N.Y. Vehicle & Traffic Law § 1131: Driving on shoulders and slopes

§ 1131. Driving on shoulders and slopes. Except for bicycles and those

classes of vehicles required to travel on shoulders or slopes, no motor

vehicle shall be driven over, across, along, or within any shoulder or

slope of any state controlled-access highway except at a location

specifically authorized and posted by the department of transportation.

The foregoing limitation shall not prevent tow trucks from using

shoulders or slopes in as limited and incidental a manner as practicable

when dispatched to the scene of an accident by a law enforcement agency

or an authority, department or agency having jurisdiction over such

controlled-access highway and all lanes are obstructed by traffic,

provided, however, that the foregoing shall not relieve the driver of a

tow truck from the duty to drive with due regard for the safety of all

persons nor shall such provision protect the tow truck driver from the

consequences of his or her reckless disregard for the safety of others

and shall at all times operate such tow truck in compliance with all

standards of care imposed to prevent those injuries or damages to

persons or property of another which may result from the operator's

negligence, recklessness or intentional misconduct, nor shall it prevent

motor vehicles from using shoulders or slopes when directed by police

officers or flagpersons, nor does it prevent motor vehicles from

stopping, standing, or parking on shoulders or slopes where such

stopping, standing, or parking is lawful.