N.Y. Vehicle & Traffic Law § 1680: Department of transportation to maintain a manual of uniform traffic-control devices

§ 1680. Department of transportation to maintain a manual of uniform

traffic-control devices. (a) The department of transportation shall

maintain a manual and specifications for a uniform system of

traffic-control devices consistent with the provisions of this chapter

for use upon highways within this state. Such uniform system shall

correlate with and so far as practicable conform to nationally accepted

standards. To the extent that the National Manual on Uniform Traffic

Control Devices (hereinafter referred to in this section as MUTCD),

promulgated by the Federal Highway Administration pursuant to subpart F

of part 655 of Title 23 of the Code of Federal Regulations and subject

to a public comment period under federal law, does not conflict with the

provisions of this chapter and the provisions of other laws of the

state, the National MUTCD shall constitute such state manual and

specifications; provided, however, such manual and specifications may be

modified by the commissioner of transportation by the adoption of a

supplement or supplements as such commissioner of transportation

determines warranted and in compliance with the applicable provisions of

the state administrative procedure act. The manual and its

specifications is adopted as the state standard for traffic control

devices on any street, highway, or bicycle path open to public travel.

No person shall install or maintain in any area of private property used

by the public any sign, signal, marking or other device intended to

regulate, warn or guide traffic unless it conforms with the state manual

and specifications maintained under this section. Unless otherwise

provided for by the adoption of a supplement by the commissioner of

transportation, the operational practices related to emergency incident

responses provided in the manual shall apply to police officers and

other emergency responders responding to an emergency only in so far as

such officers or emergency responders deem compliance with the manual

practicable.

(b) No provision of this chapter shall be deemed to require that such

manual contain authority for the future installation of any specific

kind or type of traffic-control device or combination of traffic-control

devices which in the judgment of the department of transportation does

not conform to such nationally accepted standards.

(c) No state or local authority shall hereafter fabricate or purchase

any traffic-control device that does not conform to the current manual

and specifications as amended from time to time. No state or local

authority shall hereafter install any traffic-control device that does

not conform to the current manual and specifications as amended from

time to time, except that devices that are on order or on hand and

serviceable or operable may be installed and used until the phase-in

compliance date specified in the MUTCD. No state or local authority

shall continue to use any traffic-control device that does not conform

to the current manual and specifications as amended from time to time

beyond the phase-in compliance date specified in the MUTCD, except that

a city having a population in excess of one million shall conform to the

state manual and specifications only insofar as such local authority in

its discretion deems practicable.

(d) No person, firm, association or corporation shall sell, lease, or

offer for sale or hire for use in this state any traffic control device

that does not conform to the current manual and specifications as

amended from time to time, or unless a certificate of approval has been

issued by the commissioner of transportation pursuant to the provisions

of section five hundred ninety-nine-b of the general business law. The

provisions of this subdivision shall not apply to the sale, lease or

offer for sale or hire to a city having a population in excess of one

million.