactured for use in this state on or after\nSeptember first, two thousand seven fueled with diesel fuel and used to\ntransport three or more students who use wheelchairs or other assistive\nmobility devices or with a total capacity of more than eight passengers\nand used to transport students who use wheelchairs or other assistive\nmobility devices shall be equipped with an engine fire suppression\nsystem.\n (b) The commissioner of the department of transportation shall\npromulgate rules and regulations establishing standards for the use of\nengine fire suppression systems on school buses used to transport\nstudents who use wheelchairs or other assistive mobility devices.\n * 21-j. (a) Every school bus which is owned and operated by a school\ndistrict or which is privately owned and operated for compensation under\ncontract with such district may be equipped with signs, placards or\nother displays giving notice to approaching motor vehicle operators that\nschool bus photo violation monitoring systems are in use, provided that\nsuch school district has entered an agreement pursuant to section\ntwenty-two of chapter one hundred forty-five of the laws of two thousand\nnineteen with a county, city, town or village which has established a\ndemonstration program pursuant to section eleven hundred seventy-four-a\nof this chapter imposing monetary liability on the owner of a vehicle\nfor failure of an operator thereof to comply with section eleven hundred\nseventy-four of this chapter. Such signs, placards or other displays\nshall comply with the rules and regulations promulgated by the\ncommissioner pursuant to paragraph (b) of this subdivision.\n (b) The commissioner shall promulgate rules and regulations for the\ncontent, size and placement on school buses of a sign, placard or other\ndisplay, as authorized pursuant to paragraph (a) of this subdivision,\ngiving notice to approaching motor vehicle operators that school bus\nphoto violation monitoring systems are in use.\n * NB Repealed December 1, 2024 and also upon specific provisions set\nforth in chapter 325 of 2021 § 3\n 22. It shall be unlawful to operate a motor vehicle upon the public\nhighways of this state which is equipped with any glass which is so\nbroken, fractured or discolored as to distort visibility.\n 23. Every motor vehicle operated for hire upon the public highways of\nthis state shall be equipped with handles or other devices which shall\npermit the door or doors to the passenger compartment to be readily\nopened from the interior of the vehicle.\n 24. It shall be unlawful to operate upon any public highway in this\nstate a motor vehicle which is equipped with a television receiving set\nwithin view of the operator or in which a television receiving set is in\noperation within the view of the operator. A motor vehicle shall not be\ndeemed to be equipped with a television receiving set solely because\nsuch set utilizes power from such vehicle. The provisions of this\nsubdivision shall not prohibit a vehicle with a weight of ten thousand\npounds or more or a school bus from using closed-circuit television\nreceiving equipment exclusively for safety and maneuvering purposes, in\naccordance with regulations to be established by the commissioner.\n 24-a. It shall be unlawful to operate upon any public highway in this\nstate a motor vehicle, limited use automobile, limited use motorcycle or\nbicycle while the operator is wearing more than one earphone attached to\na radio, tape player or other audio device.\n 25. (a) On and after the first day of January, nineteen hundred\nseventy-four it shall be unlawful to operate on any public highway or\nstreet in this state any tractor, commercial motor vehicle, combination\nof a commercial motor vehicle and trailer, or combination of a\ntruck-tractor and semi-trailer which is not so constructed or equipped\nas reasonably to bar water or other road surface substances from being\nthrown by the rearmost wheels beyond the extreme rear of the vehicle or\ncombination of vehicles, and to minimize side spray.\n (b) Unless the commercial vehicle or combination vehicle is so\ndesigned or constructed to accomplish the objectives set forth in\nparagraph (a) of this subdivision by reason of fender or body\nconstruction or other means of enclosure, any such commercial vehicle or\ncombination vehicle shall be equipped, on and after January first,\nnineteen hundred fifty-seven, with splash guards and stone deflectors\nwhich shall be composed of materials substantial enough to withstand\nripping or tearing by ordinary means and withstand the action of the\nelements for a reasonable length of time. Such splash guards and stone\ndeflectors shall also have a reasonable degree of flexibility and the\ndistance from the lower end thereof to the ground shall not exceed\none-third of the distance, measured along the ground, from the bottom of\nthe splash guard to the point of contact of the rear wheel.\n (c) The commissioner of motor vehicles is hereby authorized and\nempowered to make rules and regulations with respect to splash guards\nand stone deflectors, their type and construction, manner of attachment\nto vehicles and all other matters requisite for the proper effectuation\nof the purposes of this subdivision. In making such rules and\nregulations the commissioner shall be guided by the desirability of\nuniformity in requirements with regard to splash guards and stone\ndeflectors among the several states.\n (d) The provisions of this subdivision shall not apply to motor\nvehicles, trailers and semi-trailers registered pursuant to subdivision\nthirteen of section four hundred one of this chapter, and not operated\nupon the public highways in excess of one and one-half miles by direct\nroute between farms or portions of farms under single or common\nownership or operation.\n 26. A gong or siren whistle shall not be used on any vehicle other\nthan an authorized emergency vehicle. This shall not be construed to\napply to a gong or siren designed and used solely as a burglar alarm on\na vehicle.\n 27. When a vehicle (a) has a crane, boom or other similar device\nattached or (b) is loaded with any material, and such crane, boom,\ndevice or material extends four feet or more beyond the front or rear of\nsuch vehicle, such vehicle shall be provided with a red flag not less\nthan twenty-four inches square by day and a red light visible from the\nrear and an amber light visible from the front for a distance of at\nleast five hundred feet by night on the extreme end of the extending\nportion of such crane, boom, device or material.\n 28. No person shall operate upon a public highway a vehicle which\nemits unnecessary smoke or unnecessary offensive vapors.\n 28-a. Except as permitted or authorized by law, no person shall\nremove, dismantle or otherwise cause to be inoperative any equipment or\nfeature constituting an operational element of a motor vehicle's air\npollution control system or mechanism required by federal or state law\nor by any rules or regulations promulgated pursuant thereto.\n 28-b. Except where inconsistent with federal law, every motor vehicle\nregistered in this state and manufactured or assembled after June\nthirty, nineteen hundred sixty-three shall be equipped with a crankcase\nventilating system of a type approved by the state commissioner of\nenvironmental conservation for the purpose of reducing the emission of\npollutants into the atmosphere. Such system shall be maintained in good\nworking order in continued conformity with standards promulgated by the\nstate commissioner of environmental conservation. For the purposes of\nthis subdivision the term "motor vehicle" shall exclude diesel powered\nmotor vehicles, motorcycles, vehicles driven by electric power and\nspecial purpose commercial motor vehicles registered under paragraph F\nof subdivision seven of section four hundred one of this chapter.\n 28-c. Except where inconsistent with federal law, rules and\nregulations, every motor vehicle registered in this state and\nmanufactured or assembled after June thirty, nineteen hundred\nsixty-seven and known as a nineteen hundred sixty-eight or subsequent\nmodel shall be equipped with an air contaminant emission control system\nof a type approved by the state commissioner of environmental\nconservation. Such systems shall be maintained in good working order in\ncontinued conformity with emission standards promulgated by the state\ncommissioner of environmental conservation. For the purposes of this\nsubdivision, "air contaminant emission control systems" may include, but\nshall not be limited to, exhaust control systems and gasoline\nevaporation control systems but shall exclude crankcase ventilating\nsystems.\n 28-d. The state commissioner of environmental conservation may exempt\nor partially exempt from the provisions of subdivisions twenty-eight-b\nand twenty-eight-c of this section any type or class of motor vehicle\nfor which no practical control systems have been developed or are\nnecessary.\n 28-e. Standards and exemptions established by the state commissioner\nof environmental conservation pursuant to subdivisions twenty-eight-b,\ntwenty-eight-c and twenty-eight-d of this section, shall be consistent\nwith applicable federal laws and regulations.\n 28-f. (a) Except where inconsistent with federal law, rules and\nregulations, in addition to any air contaminant emission control systems\nrequired by subdivisions twenty-eight-b and twenty-eight-c of this\nsection, the commissioner of environmental conservation may by\nregulation require the installation of exhaust emission control devices\nin proper working condition on all or any vehicles of any class or\nclasses of gasoline powered motor vehicle having a registered maximum\ngross weight in excess of six thousand pounds. The commissioner of\nenvironmental conservation shall not promulgate any such regulation\nunless he (i) has determined, with the concurrence of the commissioner,\nthat any such device is, or devices are, effective and reliable, (ii)\nhas determined that the installation of any such device on all or any\nvehicles of such class or classes is necessary to the achievement of\nfederal ambient air quality standards pursuant to an approved air\nquality implementation plan adopted pursuant to the federal clean air\nact, as amended (42 U.S.C. 1857 et seq.) and (iii) has determined that\nthe effect of such regulation will not be diluted by the absence of a\ncomparable requirement in an adjoining state; provided, however, that\nthe effective date of the requirements of such regulation shall not be\nprior to the approval or promulgation of a transportation control plan\npursuant to the Federal clean air act as amended for those portions of\nadjoining states designated as the territorial areas forming parts of\nthe New Jersey-New York-Connecticut Interstate Air Quality Control\nRegion under such act and not prior to the effective date of comparable\nrequirements for such vehicles registered in, required to be registered\nin, or operated in any such portions. Any such requirement shall take\neffect with respect to any such motor vehicle as of the date of issuance\nof a registration for such vehicle in the year next succeeding the date\non which the regulation requiring the installation of such a device is\npromulgated by the commissioner of environmental conservation, but in no\nevent prior to March first, nineteen hundred seventy-six.\n (b) The provisions of paragraph (a) of this subdivision shall apply\nonly to gasoline powered vehicles which are registered in or are\nrequired by law to be registered pursuant to subdivision seven of\nsection four hundred one of this chapter in, or are regularly operated\nin that portion of the state designated as the territorial area forming\npart of the New Jersey-New York-Connecticut Interstate Air\nQuality-Control Region under the federal clean air act, as amended (42\nU.S.C. 1857 et seq.) or any part of such region.\n (c) Whenever a motor vehicle registered pursuant to subdivision seven\nof section four hundred one of this chapter is not required by a\nregulation promulgated pursuant to this subdivision, to have an exhaust\nemission control device installed in accordance with this subdivision,\nthe applicant for registration for any such motor vehicle shall be\nrequired to file a statement as prescribed by the commissioner in\nconjunction with such registration that such motor vehicle is not\nrequired to have such a device. A false statement in relation to such\nexemption shall constitute a material false statement in an application\nfor registration.\n (d) A notation on the registration for a vehicle and an identifying\nsticker on the vehicle, both of which indicate that such vehicle is\nrequired to have an exhaust emission control device shall be presumptive\nevidence that such device in proper working condition is required on\nthat vehicle pursuant to paragraph (a) of this subdivision.\n (e) The rules and regulations promulgated pursuant to paragraph (a) of\nthis subdivision shall contain provisions necessary or appropriate to\nimplement this subdivision, including the definition of terms and\nexemptions for motor vehicles registered in areas from which no\nsubstantial numbers of motor vehicles are regularly operated in the\nportion of the state referred to in paragraph (b) of this subdivision.\n (f) No registered owner shall permit a motor vehicle, required to have\nan exhaust emission control device in proper working condition pursuant\nto the provisions of this subdivision, to be operated in the portion of\nthe state to which this subdivision is applicable, unless such vehicle\nis equipped with an approved exhaust emission control device in proper\nworking condition. Every person convicted of a violation of this\nparagraph shall for a first violation thereof with respect to a\nparticular motor vehicle be punished by a fine of seven hundred fifty\ndollars. Such fine may not be waived, suspended or in any other manner\nnot levied, except that four hundred fifty dollars of such fine may be\nwaived upon presentation of acceptable evidence prior to the final\ndetermination of the violation that the device required pursuant to\nparagraph (a) of this subdivision has been installed on the vehicle and\nis in proper working condition. Every person convicted of a second or\nsubsequent violation with respect to a particular vehicle shall be\npunished by a fine of seven hundred fifty dollars, which fine may not be\nwaived, suspended or in any other manner not levied.\n 29. (a) A motor vehicle shall not be used to tow more than one other\nvehicle.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the following vehicles or combination of vehicles are\npermitted to be operated in New York state:\n 1. Municipal garbage or ash collecting systems consisting of three\nvehicles;\n 2. A tow truck or wrecker being used to tow a disabled tractor\nsemitrailer combination;\n 3. A tractor being used to tow a semitrailer and trailer outside the\ncity of New York or counties of Nassau and Suffolk or on any qualifying\nhighway or access highway within the city of New York or counties of\nNassau or Suffolk;\n 3-a. A tractor semitrailer-semitrailer combination of vehicles where\nthe two semitrailers are connected by a B-train assembly and such\ncombinations of vehicles is operated outside the city of New York or\ncounties of Nassau and Suffolk or on any qualifying highway or access\nhighway within the city of New York or counties of Nassau or Suffolk;\n 4. Subject to rules and regulations of the commissioner of\ntransportation, a combination of an automotive powered cab and truck\nchassis being used to tow two such additional vehicles in double\nsaddle-mount fashion, each mounted upon a device designed and\nconstructed so as to be readily dismountable and which performs the\nfunction of a conventional fifth wheel, so that while all the wheels of\nthe towing powered chassis touch the roadway, only the wheels on the\nrear axle of each of the towed vehicles are in contact with the roadway;\nand\n 5. Subject to rules and regulations of the commissioner of\ntransportation, a combination of an automotive powered cab and truck\nchassis being used to tow three such additional vehicles in triple\nsaddle-mount fashion on a qualifying or access highway, each mounted\nupon a device designed and constructed so as to be readily dismountable\nand which performs the function of a conventional fifth wheel, so that\nwhile all the wheels of the towing powered chassis touch the roadway,\nonly the wheels on the rear axle of each of the towed vehicles are in\ncontact with the roadway.\n (c) No vehicle shall be towed by a rope or other non-rigid connection\nwhich is longer than sixteen feet.\n (d) A motor vehicle being towed by a rope or other non-rigid\nconnection must have a licensed driver in such motor vehicle who shall\nsteer it when it is being towed.\n 29-a. No vehicle or mobile equipment shall be towed with the use of a\ndolly unless the dolly, vehicle or mobile equipment is secured to the\ntowing vehicle by safety chains or cables which will prevent the dolly,\nvehicle or mobile equipment from separating from the towing vehicle and\nthe towed vehicle or mobile equipment is securely fastened to the dolly.\nDolly shall mean a multi-wheel device utilized to raise a part of a\ntowed vehicle or mobile equipment while it is being towed by another\nvehicle.\n 30. It shall be unlawful for any person to operate a motor vehicle\nwith any object placed or hung in or upon the vehicle, except required\nor permitted equipment of the vehicle, in such a manner as to obstruct\nor interfere with the view of the operator through the windshield, or to\nprevent him from having a clear and full view of the road and condition\nof traffic behind such vehicle. Notwithstanding any other provision of\nlaw, a summons for operating a motor vehicle in violation of this\nsubdivision shall only be issued when there is reasonable cause to\nbelieve that the person operating such motor vehicle has committed a\nviolation of the laws of this state other than a violation of this\nsubdivision.\n 31. Mufflers and exhaust systems. Prevention of noise. (a) Every motor\nvehicle, operated or driven upon the highways of the state, shall at all\ntimes be equipped with an adequate muffler and exhaust system in\nconstant operation and properly maintained to prevent any excessive or\nunusual noise and no such muffler or exhaust system shall be equipped\nwith a cut-out, bypass, or similar device. No person shall modify the\nmuffler or exhaust system of a motor vehicle in a manner which will\namplify or increase the noise emitted by the motor or exhaust system of\nsuch vehicle above that emitted by the muffler or exhaust system\noriginally installed on the vehicle and such original muffler and\nexhaust system shall comply with all the requirements of this section.\n (b) No person shall, in the state, sell, offer for sale or install any\nof the following for the muffler or exhaust system of a motor vehicle: a\ncut-out, bypass, or a similar device which will amplify or increase the\nnoise emitted by the motor or exhaust system of such vehicle above that\nemitted by the muffler or exhaust system originally installed on the\nvehicle.\n A muffler is a device consisting of a series of chambers or baffle\nplates, or other mechanical design for the purpose of receiving exhaust\ngas from an internal combustion engine, and effective in reducing noise.\n An exhaust system is a series of mechanical devices for the purpose of\nreceiving exhaust gas from an internal combustion engine and expelling\nit into the atmosphere.\n 31-a. No person shall, in the state, sell, offer for sale or install a\nmotorcycle exhaust device without internal baffles, known as "straight\npipes".\n 31-b. No person shall, in the state, sell, offer for sale or install a\nmotorcycle exhaust device that is intentionally designed to allow for\nthe internal baffling to be fully or partially removed or\ninterchangeable or that has been modified in a manner that will amplify\nor increase the noise emitted by the motor of a motorcycle above that\nemitted by the exhaust system originally installed on such motorcycle.\nThis subdivision shall not apply to a motorcycle manufactured or\nassembled prior to nineteen hundred seventy-nine or a motorcycle\nregistered as a limited use vehicle or an all terrain vehicle pursuant\nto article forty-eight-A or forty-eight-B of this chapter.\n 32. (a) The violation of any of the provisions of this section with\nrespect to adequate brakes except those relating to emergency or hand\nbrakes shall constitute a misdemeanor and the violation of any of the\nother provisions of this section, including those relating to emergency\nor hand brakes, shall be punishable by a fine not exceeding one hundred\nfifty dollars or by imprisonment for not exceeding thirty days, or by\nboth such fine and imprisonment, except as herein otherwise provided.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a violation of paragraph (b) of subdivision thirty-one,\nsubdivision thirty-one-a or subdivision thirty-one-b of this section\nshall be punishable by a fine not exceeding one thousand dollars or by\nimprisonment for not exceeding thirty days, or by both such fine and\nimprisonment.\n 33. The provisions of this section shall not apply to fire and police\nvehicles, self-propelled combines, self-propelled corn and hay\nharvesting machines, farm type tractors used exclusively for\nagricultural purposes or for snow plowing other than for hire, and\nself-propelled caterpillar or crawler-type equipment while being\noperated on the contract site except when reference is specifically made\nto such vehicle.\n 34. Any motor vehicle may be equipped with and every passenger vehicle\nregistered in this state and manufactured or assembled after January\nfirst, nineteen hundred sixty-nine, shall be equipped with at least one\nback-up light. Such light shall display a white light to the rear when\nthe ignition switch is energized and reverse gear is engaged. Such light\nshall not be lighted when the motor vehicle is in forward motion.\n 35. Tires. (a) The commissioner may establish standards for the\nmanufacture, regrooving or retreading of tires which are produced or\nsold in this state, and for the use of tires on vehicles operated in\nthis state.\n (b) No tire shall be manufactured, distributed, offered for sale or\nsold in this state if it does not comply with the standards established\nby the commissioner pursuant to paragraph (a) of this subdivision. A\nviolation of this paragraph shall be punishable as a misdemeanor.\n (c) No person shall operate a motor vehicle or a trailer on a public\nhighway if such vehicle is equipped with tires that do not meet the\nstandards established by the commissioner pursuant to paragraph (a) of\nthis subdivision.\n 35-a. It shall be unlawful to operate a motor vehicle or trailer\nequipped with tires having metal objects protruding from the tire tread\nupon any public highway. The prohibition contained in this section shall\nnot apply to pneumatic tires containing metal type studs, the diameter\nof which studs inclusive of the stud casing does not exceed\nthree-eighths of an inch and which do not protrude beyond the tread\nsurface of such tires more than three thirty-seconds of an inch and the\ncontact area of which does not exceed three-fourths of one per cent of\nthe total nominal contact area of said tires determined by multiplying\nthe circumference of the outer most edge of tread times the tread width,\nexcept that no vehicle equipped with such tires, other than school buses\nand state or municipally-owned vehicles, may operate on a public highway\nduring the period from the first day of May to the fifteenth day of\nOctober, inclusive.\n 36. (a) (i) The slow-moving vehicle emblem as developed by the\nAmerican Society of Agricultural and Biological Engineers shall be\nrecognized as the official state slow moving vehicle emblem. The\ncommissioner of motor vehicles shall adopt standards and specifications\nfor design, creation and use, in conformance with those recommendations\nof the American Society of Agricultural and Biological Engineers for the\nsize, design and mounting of said slow-moving vehicle emblem.\n (ii) The commissioner shall adopt standards and specifications for\ndesign, creation and use, in conformance with those recommendations of\nthe American Society of Agricultural and Biological Engineers standard\nwhich meets the criteria of the American National Standards\nInstitute/American Society for Testing and Materials S584 for the size,\ndesign and mounting of a speed identification symbol. A speed\nidentification symbol shall indicate the maximum speed in miles per hour\nat which the unit of farm machinery, implement of husbandry and other\nmachinery including road construction and maintenance machinery to which\nit is mounted is designed by its manufacturer to operate.\n (b) (i) Farm machinery and implements of husbandry and other machinery\nincluding road construction and maintenance machinery designed to\noperate at twenty-five miles per hour or less, traveling on a public\nhighway during day or night, whether self-propelled or used in\ncombination, shall each separately display a slow-moving vehicle emblem\nas specified in paragraph (a) of this subdivision.\n (ii) (A) Farm machinery and implements of husbandry and other\nmachinery including road construction and maintenance machinery designed\nto operate at a speed greater than twenty-five miles per hour but less\nthan forty miles per hour, traveling on a public highway during day or\nnight, whether self-propelled or used in combination, shall each\nseparately display a slow-moving vehicle emblem and a speed\nidentification symbol as specified in paragraph (a) of this subdivision.\n (B) If an agricultural tractor that is designed by its manufacturer to\noperate at a speed greater than twenty-five miles per hour but not\ngreater than forty miles per hour is being operated on a street or\nhighway at a speed greater than twenty-five miles per hour but less than\nforty miles per hour and is towing, pulling, or otherwise drawing a unit\nof farm machinery, the unit of farm machinery shall display a\nslow-moving vehicle emblem and a speed identification symbol that is the\nsame as the speed identification symbol that is displayed on the\nagricultural tractor.\n (C) When an agricultural tractor is designed by its manufacturer to\noperate at a speed greater than twenty-five miles per hour but less than\nforty miles per hour is being operated on a street or highway at a speed\ngreater than twenty-five miles per hour, the operator shall possess some\ndocumentation published or provided by the manufacturer indicating the\nmaximum speed in miles per hour at which the manufacturer designed the\nagricultural tractor to operate.\n (c) The use of such emblem and symbol shall be in addition to any\nlighting devices, flags or other equipment required by law. Such emblem\nand symbol shall be used only on farm machinery and implements of\nhusbandry on road construction and maintenance machinery, and on such\nother vehicles, machinery and equipment as may be specified in\nregulations issued by the commissioner. All use shall be in accordance\nwith such regulations. Use of such emblem as a clearance marker or on\nstationary objects on the highways is prohibited.\n 37. The commissioner shall promulgate rules and regulations\nprescribing appropriate cautionary devices to be affixed to motor\nvehicles engaged in retail sales of frozen desserts directly to\nconsumers which shall include, but not be limited to, front crossing\narms to be activated only when such vehicle is stopped and its occupants\nare engaged in such retail sales. Such rules and regulations shall be\ndesigned to warn oncoming vehicles of the likelihood of pedestrians in\nor about the vicinity of such sales oriented motor vehicles. No person\nshall engage in the retail sale by motor vehicle of frozen desserts\ndirectly to consumers in violation of the rules and regulations\npromulgated by the commissioner. As used in this subdivision, "frozen\ndesserts" shall mean ice cream, frozen custard, French ice cream, French\ncustard ice cream, artificially sweetened ice cream, ice milk,\nartificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water\nices, non-fruit water ices, quiescently frozen confection, quiescently\nfrozen dairy confection, manufactured desserts mix, frozen confection,\nmellorine frozen dessert, parevine, frozen yogurt, freezer made shakes,\nfreezer made milk shakes, lo-mel, and dietary frozen dessert as all such\nproducts are commonly known, together with any mix used in such frozen\ndesserts and any products which are similar in appearance, odor or taste\nto such products, or are prepared or frozen as frozen desserts are\ncustomarily prepared or frozen, whether made with dairy products or\nnon-dairy products.\n 39. Every motor vehicle registered in this state and manufactured or\nassembled after October first, nineteen hundred sixty-four shall be\nequipped with a defrosting device, in good working order, for the\npurpose of preventing the formation of snow or ice on the windshield\ndirectly in front of the operator. For the purposes of this subdivision\nthe term "motor vehicle" shall exclude motorcycles, tractors used\nexclusively for agricultural purposes, self-propelled combines,\nself-propelled harvesting machines and farm equipment and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site.\n 40. Stop lamps. (a) Every motor vehicle, except a motorcycle, operated\nor driven upon the public highways of the state, if manufactured prior\nto January first, nineteen hundred fifty-two, shall be equipped with at\nleast one stop lamp which shall display a red to amber light visible at\nleast five hundred feet from the rear of the vehicle when the brake of\nsuch vehicle is applied.\n (b) Every motor vehicle, except a motorcycle, operated or driven upon\nthe public highways of the state, if manufactured on or after January\nfirst, nineteen hundred fifty-two, shall be equipped with at least two\nstop lamps, one on each side, each of which shall display a red to amber\nlight visible at least five hundred feet from the rear of the vehicle\nwhen the brake of such vehicle is applied.\n 41. Colored and flashing lights. The provisions of this subdivision\nshall govern the affixing and display of lights on vehicles, other than\nthose lights required by law. 1. No light, other than a white light, and\nno revolving, rotating, flashing, oscillating or constantly moving white\nlight shall be affixed to, or displayed on any vehicle except as\nprescribed herein.\n 2. Red lights and certain white lights. One or more red or combination\nred and white lights, or one white light which must be a revolving,\nrotating, flashing, oscillating or constantly moving light, may be\naffixed to an authorized emergency vehicle, and such lights may be\ndisplayed on an authorized emergency vehicle when such vehicle is\nengaged in an emergency operation, and upon a fire vehicle while\nreturning from an alarm of fire or other emergency.\n 3. Amber lights. a. One or more amber lights may be affixed to a\nhazard vehicle, and such a light or lights which display an amber light\nvisible to all approaching traffic under normal atmospheric conditions\nfrom a distance of five hundred feet from such vehicle shall be\ndisplayed on a hazard vehicle when such vehicle is engaged in a\nhazardous operation. Such light or lights shall not be required to be\ndisplayed during daylight hours provided at least two red flags visible\nfrom a distance of five hundred feet are placed both in or on the front\nof, and to or on the rear of the vehicle and two such flags are placed\nto each side of the vehicle open to traffic. Such lights or flags need\nnot be displayed on the vehicle when the vehicle is operating, or\nparked, within a barricaded work area and said lights or flags are\ndisplayed on the barricade. The provisions of this subdivision shall not\nprohibit the temporary affixing and display of an amber light to be used\nas a warning on a disabled motor vehicle or on a motor vehicle while it\nis stopped on a highway while engaged in an operation which would\nrestrict, impede or interfere with the normal flow of traffic.\n b. In any city in this state having a population of one million or\nmore, one amber light may be affixed to any motor vehicle owned or\noperated by a volunteer member of a civilian or crime patrol provided\nsuch volunteer civilian or crime patrol member has been authorized in\nwriting to so affix an amber light by the police commissioner of the\nmunicipality in which he patrols, which authorization shall be subject\nto revocation at any time by the police commissioner who issued the same\nor his successor in office. Such amber light may be operated by such\nvolunteer civilian or crime patrol member in such a vehicle only when\nengaged in a patrol operation as defined and authorized by rules and\nregulations promulgated by the police commissioner and only in such a\nmanner and at such times as may be authorized by the police commissioner\npursuant to said rules and regulations.\n 4. Blue light. a. One blue light may be affixed to any motor vehicle\nowned by a volunteer member of a fire department or on a motor vehicle\nowned by a member of such person's family residing in the same household\nor by a business enterprise in which such person has a proprietary\ninterest or by which he or she is employed, provided such volunteer\nfirefighter has been authorized in writing to so affix a blue light by\nthe chief of the fire department or company of which he or she is a\nmember, which authorization shall be subject to revocation at any time\nby the chief who issued the same or his or her successor in office. Such\nblue light may be displayed exclusively by such volunteer firefighter on\nsuch a vehicle only when engaged in an emergency operation. The use of\nblue lights on vehicles shall be restricted for use only by a volunteer\nfirefighter except as otherwise provided for in subparagraphs b and b-1\nof this paragraph.\n b. In addition to the red and white lights authorized to be displayed\npursuant to paragraph two of this subdivision, one or more blue lights\nor combination blue and red lights or combination blue, red and white\nlights may be affixed to a police vehicle, fire vehicle, ambulance,\nemergency ambulance service vehicle, and county emergency medical\nservices vehicle provided that such blue light or lights shall be\ndisplayed on a police vehicle, fire vehicle, ambulance, emergency\nambulance service vehicle, and county emergency medical services vehicle\nfor rear projection only. In the event that the trunk or rear gate of a\npolice vehicle, fire vehicle, ambulance, emergency ambulance service\nvehicle, and county emergency medical services vehicle obstructs or\ndiminishes the visibility of other emergency lighting on such vehicles,\na blue light may be affixed to and displayed from the trunk, rear gate\nor interior of such vehicles. Such lights may be displayed on a police\nvehicle, fire vehicle, ambulance, emergency ambulance service vehicle,\nand county emergency medical services vehicle when such vehicles are\nengaged in an emergency operation. Nothing contained in this\nsubparagraph shall be deemed to authorize the use of blue lights on\npolice vehicles, fire vehicles, ambulances, emergency ambulance service\nvehicles, and county emergency medical services vehicles unless such\nvehicles also display one or more red or combination red and white\nlights as otherwise authorized in this subdivision.\n b-1. In addition to the amber light authorized to be displayed\npursuant to paragraph three of this subdivision, one or more blue lights\nor combination blue and amber lights may be affixed to a hazard vehicle\ndesigned for the towing or pushing of disabled vehicles provided that\nsuch blue light or lights shall be displayed on such a hazard vehicle\nfor rear projection only. Such blue light or lights may be displayed on\na hazard vehicle designed for the towing or pushing of disabled vehicles\nwhen such vehicle is engaged in a hazardous operation and is also\ndisplaying the amber light or lights required to be displayed during a\nhazardous operation pursuant to paragraph three of this subdivision.\nNothing contained in this subparagraph shall be deemed to authorize the\nuse of blue lights on hazard vehicles designed for the towing or pushing\nof disabled vehicles unless such hazard vehicles also display one or\nmore amber lights as otherwise authorized in this subdivision.\n c. The commissioner is authorized to promulgate rules and regulations\nrelating to the use, placement, power and display of blue lights on a\npolice vehicle, fire vehicle, and hazard vehicle designed for the towing\nor pushing of disabled vehicles.\n 5. Green light. (a) One green light may be affixed to any motor\nvehicle owned by a member of a volunteer ambulance service or by a\nmember of a mobile crisis team, or on a motor vehicle owned by a member\nof such person's family, or by a business enterprise in which such\nperson has a proprietary interest or by which he is employed, provided\nsuch member of a volunteer ambulance service has been authorized in\nwriting to so affix a green light by the chief officer of such service\nas designated by the members thereof, or provided such member of a\nmobile crisis team has been authorized in writing to so affix a green\nlight by the mobile crisis team's director or similar role, provided\nfurther that such director or similar role or their successor may revoke\nsuch authorization at any time. Such green light may be displayed\nexclusively by such member of a volunteer ambulance service, or a member\nof a deployed mobile crisis team, only when engaged in an emergency\noperation. The use of green lights on vehicles shall be restricted for\nuse only by a member of a volunteer ambulance service or a member of a\nmobile crisis team as provided for in this paragraph except as otherwise\nprovided for in subparagraph (c) of this paragraph.\n (b) As used in this paragraph the following terms shall have the\nfollowing meanings:\n (i) "volunteer ambulance service" means: (A) a non-profit membership\ncorporation (other than a fire corporation) incorporated under or\nsubject to the provisions of the membership corporations law, or any\nother law, operating its ambulance or ambulances on a non-profit basis\nfor the convenience of the members thereof and their families or of the\ncommunity or under a contract with a county, city, town or village\npursuant to section one hundred twenty-two-b of the general municipal\nlaw; or\n (B) an unincorporated association of persons operating its ambulance\nor ambulances on a non-profit basis for the convenience of the members\nand their families or of the community; and\n (ii) "mobile crisis team" shall have the same meaning as mobile crisis\nteams as defined by paragraph eleven of subdivision (a) of section 36.03\nof the mental hygiene law.\n (c)(i) In addition to the amber light authorized to be displayed\npursuant to paragraph three of this subdivision, one or more green\nlights or combination green and amber lights may be affixed to a hazard\nvehicle designed for ice and snow removal owned and operated by the\nstate or by a county, city, town or village. Such green light or lights\nmay be displayed on a hazard vehicle designed for ice and snow removal\nowned and operated by the state or by a county, city, town or village\nwhen such vehicle is engaged in a hazardous operation and is also\ndisplaying the amber light or lights required to be displayed during a\nhazardous operation pursuant to paragraph three of this subdivision.\nNothing contained in this subparagraph shall be deemed to authorize the\nuse of green lights on hazard vehicles designed for ice and snow removal\nowned and operated by the state or by a county, city, town or village\nunless such hazard vehicles also display one or more amber lights as\notherwise authorized in this subdivision.\n (ii) The commissioner is authorized to promulgate rules and\nregulations relating to the use, placement, power and display of green\nlights on a hazard vehicle designed for ice and snow removal owned and\noperated by the state or by a county, city, town or village.\n 6. The commissioner is authorized to promulgate regulations with\nrespect to the affixing and display of colored lights and to promulgate\nspecifications with respect to such lights.\n 7. The provisions of this subdivision forty-one shall not be\napplicable to vehicles from other states or from the Dominion of Canada\nwhich have entered this state to render police, fire or civil defense\naid, or ambulance service, while such vehicles are here or are returning\nto their home stations if the lights on such vehicles comply with the\nlaws of their home states or the Dominion of Canada and are displayed in\nthis state in the same manner permitted by their home states or the\nDominion of Canada, nor shall the provisions of this subdivision\nforty-one be deemed to amend, supersede or in any manner affect the\nprovisions of the New York state defense emergency act as now in force\nor as it may be amended from time to time.\n 8. The provisions of this subdivision shall not be applicable to the\ndriver of a vehicle from another state or foreign jurisdiction which\nvehicle has colored lights affixed but not revolving, rotating,\nflashing, oscillating or constantly moving if the lights on such vehicle\ncomply with the laws of the state or home foreign jurisdiction in which\nthe vehicle is registered.\n 42. Every motor vehicle registered in this state which is manufactured\nor assembled on or after September first, nineteen hundred eighty and\noperated or driven upon the highways of the state shall be equipped with\na speedometer device which is capable of measuring the speed of such\nvehicle and displaying the same in miles per hour.\n 43. No dealer shall sell a motor vehicle or a trailer which is to be\nregistered in this state unless such motor vehicle or trailer has all\nthe equipment required for operation on the public highways of this\nstate.\n 44. Driver education vehicles. Any motor vehicle used for the purpose\nof driving instruction for hire or for driver education by a school and\nbeing operated by a person receiving such instruction or education shall\nbear identification, visible to both oncoming and following traffic, to\nindicate that the vehicle is being driven by a student driver. The\ncommissioner may establish standards for such identification.\n 45. Hydrocarbon gas powered vehicles. It shall be unlawful to operate\nupon any public highway or street in this state a motor vehicle that\nuses hydrocarbon gas as its primary or secondary fuel supply, unless the\nmotor vehicle conspicuously displays a reflective placard designed to\nalert emergency personnel to the extraordinary hazards which may arise\nfrom proximity with this fuel. The commissioner shall, in cooperation\nwith the state fire administrator, establish regulations as to the\nlocation and design of this warning placard.\n 46. Tamper-resistant odometers or speedometers. It shall be unlawful\nafter July first, nineteen hundred ninety-one for any person, firm,\nassociation or corporation to sell or offer for sale in this state a new\nmotor vehicle which is to be registered in this state and which was\nmanufactured or assembled on or after such date, and designed as a\nnineteen hundred ninety-two or later model, unless such vehicle is\nequipped with a tamper-resistant odometer or speedometer designed with\nthe intent to reduce the likelihood of unlawful tampering with the\nmileage reading thereon.\n The commissioner shall promulgate such rules and regulations relative\nto tamper-resistant odometers and speedometers on motor vehicles and the\napproval of the same as are not inconsistent with the provisions of\nfederal law, if any, relating thereto. Such rules shall, at a minimum,\nrequire odometers and speedometers which indicate mileage with a minimum\nof six digits exclusive of digits indicating fractions of a mile. This\nsection shall not apply to motorcycles.\n 47. (a) It shall be unlawful for any person to operate or cause to be\noperated, an audio amplification system which is operated in, installed\nin or powered by a vehicle which generates an A-weighted sound level in\nexcess of seventy dB (A) measured at, or adjusted to, a distance of\ntwenty-five feet from the vehicle which is driven, standing, or parked\non a public highway, or within one hundred feet of a public highway\nunless that system is being operated to request assistance or warn of a\nhazardous situation. This section shall not apply to authorized\nemergency vehicles or vehicles operated by gas, electric, communications\nor water utilities. This section shall not apply to the sound systems of\nvehicles used for advertising, or in parades, political or other special\nevents, except that the use of sound systems on those motor vehicles may\nbe prohibited by a local authority by ordinance or local law.\n (b) Any person convicted of a violation of this section shall for a\nfirst conviction thereof be punished by a fine of up to one hundred\nfifty dollars; for a conviction of a second violation, both of which\nwere committed within a period of eighteen months, such person shall be\nguilty of a traffic infraction and shall be punished by a fine of not\nless than one hundred fifty dollars and not more than three hundred\ndollars; upon conviction of a third or subsequent violation, all of\nwhich were committed within a period of eighteen months, such person\nshall be guilty of a traffic infraction and shall be punished by a fine\nof not less than three hundred seventy-five dollars and not more than\nseven hundred fifty dollars.\n 48. Bumpers or similar devices. (a) For the purposes of this\nsubdivision, the following terms shall have the following meanings:\n (i) Bumper. A system, the primary function of which is to provide\nprotection against damage affecting front or rear external lamps, body\nparts and vehicle occupants during low speed impacts.\n (ii) Passenger car. A motor vehicle whose body style is a sedan,\nhardtop, coupe, convertible, station wagon or hatchback but not a van,\nminivan, multipurpose passenger vehicle, truck, tractor, motorcycle or\nbus.\n (b) No person shall operate a passenger car registered in New York\nunless it is equipped with both a front and rear bumper, each securely\nfastened and with some part of the bumper located between sixteen inches\nand twenty inches above the ground. This provision shall not apply to a\nvehicle registered as an historical vehicle.\n (c) Except insofar as paragraph (b) of this subdivision shall apply,\nno person shall operate a motor vehicle designated as a nineteen hundred\nninety or newer model year vehicle, which is registered in this state,\nexcept a motorcycle or special purpose commercial vehicle registered\nunder schedule F of subdivision seven of section four hundred one of\nthis chapter, which is so constructed that the body has a clearance at\nthe front end of more than thirty inches from the ground when empty,\nunless the front end of the vehicle is equipped with bumpers or devices\nserving similar purposes which shall be so constructed and located that\n(i) some part of the bumpers or devices must be at least sixteen but not\nmore than thirty inches above the ground with the vehicle empty; (ii)\nthe maximum distance between the closest points between bumpers or\ndevices, if more than one is used, shall not exceed twenty-four inches;\n(iii) the maximum transverse distance from the widest part of the motor\nvehicle at the front to the bumper or device shall not exceed eighteen\ninches; and (iv) the bumpers or devices shall be substantially\nconstructed and firmly attached. A motor vehicle constructed and\nmaintained so that the body, chassis, or other parts of the vehicle\nafford the front end protection contemplated shall be deemed to be in\ncompliance with this section.\n (d) Except insofar as paragraph (b) of this subdivision shall apply,\nno person shall operate a motor vehicle or a combination of vehicles,\ndesignated as a nineteen hundred ninety or newer model year vehicle,\nexcept a tractor, pole trailer, vehicle engaged in saddle-mount\noperation, motorcycle or special purpose commercial vehicle registered\nunder schedule F of subdivision seven of section four hundred one of\nthis chapter, if the motor vehicle is registered in this state, and\nwhich is so constructed that the body, or the chassis assembly without\nthe body, has a clearance at the rear end of more than thirty inches\nfrom the ground when empty, unless the rear end of the vehicle or\ncombination of vehicles is equipped with bumpers or devices serving\nsimilar purposes which shall be so constructed and located that: (i)\nsome part of the bumpers or devices must be at least sixteen but not\nmore than thirty inches above the ground with the vehicle empty; (ii)\nthe maximum distance between the closest points between bumpers, or\ndevices, if more than one is used, shall not exceed twenty-four inches;\n(iii) the maximum transverse distance from the widest part of the motor\nvehicle at the rear to the bumper or device shall not exceed eighteen\ninches; (iv) the bumpers or devices shall be located not more than\ntwenty-four inches forward of the extreme rear of the vehicle; and (v)\nthe bumpers or devices shall be substantially constructed and firmly\nattached. Motor vehicles constructed and maintained so that the body,\nchassis, or other parts of the vehicle afford the rear end protection\ncontemplated shall be deemed to be in compliance with this section.\n 49. Truck warning lights. (a) Every truck registered in this state\nand manufactured or assembled after September first, nineteen hundred\nninety-two, which has a bed capable of being tilted or lifted by\ncontrols that are located within the cab of such truck and which is\noperated upon any public highway or street in this state shall be\nequipped with a warning light in its cab that is activated whenever the\nbed of the truck is elevated.\n (b) Every tractor registered in this state and manufactured or\nassembled after September first, nineteen hundred ninety-three, which is\nused primarily for the towing of a trailer capable of being tilted or\nlifted and which is operated upon any public highway or street in this\nstate shall be equipped with a warning light in its cab that is\nactivated whenever the trailer is elevated.\n 50. Taxicab partitions and shields. Every taxicab registered in this\nstate and registered or licensed by a city, town or village of\nseventy-five thousand persons or more pursuant to section one hundred\neighty-one of the general municipal law shall be equipped with (a)\npartitions or shields made of plexiglass or other shatterproof material\nlocated between and effectively separating the front and rear seats, and\n(b) amber colored distress lights, mounted on and clearly visible to\npassersby from the front and rear of the taxicab; provided, however,\nthat the requirements of this subdivision shall not apply to taxicabs\nregistered or licensed by such city, town or village which elects not to\nbe subjected to the requirements of this subdivision pursuant to a duly\nenacted or adopted local law, ordinance or regulation. Nothing contained\nherein shall be construed to restrict the power of a city, town or\nvillage which elects not to be subject to the requirements of this\nsubdivision to adopt or enforce a local law, ordinance or regulation\nregarding the use of taxicab partitions and distress lights.\n * 51. Taxicab, livery and stretch limousine notices. (a) Every\ntaxicab, livery, and altered motor vehicle commonly referred to as a\n"stretch limousine" which was altered on or after January first, two\nthousand twenty-one or retrofitted pursuant to subdivision one-a of\nsection three hundred eighty-three of this article registered in this\nstate shall have posted therein the following notice: "Seatbelts must be\navailable for your use. You must buckle up, it's the law."\n (b) The notices required to be posted pursuant to paragraph (a) of\nthis subdivision shall be posted in a manner legible and conspicuous to\npassengers in all seating positions of such vehicles. Provided, however,\nthat in addition to the requirements of this paragraph, such notices\nposted within taxis and liveries subject to registration and licensing\nby cities having a population of one million or more shall also be\nprovided in the top two designated citywide languages as such term is\ndefined in section 23-1101 of the administrative code of the city of New\nYork.\n * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 10 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 10 of 2020 § 6)\n * 51. Taxicab and livery notices. (a) Every taxicab and livery\nregistered in this state shall have posted therein the following notice:\n"Seatbelts must be available for your use. Please buckle up."\n (b) The notices required to be posted pursuant to paragraph (a) of\nthis subdivision shall be posted in a manner legible and conspicuous to\npassengers in all seating positions of such vehicles.\n * NB Effective upon repeal (see chapter 10 of 2020 § 6)\n 52. No police vehicle owned by the state, a public authority, a\ncounty, town, city or village shall be sold unless, prior to such sale,\nsuch vehicle is decommissioned and any distinctive markings and affixed\nlights which would designate it in the public's view as such a police\nvehicle have been removed. The commissioner of the division of criminal\njustice services, in consultation with the commissioner, shall\npromulgate rules and regulations determining the specifications for\ndecommissioning police vehicles and for the removal of such distinctive\nmarkings and affixed lights prior to sale.\n 53. Federal motor vehicle safety standard certification label. No\nperson shall, with intent to defraud, knowingly remove, deface, destroy,\ncover, alter, or otherwise change the form or appearance of a federal\nmotor vehicle safety standard certification label, issued in accordance\nwith section 30115 of title 49 of the United States Code and part 567 of\ntitle 49 of the code of federal regulations, on an altered motor\nvehicle. No person shall, with intent to defraud, affix to an altered\nmotor vehicle a federal motor vehicle safety standard certification\nlabel except in accordance with section 30115 of title 49 of the United\nStates Code and part 567 of title 49 of the code of federal regulations.\nA violation of this subdivision shall be punishable as a misdemeanor.\n * 54. Stretch limousine and charter bus commercial GPS. (a) Every\nstretch limousine and charter bus registered in this state shall be\nequipped with commercial global positioning system (GPS) technology\nwithin no later than one year of the date upon which the national\nhighway traffic safety administration promulgates final regulations\nestablishing standards for commercial GPS.\n (b) It shall be unlawful to operate or cause to be operated a stretch\nlimousine or charter bus registered in this state on any public highway\nor private road open to public motor vehicle traffic unless such stretch\nlimousine or charter bus is equipped with commercial global positioning\nsystem (GPS) technology as required by this subdivision and such\ncommercial global positioning system (GPS) technology is used. The\npresence in such stretch limousine or charter bus of commercial global\npositioning system (GPS) technology connected to a power source and in\nan operable condition is presumptive evidence of its use by any person\noperating such stretch limousine or charter bus. Such presumption may be\nrebutted by any credible and reliable evidence which tends to show that\nsuch commercial global positioning system (GPS) technology was not in\nuse.\n (c) For the purposes of this subdivision:\n (i) "Stretch limousine" shall mean an altered motor vehicle having a\nseating capacity of nine or more passengers, including the driver,\ncommonly referred to as a "stretch limousine" and which is used in the\nbusiness of transporting passengers for compensation;\n (ii) "Charter bus" shall mean a bus transporting passengers for\ncompensation in a chartered party;\n (iii) "Chartered party" shall mean a group of persons who, pursuant to\na common purpose and under a single contract and at a fixed charge, have\nacquired exclusive use of a bus to travel together as a group to a\nspecific destination or for a particular itinerary either agreed upon in\nadvance or modified after having left the place of origin by such group;\nand\n (iv) "Commercial global positioning system (GPS) technology" shall\nmean global positioning system (GPS) technology which has been\nspecifically designed to assist in the navigation of commercial motor\nvehicles.\n * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 11 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 11 of 2020 § 3)\n * 55. Stretch limousine roll-over protection devices and\nanti-intrusion bars. (a) Every stretch limousine registered in this\nstate shall be equipped with roll-over protection devices and\nanti-intrusion bars within no later than one year of the date upon which\nthe national highway traffic safety administration promulgates final\nregulations establishing standards for commercial roll-over protection\ndevices and anti-intrusion bars.\n (b) For the purposes of this subdivision "stretch limousine" shall\nmean an altered motor vehicle having a seating capacity of nine or more\npassengers, including the driver, commonly referred to as a "stretch\nlimousine" and which is used in the business of transporting passengers\nfor compensation.\n * NB Repealed upon notification that any federal agency determines in\nwriting that Part K of chapter 58 of 2024 would render New York state\nineligible for the receipt of federal funds or any court of competent\njurisdiction finally determines that such Part K would render New York\nstate out of compliance with federal law or regulation (see chapter 58\nof 2024 Part K § 11)\n * 56. Stretch limousine additional equipment requirements. (a) Every\nstretch limousine registered in this state shall be equipped with an\naccessible window break tool and an operational fire extinguisher, and\nthe driver and passenger partition of every such stretch limousine shall\nbe accessible to reach an emergency egress from such vehicle if other\nforms of egress such as a roof hatch are not available in such stretch\nlimousine.\n (b) For the purposes of this subdivision:\n (i) "Stretch limousine" shall mean an altered motor vehicle having a\nseating capacity of nine or more passengers, including the driver,\ncommonly referred to as a "stretch limousine" and which is used in the\nbusiness of transporting passengers for compensation; and\n (ii) "Window break tool" shall mean a tool that can be used to open\nthe windows of a stretch limousine in the event of an emergency.\n * NB Repealed upon notification that any federal agency determines in\nwriting that Part K of chapter 58 of 2024 would render New York state\nineligible for the receipt of federal funds or any court of competent\njurisdiction finally determines that such Part K would render New York\nstate out of compliance with federal law or regulation (see chapter 58\nof 2024 Part K § 11)\n * 57. Stretch limousine age and mileage parameters. (a) It shall be\nunlawful to operate or cause to be operated a stretch limousine\nregistered in this state on any public highway or private road open to\npublic motor vehicle traffic if the vehicle is more than ten years old\nor the cumulative mileage registered on the vehicle's odometer exceeds\nthree hundred fifty thousand miles, whichever occurs first.\n (b) For the purposes of this subdivision, "stretch limousine" shall\nmean an altered motor vehicle having a seating capacity of nine or more\npassengers, including the driver, commonly referred to as a "stretch\nlimousine" and which is used in the business of transporting passengers\nfor compensation.\n (c)(i) A stretch limousine with an odometer reading that differs from\nthe number of miles the stretch limousine has actually traveled or that\nhas had a prior history involving the disconnection or malfunctioning of\nan odometer or which appears to the commissioner to have an inaccurate\nodometer reading based on prior inspection records, will be assigned an\nimputed mileage for each month from the last reliable odometer recording\nthrough the date of inspection, as provided in subparagraph (ii) of this\nparagraph. A motor carrier may seek review of the determination to\nassign imputed mileage as provided pursuant to article six of the\ntransportation law and rules and regulations promulgated thereunder.\n (ii) The imputed mileage shall be calculated by adding the mileage of\nthe stretch limousine recorded at the two most recent stretch limousine\ninspections, including roadside inspections conducted by the\ncommissioner of transportation or division of state police, whichever is\nmore recent, and dividing that sum by twenty-four. The quotient is the\nimputed monthly mileage.\n (iii) Unless otherwise provided by the commissioner of transportation,\na stretch limousine may not be operated or caused to be operated to\ntransport passengers for compensation or continue transporting\npassengers for compensation if a reliable baseline odometer reading\ncannot be ascertained.\n (iv) A motor carrier or operator who knows or has reason to believe\nthat the odometer reading of a limousine differs from the number of\nmiles the stretch limousine has actually traveled shall disclose that\nstatus to the commissioner or the department of transportation\nimmediately.\n * NB Effective April 20, 2026\n