N.Y. Vehicle & Traffic Law § 375: Equipment

§ 375. Equipment. 1. (a) Every motor vehicle, operated or driven upon

the public highways of the state, shall be provided with adequate brakes

and steering mechanism in good working order and sufficient to control

such vehicle at all times when the same is in use, and a suitable and

adequate horn or other device for signaling, which horn or device shall

produce a sound sufficiently loud to serve as a danger warning but shall

not be used other than as a reasonable warning nor be unnecessarily loud

or harsh.

(b) Every such motor vehicle shall be equipped with suitable wipers or

other device which shall clear a sufficient area of the windshields to

provide reasonable driving vision. (i) The use or placing of posters or

stickers on windshields or rear windows of motor vehicles other than

those authorized by the commissioner, is hereby prohibited.

Notwithstanding any other provision of law, a summons for operating a

motor vehicle in violation of this subparagraph shall only be issued

when there is reasonable cause to believe that the person operating such

motor vehicle has committed a violation of the laws of this state other

than a violation of this subparagraph.

(i-a) The attaching to windshields and windshield wipers of handbills

and other forms of advertisements, is hereby prohibited.

(ii) In a city of one million or more, the attaching or affixing by

any means whatsoever of handbills or other forms of advertisements to a

motor vehicle is hereby prohibited. In any prosecution for an alleged

violation of this subparagraph, there shall be a rebuttable presumption

that the person whose name, telephone number, or other identifying

information appears on any handbill or other form of advertisement

attached or affixed to a motor vehicle shall be in violation of the

provisions of this subparagraph.

(iii) Notwithstanding any other provision of law, in addition to those

persons otherwise authorized to enforce this subdivision and adjudicate

violations thereof, the provisions of subparagraph (ii) of this

paragraph shall also be enforceable in a city having a population of one

million or more by an agency or agencies designated for such purpose by

the mayor of such city, and notices of violation may be returnable to

the environmental control board of such city, which shall have the power

to impose the monetary penalties provided in subdivision (b) of section

eighteen hundred of this chapter. Notwithstanding any other provision of

law, service of a notice of violation of subparagraph (ii) of this

paragraph committed in such city may be made upon a person by first

class mail, postage prepaid, and any such notice served by mail shall be

returnable only to such environmental control board. Such service by

first class mail shall be deemed complete upon mailing of the notice of

violation, unless the notice of violation is returned to the sender by

the United States postal service for any reason other than refusal of

delivery. In addition, any notice of violation for a violation of

subparagraph (ii) of this paragraph may be served by a means prescribed

in article three of the civil practice law and rules or article three of

the business corporation law. Notwithstanding any other provision of

law, such penalties imposed by such environmental control board shall be

paid into the general fund of such city.

(iv) Any final order issued pursuant to subparagraph (ii) of this

paragraph by an environmental control board of a city having a

population of one million or more shall constitute a judgment which may

be entered in any place provided for the entry of civil judgments within

the state, and may be enforced without court proceeding in the same

manner as the enforcement of money judgments entered in civil actions.

Notwithstanding the preceding sentence, before a judgment based upon a

default may be so entered, such environmental control board must have

notified the respondent by first class mail in such form as such

environmental control board may direct: (A) of the default decision and

order and the penalty imposed; (B) that a judgment will be entered in

any place provided for the entry of civil judgments in the state; and

(C) that the entry of such judgment may be avoided by requesting a stay

of default for good cause shown and either requesting a hearing or

entering a plea pursuant to the rules of such environmental control

board within thirty days of the mailing of such notice. No judgment

based upon a default may be so entered by the environmental control

board within thirty days of the mailing of such notice. No judgment

based upon a default may be so entered by the environmental control

board within less than sixty days from the completion of service by mail

of the notice of violation as provided in subparagraph (iii) of this

paragraph. Any requirement of any provision of law other than this

subdivision that related to the manner of service of the notice of

violation that precedes any final order of such environmental control

board shall not apply to a final order issued pursuant to this

subparagraph. A judgment entered pursuant to this subdivision shall

remain in full force and effect for eight years.

(c) Every trailer and semi-trailer weighing more than one thousand

pounds unladen and every trailer and semi-trailer manufactured or

assembled on or after January first, nineteen hundred seventy-one having

a registered maximum gross weight, an actual gross weight or gross

weight consisting of the unladen weight and maximum carrying capacity

recommended by the manufacturer in excess of three thousand pounds also

shall be equipped with adequate brakes in good working order if operated

or drawn on the public highways of this state. Every trailer while being

drawn upon the public highways of this state shall be so attached to the

vehicle drawing the same as to prevent the wheels of such trailer from

being deflected more than six inches from the path of the towing

vehicle's wheels. On and after January first, nineteen hundred

seventy-one every trailer, except a semi-trailer, while being drawn upon

the public highways of this state, shall be attached to the vehicle

drawing the same by a device of a type approved by the commissioner.

(d) The commissioner shall make rules prescribing standards of brake

efficiency, except for motor vehicles the standard of brake efficiency

of which are fixed by the department of public service, and no brakes

shall be deemed adequate within the meaning of this subdivision unless

they meet the requirements of such rules. Such rules shall be filed in

the office of the secretary of state and thereafter published once in

the state advertising bulletin and shall become effective one month

after such publication. Any amendment to such rules shall be likewise

filed and published and shall take effect one month after such

publication.

(e) No operator or registered owner of any motor vehicle having a

registered maximum gross weight of eighteen thousand pounds or more

shall disconnect or knowingly permit the disconnection of any set of

service brakes on such motor vehicle. Any violation of the provisions of

this paragraph shall occur only when such vehicle is actually operated

on the public highways. Such violation shall be punishable as a

misdemeanor.

2. (a) Every motor vehicle except a motorcycle, driven upon a public

highway during the period from one-half hour after sunset to one-half

hour before sunrise or at any other time when windshield wipers are in

use, as a result of rain, sleet, snow, hail or other unfavorable

atmospheric condition, and at such other times as visibility for a

distance of one thousand feet ahead of such motor vehicle is not clear,

shall display:

1. at least two lighted head lamps on the front, one on each side,

having light sources of equal power;

2. if manufactured prior to January first, nineteen hundred fifty-two,

at least one lighted lamp on the rear which shall display a red light

visible from the rear for a distance of at least five hundred feet;

3. if manufactured on or after January first, nineteen hundred

fifty-two, at least two lighted lamps on the rear, one on each side,

which lamps shall display a red light visible from the rear for a

distance of at least one thousand feet; and

4. if required to display a number plate on the rear, a white light

which shall illuminate the numerals on such plate in such manner as to

render such numerals legible for at least fifty feet from the rear. The

provisions of this subparagraph shall also apply to trailers.

(b) All lamps used on a motor vehicle except a motorcycle shall be so

arranged, adjusted and operated, as to avoid dangerous glare or dazzle.

Except as provided in paragraph (d) of this subdivision, the upper

outline of any beam of dazzling light projected to the left of the

longitudinal axis of the vehicle by the lowermost light distribution of

a headlamp designed to produce more than one light distribution, or by

the single light distribution of any other lamp used on such a motor

vehicle, shall not rise higher than the lamp center at a distance of

twenty-five feet nor higher than forty-two inches at a distance of

seventy-five feet. In each case, the height of the beam shall be

measured from the plane upon which the vehicle stands and the distance

shall be measured from the lamp projecting the light.

(c) No lamp shall be used on a motor vehicle having a light source

greater than thirty-two candle power, unless such lamp is approved by

the commissioner as provided by this section. The provisions of this

paragraph shall not apply to any light which is permitted to be

displayed only on an authorized emergency vehicle, a hazard vehicle or a

vehicle which is permitted to display a blue or green light pursuant to

paragraphs four and five of subdivision forty-one of this section.

(d) A motor vehicle, other than a motorcycle, equipped with any device

such as, but not limited to, a snow plow blade, which blocks or impairs

the projection of light from the headlamps of such vehicle, shall be

equipped with at least two additional headlamps on the front which

headlamps meet all the requirements of this subdivision for headlamps

except those provisions of paragraph (b) of this subdivision

specifically limiting the height of the beam of any headlamp.

3. Headlamps required pursuant to the provisions of subdivision two of

this section may be of the multiple beam type designed to produce more

than one distribution of light or of the single beam type designed to

produce only one distribution of light.

Provided that, whenever a vehicle approaching from ahead is within

five hundred feet, or when approaching a moving vehicle from the rear

and within two hundred feet of the same, the headlamps, if of the

multiple beam type, or the auxiliary front facing lamps, if the vehicle

is so equipped, shall be operated so that dazzling light does not

interfere with the driver of the approaching vehicle, or the vehicle

being approached, and, whenever the highway is so lighted or traffic

thereon is such that illumination of the highway for more than two

hundred feet ahead of the vehicle by lights on such vehicle is

unnecessary or impracticable, the headlamps, if of the multiple beam

type, or the auxiliary front facing lamps, if the vehicle is so

equipped, shall be operated with the lowermost distribution of light in

use. Nothing contained in this subdivision shall be construed to prevent

the use of flashing high beams to signify an intention to pass a vehicle

or vehicles when two or more vehicles are traveling in the same

direction, the operation of any headlamp as defined in paragraph d of

subdivision two of this section, nor shall it apply to any auxiliary

front facing lamp permitted to be displayed only on an authorized

emergency vehicle.

4. No headlamp shall be used upon any motor vehicle except a

motorcycle operated upon the public highways of this state, unless such

lamp is approved by the commissioner or is equipped with a lens or other

device approved by the commissioner. Every such headlamp, lens or other

device shall be applied and adjusted in accordance with the requirements

of the certificate approving the use thereof. Every such headlamp shall

be firmly and substantially mounted on the motor vehicle in such manner

as to allow the lamp to be properly and readily adjusted. The operator

of every motor vehicle shall permit any police officer or other person

exercising police powers to inspect the equipment of such motor vehicle,

and make such tests as may be necessary to determine whether the

provisions of this section are being complied with.

Any certificate of approval heretofore issued pursuant to law, or

hereafter issued by the commissioner may be revoked by the commissioner,

after a hearing of which the person or corporation named therein, or his

or its successor in interest, shall have been given reasonable notice

and an opportunity to appear and be heard upon the ground that the

device does not comply with the provisions of this section, and the

rules and regulations of the commissioner and the decision of the

commissioner revoking such certificate shall be final; such revocation,

however, of a lens or other headlighting device heretofore or hereafter

approved shall not take effect until six months after the decision of

the commissioner revoking the same and shall apply only to vehicles

manufactured and used thereafter on the highways of this state.

The foregoing provisions governing lights on motor vehicles do not

apply to so-called dimmers the use of which is permitted or required by

local ordinances.

The commissioner may make such rules and regulations relative to

lights on motor vehicles and the approval of the same as are not

inconsistent with the specific provisions of this section.

7. It shall be unlawful for any person, firm, association or

corporation to sell or offer for sale a headlighting device without

delivering therewith to the purchaser a printed sheet of instructions

describing the device in detail, its method of mounting, arrangement and

adjustment and specifying the candle power of the lamps to be used

thereon and any other matter that may be necessary to insure compliance

in the use of such device with the provisions of this article and the

certificate of approval. Such instructions shall be printed with a

photogravure of the pattern of light from one headlight shown on a

regulation testing screen with respect to a horizontal cross line placed

across the face of such screen at a height equal to the height of the

center of such headlight, and with the headlight adjusted in accordance

with the rules and regulations of the commissioner. The sale of a

headlighting device not approved under the provisions of this section is

prohibited. A violation of any of the provisions of this subdivision

shall be a misdemeanor.

9. Every omnibus operating upon the public highways of the state

having a carrying capacity of ten or more passengers, shall be equipped

with one hand fire extinguisher of at least 4 B:C Underwriters'

Laboratories rating or a similar rating by any qualified laboratory or

testing organization which meets the criteria of American Society for

Testing Materials test E548-76. Fire extinguishers shall be kept in good

operating condition at all times and must be mounted in a place readily

accessible for use.

10. a. Every motor vehicle, when driven or operated upon a public

highway, shall be equipped with a mirror or other reflecting device so

adjusted that the operator of such vehicle shall have a clear and full

view of the road and condition of traffic behind such vehicle.

b. In addition to the above requirements, an omnibus having a capacity

of ten or more passengers registered in this state and manufactured or

assembled after July first, nineteen hundred seventy, shall be equipped

with a mirror attached to the right side of such vehicle and so adjusted

that the driver thereof shall have a clear and full view of the road and

condition of traffic behind such vehicle.

c. Every passenger motor vehicle registered in this state and

manufactured or assembled after June thirtieth, nineteen hundred

sixty-nine, and designated as a nineteen hundred seventy or subsequent

year model, shall be equipped with adjustable interior mirrors meeting

specifications established by the commissioner which specifications may

provide minimum and maximum reflectance values.

d. Every new passenger-type motor vehicle, except a motorcycle,

manufactured for sale in New York state on or after January first, in

the year next succeeding the effective date of this paragraph shall be

manufactured with an interior rear-view mirror of the selective position

prismatic type with a reflectance value in the night driving position of

at least four percent; or its functional equivalent. For purposes of

this section, "passenger-type motor vehicle" shall mean any motor

vehicle with a seating capacity of not more than fifteen adults, not

including the driver, that is equipped with one or more rear windows.

Any violation of the provisions of this paragraph by any manufacturer

shall constitute an offense and shall be punishable by a civil fine of

not more than seven hundred fifty dollars for each offense.

e. Every single-unit motor vehicle registered in this state, operated

for commercial purposes and having a cube style or enclosed walk-in

delivery bay, where such delivery bay has a length of eight feet six

inches or more, but not exceeding a length of eighteen feet, shall be

equipped with a cross-view back-up mirror system, rear video system,

rear object detection system , or other device, which enables the driver

of the vehicle to detect by means of a visual, or visual and audible

warning-indicator, persons and objects located directly behind the

vehicle. The commissioner is hereby authorized to promulgate regulations

providing specifications for mirrors or other devices as required by

this paragraph.

f. Every sani-van and motor vehicle commonly classified as a garbage

truck purchased on or after January first, two thousand eight and

registered in this state, which is operated in and engages in the

collection of garbage or refuse in the county of Westchester shall be

equipped with a rear video system, rear object detection system, or

other device which enables the driver of the vehicle to detect by means

of a visual, or visual and audible warning-indicator, persons and

objects located directly behind the vehicle. The commissioner is hereby

authorized to promulgate regulations providing specifications for

mirrors or other devices as required by this paragraph. Provided,

however, that the provisions of this paragraph shall not apply to motor

vehicles commonly classified as rolloff vehicles that are used for the

express purpose of transporting waste containers such as open boxes or

compactors.

10-a. It shall be unlawful after July first, nineteen hundred

sixty-seven to operate on any public highway in this state any motor

vehicle registered in this state, manufactured or assembled on or after

such date, and designated as a nineteen hundred sixty-eight or later

model, unless such vehicle is equipped with an adjustable side view

mirror which shall be affixed to the left outside of such vehicle and

which shall be adjustable so that the operator of such vehicle may have

a clear view of the road and condition of traffic on the left side and

to the rear of such vehicle.

10-b. It shall be unlawful after June thirtieth, nineteen hundred

seventy-three to operate on any public highway or street in this state,

any passenger type motor vehicle except convertible, suburban and

omnibus or other motor vehicle that has a roll-down rear window or a

rear window or windows located in a movable closure (door-like) member

registered in this state, manufactured or assembled after said date, and

designated as a nineteen hundred seventy-four or subsequent model unless

such vehicle be equipped with a rear window defogger or defroster, which

shall be so located and adjusted that its operation will give the

operator of such vehicle, by means of the mirror or other reflecting

device required by subdivision ten of this section, a view of the road

and the condition of traffic behind such vehicle.

10-c. It shall be unlawful after June thirtieth, nineteen hundred

eighty-five to operate on any public highway or street in this state,

any passenger type motor vehicle that has a rear window or windows

located in a movable closure (door-like) member, except for a

multipurpose passenger vehicle (designed to carry ten persons or less

and constructed either on a truck chassis or with special features for

occasional off-road operation) registered in this state and manufactured

or assembled after said date, and designated as a nineteen hundred

eighty-six or subsequent model unless such vehicle be equipped with a

rear window defogger or defroster, which shall be so located and

adjusted that its operation will give the operator of such vehicle, by

means of the mirror or other reflecting device required by subdivision

ten of this section, a view of the road and the condition of traffic

behind such vehicle.

10-d. It shall be unlawful after December thirty-first, nineteen

hundred ninety-two to operate on any public highway or street in this

state, any passenger type motor vehicle that has a rear window located

in a single movable closure (door-like) member and which has a

non-removeable top, registered in this state and manufactured or

assembled after said date, and designated as a nineteen hundred

ninety-three or subsequent model unless such vehicle be equipped with a

rear window defogger or defroster, which shall be so located and

adjusted that its operation will give the operator of such vehicle, by

means of the mirror or other reflecting device required by subdivision

ten of this section, a view of the road and the condition of traffic

behind such vehicle.

* 10-e. Every truck, tractor, and tractor-trailer or semitrailer

combination registered in this state having a gross vehicle weight

rating of twenty-six thousand pounds or more, and a conventional cab

configuration in which more than half of the engine length is forward of

the foremost point of the windshield base and the steering wheel hub is

in the forward quarter of the vehicle length, whenever operated within a

city having a population of one million or more on highways other than

controlled-access highways, shall be equipped with a convex mirror on

the front of such vehicle or combination of vehicles. When such vehicle

or combination of vehicles is being operated, such mirror shall be

adjusted so as to enable the operator thereof to see all points on an

imaginary horizontal line which: (a) is three feet above the road, (b)

is one foot directly forward from the midpoint of the front of such

motor vehicle, and (c) extends the full width of the front of such

vehicle or combination of vehicles. Provided, however, the commissioner,

in consultation with the commissioner of transportation, may promulgate

rules and regulations exempting from the requirements of this

subdivision any vehicle or combination of vehicles where such

commissioner has determined that the use of such convex mirrors would

not increase the visibility of persons or objects located directly in

front of such vehicle or combination of vehicles.

* NB Repealed upon conditions set forth in chapter 138 of 2011 § 2

11. It shall be unlawful after January first, nineteen hundred

thirty-four to operate on any public highway or street, in this state, a

motor vehicle manufactured or assembled after said date, designed or

used for the purpose of carrying passengers for hire, or as a public

conveyance to transport school children and others, unless such vehicle

be equipped with safety glass wherever glass is used in doors, windows

and windshields.

12. It shall be unlawful to operate on any public highway or street in

this state any motor vehicle registered in New York state unless such

vehicle be equipped with safety glass wherever glass is used in doors,

windows and windshields. For the purposes of this subdivision, any

device other than a trailer, which is attached to or carried upon a

motor vehicle and which lawfully can be occupied while the motor vehicle

is in motion, shall be considered a part of such motor vehicle.

12-a. (a) Every motor vehicle, except a motorcycle, when driven or

operated upon a public highway, road or street shall be equipped with a

front windshield in a fixed and more or less upright position

constructed of safety glass as defined in subdivision fourteen of this

section and required by subdivisions eleven and twelve hereof. No person

shall drive any motor vehicle with any sign or other nontransparent

material other than a certificate or paper required to be displayed by

law upon the front windshield or the sidewings or side windows on either

side forward of or adjacent to the operator's seat.

(b) No person shall operate any motor vehicle upon any public highway,

road or street:

(1) the front windshield of which is composed of, covered by or

treated with any material which has a light transmittance of less than

seventy percent unless such materials are limited to the uppermost six

inches of the windshield; or

(2) the sidewings or side windows of which on either side forward of

or adjacent to the operator's seat are composed of, covered by or

treated with any material which has a light transmittance of less than

seventy percent; or

(3) if it is classified as a station wagon, sedan, hardtop, coupe,

hatchback or convertible and any rear side window has a light

transmittance of less than seventy percent; or

(4) the rear window of which is composed of, covered by or treated

with any material which has a light transmittance of less than seventy

percent. A rear window may have a light transmittance of less than

seventy percent if the vehicle is equipped with side mirrors on both

sides of the vehicle so adjusted that the driver thereof shall have a

clear and full view of the road and condition of traffic behind such

vehicle.

(c) Any person required for medical reasons to be shielded from the

direct rays of the sun and/or any person operating a motor vehicle

belonging to such person or in which such person is an habitual

passenger shall be exempt from the provisions of subparagraphs one and

two of paragraph (b) of this subdivision provided the commissioner has

granted an exemption and notice of such exemption is affixed to the

vehicle as directed by the commissioner. The applicant for such

exemption must provide a physician's or nurse practitioner's statement

with the reason for the exemption, the name of the individual with a

medically necessary condition operating or transported in the vehicle,

the specific condition involved, and the minimum level of light

transmission required. The commissioner shall only authorize exemptions

where the medical condition certified by the physician or nurse

practitioner is contained on a list of medical conditions prepared by

the commissioner of health pursuant to subdivision sixteen of section

two hundred six of the public health law. If such exemption is granted,

the commissioner shall make a record thereof and shall distribute a

sufficiently noticeable sticker to the applicant to be attached to any

window so shielded or altered pursuant to such exemption.

(d) The commissioner may test any window for a person who has been

charged with violating this subdivision. If such window is found to be

in conformity with this subdivision, a small label attesting to the

conformity shall be affixed to the window tested.

(e) On and after January first, nineteen hundred ninety-two, no person

shall manufacture, sell, offer for sale, equip or operate a motor

vehicle in this state in violation of the provisions of this

subdivision, except that a person may operate a nineteen hundred

ninety-one or earlier model year vehicle without violating this

subdivision if the windows on said vehicle were in conformity with this

subdivision as it existed on December thirty-first, nineteen hundred

ninety-one.

(f) The commissioner shall make such rules and regulations as he shall

deem necessary to carry out the provisions of this subdivision.

(ff) Notwithstanding any other provision of this section or any other

general, special or local law, charter, administrative code, ordinance,

rule or regulation to the contrary, any person operating a motor vehicle

in a burial or funeral procession while travelling to or from a funeral,

interment or cremation may place a funeral sign no larger than eight and

one half by fourteen inches in any window of such vehicle, as long as

such sign when so placed will not prevent such person from having a

clear and full view of the road and the condition of traffic behind such

vehicle.

13. It shall be unlawful for any person, firm or corporation to

replace glass in doors, windows, or windshields of motor vehicles unless

such replacement be made with safety glass.

14. The term "safety glass" as used in this section shall be construed

to mean any product composed of glass, so manufactured, fabricated or

treated as substantially to prevent shattering and flying of the glass

when struck or broken, or such other or similar product as may be

approved by the commissioner.

15. The commissioner of motor vehicles shall maintain a list of types

of glass approved by him as conforming to the specifications and

requirements for safety glass as set forth in this section, and shall

not issue a license for or relicense any motor vehicle subject to the

provisions of subdivisions eleven and twelve unless such motor vehicle

be equipped as therein provided with such approved type of glass.

16. The owner and operator of any motor vehicle operated in violation

of the provisions of subdivisions eleven and twelve shall be guilty of a

traffic infraction. In case of the violation of such subdivisions by any

common carrier or person operating under a permit issued by the public

service commission (or other authorized body or person), said permit

shall be revoked, or, in the discretion of the commissioner, suspended

until the provisions of such subdivisions are satisfactorily complied

with.

17. Every omnibus having a seating capacity of more than ten

passengers, every truck having a maximum gross weight in excess of

twelve thousand pounds and every combination of tractor and trailer

operated upon a public highway shall carry emergency lighting equipment

ready at all times for immediate use. The equipment of the vehicle or

combination of vehicles may consist of flares of the type used by

railroads, flaring candles, torches, lanterns or red emergency

reflectors provided it is adequate to provide a warning light in all

kinds of weather both in front of and in the rear of the vehicle for at

least eight hours. No red emergency reflector shall be deemed adequate

within the meaning of this subdivision unless it is of a size and type

approved by the commissioner, and conforms to minimum specifications

established by him, which minimum shall not be less than the minimum

established by the interstate commerce commission for buses and trucks

in interstate commerce. When any such vehicle or a combination of

vehicles, except an omnibus which stops for the purpose of taking on or

discharging passengers, is parked or left standing on a public highway

except within a city or incorporated village, during the period from

one-half hour after sunset to one-half hour before sunrise, the operator

of such vehicle or combination of vehicles shall cause at least one

light, or reflector or lighted flare to be placed on the highway in

front of such vehicle or combination of vehicles, and at least one

light, reflector or lighted flare on the highway in the rear of such

vehicle or combination of vehicles at a distance of approximately one

hundred feet in the front of and at the rear of such vehicle or

combination of vehicles, provided that if such vehicle is parked or left

standing within three hundred feet of a curve, crest of hill, or other

obstruction, the flare, candle, torch, lantern, or reflector in that

direction shall be so placed as to afford ample warning to other highway

users but in no case less than approximately one hundred feet or more

than approximately three hundred feet from the stopped vehicle.

18. Except as otherwise provided herein, it shall be unlawful to

operate on any public highway or street in this state any motor vehicle,

or combination of motor vehicle and trailer, so constructed or so loaded

that the driver thereof is unable to indicate clearly by hand signals to

approaching and following traffic his intention of stopping or turning,

unless such motor vehicle or combination of vehicles shall be equipped

with directional signals approved by the commissioner, provided,

however, it shall be unlawful after January first, nineteen hundred

fifty-two to operate on any public highway or street in this state any

motor vehicle registered in this state, manufactured or assembled after

said date unless such vehicle be equipped with directional signals

approved by the commissioner. It shall also be unlawful to fail to cause

such signals to be maintained, at all times in good and sufficient

working order. The provisions of this subdivision shall not apply to

special purpose commercial motor vehicles registered under schedule F of

subdivision seven of section four hundred one of this chapter or to a

vehicle or combination of vehicles lawfully operated under registration

issued, under section four hundred fifteen of this chapter or under a

similar provision of the law of another jurisdiction.

18-a. Any motor vehicle may be equipped with and every motor vehicle

registered in this state and manufactured or assembled after June

thirtieth, nineteen hundred sixty-five, and designated as a nineteen

hundred sixty-six or subsequent year model, shall be equipped with a

device, approved by the commissioner, by means of which the operator may

cause the two front and two rear directional signals to flash

simultaneously for the purpose of warning the operators of other

vehicles of the presence of a vehicular traffic hazard requiring the

exercise of unusual care in approaching, overtaking or passing. The

provisions of this subdivision requiring that certain motor vehicles

shall be so equipped shall not apply to special purpose commercial motor

vehicles registered under schedule F of subdivision seven of section

four hundred one or to a vehicle or combination of vehicles lawfully

operated under registration issued under section four hundred fifteen.

19. It shall be unlawful for the owner to operate, park or stand a

motor vehicle or trailer on any public highway or street in this state,

or to authorize another to so operate, park or stand a motor vehicle or

trailer, with the consent of such owner, expressed or implied, unless

such motor vehicle or trailer be equipped and lighted as provided by

this section and by section three hundred seventy-six, and the

operation, parking or standing on a public highway or street in this

state of a motor vehicle or trailer which is not so equipped and lighted

or which is defectively equipped and lighted is hereby prohibited.

20. Every omnibus having a seating capacity of more than seven

passengers, used exclusively to transport pupils, teachers and other

persons acting in a supervisory capacity to and from school or school

activities, or to transport children, instructors or other persons

acting in a supervisory capacity to and from child care centers

maintained for migrant farm and food processing laborers or to transport

children, instructors or other persons acting in a supervisory capacity

to and from camp or camp activities, or to transport children,

instructors or other persons acting in a supervisory capacity to and

from religious services or instruction shall be equipped in the manner

provided by this subdivision and any such omnibus used by any state

facility or not-for-profit agency licensed by the state and used to

transport persons with disabilities, instructors or other persons acting

in a supervisory capacity may be equipped in the manner provided by this

subdivision:

(a) For each such omnibus having a seating capacity in excess of

fifteen children, there shall be colored flashing signal lamps

conforming to regulations prescribed by the commissioner on the front

and on the rear thereof, including at least one flashing red signal lamp

on the front thereof and at least one flashing red signal lamp on the

rear thereof. For each such omnibus having a seating capacity of not

more than fifteen children, there shall be colored flashing signal lamps

conforming to regulations prescribed by the commissioner facing the

front and facing the rear thereof, and at least one flashing red signal

lamp facing the front thereof and at least one flashing red signal lamp

facing the rear thereof. The driver of every such vehicle shall keep

such red signal lamps lighted whenever passengers are being received or

discharged or whenever he has stopped within fifty feet to the rear of a

vehicle with such red signal lamps lighted, and shall light all other

required signal lamps, as a warning, prior to stopping to receive or

discharge passengers in accordance with regulations prescribed by the

commissioner.

(b) (1) In addition to such signal lamps, two signs shall be

conspicuously displayed on the exterior of every such omnibus

designating it as a school omnibus by the use of the words "SCHOOL BUS"

which shall be painted or otherwise inscribed thereon in black letters.

Such letters shall be of uniform size, at least eight inches in height,

and each stroke of each letter shall be not less than one inch in width.

The background of each such sign shall be painted the color known as

"national school bus chrome." For each such omnibus having a seating

capacity in excess of fifteen children, such signs shall be securely

mounted on top of such vehicle, one of which shall be affixed on the

front and one on the rear thereof. For each such omnibus having a

seating capacity of not more than fifteen children, such signs shall be

securely mounted on top of such vehicle, one of which shall face the

front and one of which shall face the rear thereof. Each such sign shall

be visible and readable from a point at least two hundred feet distant.

(2) The universal handicapped symbol shall be conspicuously displayed

on the exterior of every omnibus equipped with a wheelchair lift which

transports children with disabilities. The commissioner shall promulgate

regulations regarding the size and location of such universal

handicapped symbol. The commissioner shall require that any new signage

relating to accessibility installed or replaced on or after the

effective date of the chapter of the laws of two thousand fourteen which

amended this subparagraph depict the logo promulgated by the secretary

of state pursuant to section one hundred one of the executive law.

(c) In the event such vehicle is operated on a public highway during

the period between one-half hour after sunset and one-half hour before

sunrise, the signs required by paragraph (b) of this subdivision shall

be illuminated as to be visible from a point at least five hundred feet

distant.

(d) Every such omnibus shall be equipped as provided in paragraphs (a)

and (b) of this subdivision, and such signs shall be displayed and

illuminated in accordance with paragraphs (b) and (c) of this

subdivision, and such signal lamps shall be operated as provided in

paragraph (a) of this subdivision at all times when such omnibus shall

be engaged in transporting pupils to and from school or school

activities or in transporting children to and from child care centers

maintained for children of migrant farm and food processing laborers, or

in transporting children to and from camp or camp activities or

transporting children to and from religious services or instruction or

transporting persons with disabilities on any such omnibus used by any

state facility or not-for-profit agency licensed by the state.

(e) Every such omnibus, having its engine located ahead of the driver,

with a seating capacity of more than twelve school children shall be

equipped with a mirror, convex in shape, at least eight inches in

diameter, firmly mounted at hood, windshield or fender-top height in

front of the bus. It shall be located on either the left or right side

of the bus in such manner that the seated driver may observe through its

use the road from the front bumper forward to the point where direct

observation is possible.

(f) The commissioner of motor vehicles is hereby authorized and

empowered to adopt and, from time to time, to amend such regulations,

not inconsistent with this subdivision, governing the color, number,

size, type, construction and use of such signal lamps and signs, as he

may deem necessary for public safety. On and after July first, nineteen

hundred fifty-one, no such signal lamp or sign shall be deemed to comply

with the requirements of this subdivision unless it is of a size and

type approved by the commissioner and unless it shall conform to the

specifications prescribed and promulgated by him.

(g) In the event, however, that such an omnibus, equipped as herein

provided, shall cease to be used to transport pupils or pupils and

teachers or children of migrant laborers and migrant child care center

instructors, or children and camp instructors, the equipment, markings

and paint, herein provided for, shall be removed and changed within

fifteen days after relicense. Nothing contained in this section,

however, shall be deemed to waive any other requirements as to

equipment, markings and paint, contained in this chapter.

(h) All the provisions of this chapter relating to school buses shall

apply with equal force and effect to buses used in transporting children

and instructors to and from child care centers maintained for children

of migrant farm and food processing laborers and to buses used in

transporting children to and from camp or camp activities and to buses

used in transporting children to and from religious services or

instruction. As used in this subdivision, camp or camp activities shall

mean day camp or day camp activities respectively.

(i) Every omnibus subject to the provisions of this subdivision shall

be operated with headlights and taillights illuminated at all times of

day or night.

(j) The commissioner of transportation, in his discretion, by

regulation or upon written request, by departmental order, for good

cause, may exempt any school bus that does not receive or discharge

passengers on or along the public highways on regularly scheduled routes

from the requirements of any or all paragraphs of subdivisions twenty

and twenty-one of this section.

(k) All omnibuses manufactured or assembled prior to April first,

nineteen hundred seventy-seven and all omnibuses manufactured or

assembled after April first, nineteen hundred seventy-seven which do not

meet federal standards for school bus safety, shall be phased out of use

beginning with the nineteen hundred ninety-six--nineteen hundred

ninety-seven school year and ending with the nineteen hundred

ninety-seven--nineteen hundred ninety-eight school year. In each of such

school years, at least one-half of such omnibuses shall be retired from

use according to the following formula: in the nineteen hundred

ninety-six--nineteen hundred ninety-seven school year, the minimum

number of such omnibuses to be phased out of each owner/operator's fleet

shall be the total number of such omnibuses divided by two and rounded

upwards to the nearest whole number. All such omnibuses remaining shall

be phased out in the nineteen hundred ninety-seven--nineteen hundred

ninety-eight school year.

Notwithstanding the foregoing provisions of this paragraph the

commissioner of education may make exceptions on a case by case basis if

a school district certifies to the commissioner of education that a

certain omnibus should not be retired for reason of economic hardship

and the commissioner of transportation determines upon inspection that

such omnibus is in good working order. In making his determination, the

commissioner of transportation shall consider, among other relevant

factors, the relative age and structure of each such omnibus. When such

determination is made, every such omnibus so certified shall be

reinspected by the commissioner of transportation once every six months.

Any school district receiving an exemption from the provisions of this

paragraph for any omnibus shall provide to the commissioner of education

an annual recertification of economic hardship.

(l)(1) Every such omnibus used on a regular basis to transport pupils

with a disability on a regularly scheduled route shall, with the written

consent of the parent, guardian, or person in a position of loco

parentis, have maintained on such omnibus the following information

about each such pupil:

(i) name;

(ii) nature of the disability; and

(iii) the name of such pupil's parent, guardian, or person in a

position of loco parentis and one or more telephone numbers where such

person can be reached in an emergency, and/or the name and telephone

number of any other person designated by such parent, guardian or person

in a position of loco parentis as a person who can be contacted in an

emergency.

(2) Such information shall be used solely for the purpose of

contacting such pupil's parent, guardian, person in a position of loco

parentis, or designee in the event of an emergency involving such pupil,

shall be kept in a manner which retains the privacy of the pupil, and

shall not be accessible to any person other than the driver or a teacher

acting in a supervisory capacity. Provided, however, that in the event

that such driver or teacher is incapacitated, such information may be

accessed by any emergency services provider for the purpose authorized

by this subparagraph.

(3) Such information shall be updated as needed, but at least once

each school year. Such information shall be destroyed if: parental

consent is revoked; the pupil no longer attends such school; or, the

disability no longer exists.

(4) For the purposes of this paragraph, the term "disability" shall

mean a physical or mental impairment that substantially limits one or

more of the major life activities of a pupil, whether of a temporary or

permanent nature.

21. Every motor vehicle having a seating capacity of more than seven

passengers, and used primarily to transport pupils or pupils and

teachers to and from school, shall be painted the color known as

"national school bus chrome."

In the event, however, such a motor vehicle so painted shall cease to

be used to transport pupils or pupils and teachers, the color of paint

herein provided for, shall be changed to another color, within fifteen

days of relicense.

21-a. In any case where a New York state police or New York city,

Albany, Buffalo, Rochester, Syracuse or Yonkers police department

vehicle is painted a distinctive color which would designate it in the

public's view as such a state or city police vehicle, the purchaser of

such vehicle shall cause the color of its paint to be altered within

fifteen days of registration.

21-b. The commissioner shall promulgate rules and regulations for the

use of two-way radios on school buses.

21-c. The commissioner, in consultation with the commissioner of

transportation, shall promulgate rules and regulations for the use of

stop-arms on school buses which shall include provisions for a second

stop-arm to be located on the driver's side as close as is practical to

the rear corner of the bus. Every school bus designed with a capacity of

forty-five persons or more, and manufactured for use in this state on or

after January first, two thousand two shall be equipped with a second

stop-arm in compliance with such regulations.

21-d. The commissioner shall promulgate rules and regulations for the

use of back up beepers on school buses.

21-e. The commissioner shall promulgate rules and regulations for the

use of front crossing arms on school buses.

21-f. The commissioner shall promulgate rules and regulations for the

use of safety sensor devices on school buses.

21-g. Every school bus manufactured for use in this state after April

first, nineteen hundred ninety, shall be equipped with back-up beepers.

* 21-h. It shall be unlawful for any motor vehicle having a seating

capacity of more than seven passengers, and used primarily to transport

pupils or pupils and teachers to and from school to be mounted with, or

have placed or installed thereon any sign, placard or other display

except as provided by law. Provided, however, that the provisions of

this subdivision shall not apply to such motor vehicles operating in a

city with a population of one million or more.

* NB There are 2 sub. 21-h's

* 21-h. (a) Every school bus manufactured for use in this state on or

after April first, two thousand, shall be equipped with exterior

reflective markings which comply with the rules and regulations

promulgated by the commissioner pursuant to paragraph (c) of this

subdivision.

(b) Every school bus used to transport ten or more passengers in this

state on or after September first, two thousand two, shall be equipped

with exterior reflective markings which comply with the rules and

regulations promulgated by the commissioner pursuant to paragraph (c) of

this subdivision.

(c) The commissioner shall promulgate rules and regulations for

exterior reflective markings required to be attached on school buses.

Such rules and regulations:

(1) shall require the rear of school buses to be marked with

reflective material to outline the perimeter of the back of the bus and

of the rear emergency exit;

(2) shall require the horizontal application of strips of reflective

material, not less than one and three-quarters inches wide, above the

rear windows, and above the rear bumper from the edges of the rear

emergency exit door to both corners of the school bus with vertical

strips of reflective material at each corner connected to the horizontal

strips;

(3) shall require the horizontal application of strips of reflective

material, not less than one and three-quarters inches wide, the entire

length of the sides of the school bus body and located equidistant

between the floorline and the beltline of the bus; and

(4) may require the marking of the front, rear or both bumpers of

school buses with reflective material between one and three-quarters and

two and one-quarter inches wide applied thereto at a forty-five degree

angle to the center line of the road surface.

* NB There are 2 sub. 21-h's

21-i. (a) (1) Every school bus manufactured on or after January first,

nineteen hundred ninety, fueled with other than diesel fuel and used to

transport three or more students who use wheelchairs or other assistive

mobility devices or with a total capacity of more than eight passengers

and used to transport students who use wheelchairs or other assistive

mobility devices shall be equipped with an engine fire suppression

system.

(2) Every school bus manufactured for use in this state on or after

September first, two thousand seven fueled with diesel fuel and used to

transport three or more students who use wheelchairs or other assistive

mobility devices or with a total capacity of more than eight passengers

and used to transport students who use wheelchairs or other assistive

mobility devices shall be equipped with an engine fire suppression

system.

(b) The commissioner of the department of transportation shall

promulgate rules and regulations establishing standards for the use of

engine fire suppression systems on school buses used to transport

students who use wheelchairs or other assistive mobility devices.

* 21-j. (a) Every school bus which is owned and operated by a school

district or which is privately owned and operated for compensation under

contract with such district may be equipped with signs, placards or

other displays giving notice to approaching motor vehicle operators that

school bus photo violation monitoring systems are in use, provided that

such school district has entered an agreement pursuant to section

twenty-two of chapter one hundred forty-five of the laws of two thousand

nineteen with a county, city, town or village which has established a

demonstration program pursuant to section eleven hundred seventy-four-a

of this chapter imposing monetary liability on the owner of a vehicle

for failure of an operator thereof to comply with section eleven hundred

seventy-four of this chapter. Such signs, placards or other displays

shall comply with the rules and regulations promulgated by the

commissioner pursuant to paragraph (b) of this subdivision.

(b) The commissioner shall promulgate rules and regulations for the

content, size and placement on school buses of a sign, placard or other

display, as authorized pursuant to paragraph (a) of this subdivision,

giving notice to approaching motor vehicle operators that school bus

photo violation monitoring systems are in use.

* NB Repealed December 1, 2024 and also upon specific provisions set

forth in chapter 325 of 2021 § 3

22. It shall be unlawful to operate a motor vehicle upon the public

highways of this state which is equipped with any glass which is so

broken, fractured or discolored as to distort visibility.

23. Every motor vehicle operated for hire upon the public highways of

this state shall be equipped with handles or other devices which shall

permit the door or doors to the passenger compartment to be readily

opened from the interior of the vehicle.

24. It shall be unlawful to operate upon any public highway in this

state a motor vehicle which is equipped with a television receiving set

within view of the operator or in which a television receiving set is in

operation within the view of the operator. A motor vehicle shall not be

deemed to be equipped with a television receiving set solely because

such set utilizes power from such vehicle. The provisions of this

subdivision shall not prohibit a vehicle with a weight of ten thousand

pounds or more or a school bus from using closed-circuit television

receiving equipment exclusively for safety and maneuvering purposes, in

accordance with regulations to be established by the commissioner.

24-a. It shall be unlawful to operate upon any public highway in this

state a motor vehicle, limited use automobile, limited use motorcycle or

bicycle while the operator is wearing more than one earphone attached to

a radio, tape player or other audio device.

25. (a) On and after the first day of January, nineteen hundred

seventy-four it shall be unlawful to operate on any public highway or

street in this state any tractor, commercial motor vehicle, combination

of a commercial motor vehicle and trailer, or combination of a

truck-tractor and semi-trailer which is not so constructed or equipped

as reasonably to bar water or other road surface substances from being

thrown by the rearmost wheels beyond the extreme rear of the vehicle or

combination of vehicles, and to minimize side spray.

(b) Unless the commercial vehicle or combination vehicle is so

designed or constructed to accomplish the objectives set forth in

paragraph (a) of this subdivision by reason of fender or body

construction or other means of enclosure, any such commercial vehicle or

combination vehicle shall be equipped, on and after January first,

nineteen hundred fifty-seven, with splash guards and stone deflectors

which shall be composed of materials substantial enough to withstand

ripping or tearing by ordinary means and withstand the action of the

elements for a reasonable length of time. Such splash guards and stone

deflectors shall also have a reasonable degree of flexibility and the

distance from the lower end thereof to the ground shall not exceed

one-third of the distance, measured along the ground, from the bottom of

the splash guard to the point of contact of the rear wheel.

(c) The commissioner of motor vehicles is hereby authorized and

empowered to make rules and regulations with respect to splash guards

and stone deflectors, their type and construction, manner of attachment

to vehicles and all other matters requisite for the proper effectuation

of the purposes of this subdivision. In making such rules and

regulations the commissioner shall be guided by the desirability of

uniformity in requirements with regard to splash guards and stone

deflectors among the several states.

(d) The provisions of this subdivision shall not apply to motor

vehicles, trailers and semi-trailers registered pursuant to subdivision

thirteen of section four hundred one of this chapter, and not operated

upon the public highways in excess of one and one-half miles by direct

route between farms or portions of farms under single or common

ownership or operation.

26. A gong or siren whistle shall not be used on any vehicle other

than an authorized emergency vehicle. This shall not be construed to

apply to a gong or siren designed and used solely as a burglar alarm on

a vehicle.

27. When a vehicle (a) has a crane, boom or other similar device

attached or (b) is loaded with any material, and such crane, boom,

device or material extends four feet or more beyond the front or rear of

such vehicle, such vehicle shall be provided with a red flag not less

than twenty-four inches square by day and a red light visible from the

rear and an amber light visible from the front for a distance of at

least five hundred feet by night on the extreme end of the extending

portion of such crane, boom, device or material.

28. No person shall operate upon a public highway a vehicle which

emits unnecessary smoke or unnecessary offensive vapors.

28-a. Except as permitted or authorized by law, no person shall

remove, dismantle or otherwise cause to be inoperative any equipment or

feature constituting an operational element of a motor vehicle's air

pollution control system or mechanism required by federal or state law

or by any rules or regulations promulgated pursuant thereto.

28-b. Except where inconsistent with federal law, every motor vehicle

registered in this state and manufactured or assembled after June

thirty, nineteen hundred sixty-three shall be equipped with a crankcase

ventilating system of a type approved by the state commissioner of

environmental conservation for the purpose of reducing the emission of

pollutants into the atmosphere. Such system shall be maintained in good

working order in continued conformity with standards promulgated by the

state commissioner of environmental conservation. For the purposes of

this subdivision the term "motor vehicle" shall exclude diesel powered

motor vehicles, motorcycles, vehicles driven by electric power and

special purpose commercial motor vehicles registered under paragraph F

of subdivision seven of section four hundred one of this chapter.

28-c. Except where inconsistent with federal law, rules and

regulations, every motor vehicle registered in this state and

manufactured or assembled after June thirty, nineteen hundred

sixty-seven and known as a nineteen hundred sixty-eight or subsequent

model shall be equipped with an air contaminant emission control system

of a type approved by the state commissioner of environmental

conservation. Such systems shall be maintained in good working order in

continued conformity with emission standards promulgated by the state

commissioner of environmental conservation. For the purposes of this

subdivision, "air contaminant emission control systems" may include, but

shall not be limited to, exhaust control systems and gasoline

evaporation control systems but shall exclude crankcase ventilating

systems.

28-d. The state commissioner of environmental conservation may exempt

or partially exempt from the provisions of subdivisions twenty-eight-b

and twenty-eight-c of this section any type or class of motor vehicle

for which no practical control systems have been developed or are

necessary.

28-e. Standards and exemptions established by the state commissioner

of environmental conservation pursuant to subdivisions twenty-eight-b,

twenty-eight-c and twenty-eight-d of this section, shall be consistent

with applicable federal laws and regulations.

28-f. (a) Except where inconsistent with federal law, rules and

regulations, in addition to any air contaminant emission control systems

required by subdivisions twenty-eight-b and twenty-eight-c of this

section, the commissioner of environmental conservation may by

regulation require the installation of exhaust emission control devices

in proper working condition on all or any vehicles of any class or

classes of gasoline powered motor vehicle having a registered maximum

gross weight in excess of six thousand pounds. The commissioner of

environmental conservation shall not promulgate any such regulation

unless he (i) has determined, with the concurrence of the commissioner,

that any such device is, or devices are, effective and reliable, (ii)

has determined that the installation of any such device on all or any

vehicles of such class or classes is necessary to the achievement of

federal ambient air quality standards pursuant to an approved air

quality implementation plan adopted pursuant to the federal clean air

act, as amended (42 U.S.C. 1857 et seq.) and (iii) has determined that

the effect of such regulation will not be diluted by the absence of a

comparable requirement in an adjoining state; provided, however, that

the effective date of the requirements of such regulation shall not be

prior to the approval or promulgation of a transportation control plan

pursuant to the Federal clean air act as amended for those portions of

adjoining states designated as the territorial areas forming parts of

the New Jersey-New York-Connecticut Interstate Air Quality Control

Region under such act and not prior to the effective date of comparable

requirements for such vehicles registered in, required to be registered

in, or operated in any such portions. Any such requirement shall take

effect with respect to any such motor vehicle as of the date of issuance

of a registration for such vehicle in the year next succeeding the date

on which the regulation requiring the installation of such a device is

promulgated by the commissioner of environmental conservation, but in no

event prior to March first, nineteen hundred seventy-six.

(b) The provisions of paragraph (a) of this subdivision shall apply

only to gasoline powered vehicles which are registered in or are

required by law to be registered pursuant to subdivision seven of

section four hundred one of this chapter in, or are regularly operated

in that portion of the state designated as the territorial area forming

part of the New Jersey-New York-Connecticut Interstate Air

Quality-Control Region under the federal clean air act, as amended (42

U.S.C. 1857 et seq.) or any part of such region.

(c) Whenever a motor vehicle registered pursuant to subdivision seven

of section four hundred one of this chapter is not required by a

regulation promulgated pursuant to this subdivision, to have an exhaust

emission control device installed in accordance with this subdivision,

the applicant for registration for any such motor vehicle shall be

required to file a statement as prescribed by the commissioner in

conjunction with such registration that such motor vehicle is not

required to have such a device. A false statement in relation to such

exemption shall constitute a material false statement in an application

for registration.

(d) A notation on the registration for a vehicle and an identifying

sticker on the vehicle, both of which indicate that such vehicle is

required to have an exhaust emission control device shall be presumptive

evidence that such device in proper working condition is required on

that vehicle pursuant to paragraph (a) of this subdivision.

(e) The rules and regulations promulgated pursuant to paragraph (a) of

this subdivision shall contain provisions necessary or appropriate to

implement this subdivision, including the definition of terms and

exemptions for motor vehicles registered in areas from which no

substantial numbers of motor vehicles are regularly operated in the

portion of the state referred to in paragraph (b) of this subdivision.

(f) No registered owner shall permit a motor vehicle, required to have

an exhaust emission control device in proper working condition pursuant

to the provisions of this subdivision, to be operated in the portion of

the state to which this subdivision is applicable, unless such vehicle

is equipped with an approved exhaust emission control device in proper

working condition. Every person convicted of a violation of this

paragraph shall for a first violation thereof with respect to a

particular motor vehicle be punished by a fine of seven hundred fifty

dollars. Such fine may not be waived, suspended or in any other manner

not levied, except that four hundred fifty dollars of such fine may be

waived upon presentation of acceptable evidence prior to the final

determination of the violation that the device required pursuant to

paragraph (a) of this subdivision has been installed on the vehicle and

is in proper working condition. Every person convicted of a second or

subsequent violation with respect to a particular vehicle shall be

punished by a fine of seven hundred fifty dollars, which fine may not be

waived, suspended or in any other manner not levied.

29. (a) A motor vehicle shall not be used to tow more than one other

vehicle.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the following vehicles or combination of vehicles are

permitted to be operated in New York state:

1. Municipal garbage or ash collecting systems consisting of three

vehicles;

2. A tow truck or wrecker being used to tow a disabled tractor

semitrailer combination;

3. A tractor being used to tow a semitrailer and trailer outside the

city of New York or counties of Nassau and Suffolk or on any qualifying

highway or access highway within the city of New York or counties of

Nassau or Suffolk;

3-a. A tractor semitrailer-semitrailer combination of vehicles where

the two semitrailers are connected by a B-train assembly and such

combinations of vehicles is operated outside the city of New York or

counties of Nassau and Suffolk or on any qualifying highway or access

highway within the city of New York or counties of Nassau or Suffolk;

4. Subject to rules and regulations of the commissioner of

transportation, a combination of an automotive powered cab and truck

chassis being used to tow two such additional vehicles in double

saddle-mount fashion, each mounted upon a device designed and

constructed so as to be readily dismountable and which performs the

function of a conventional fifth wheel, so that while all the wheels of

the towing powered chassis touch the roadway, only the wheels on the

rear axle of each of the towed vehicles are in contact with the roadway;

and

5. Subject to rules and regulations of the commissioner of

transportation, a combination of an automotive powered cab and truck

chassis being used to tow three such additional vehicles in triple

saddle-mount fashion on a qualifying or access highway, each mounted

upon a device designed and constructed so as to be readily dismountable

and which performs the function of a conventional fifth wheel, so that

while all the wheels of the towing powered chassis touch the roadway,

only the wheels on the rear axle of each of the towed vehicles are in

contact with the roadway.

(c) No vehicle shall be towed by a rope or other non-rigid connection

which is longer than sixteen feet.

(d) A motor vehicle being towed by a rope or other non-rigid

connection must have a licensed driver in such motor vehicle who shall

steer it when it is being towed.

29-a. No vehicle or mobile equipment shall be towed with the use of a

dolly unless the dolly, vehicle or mobile equipment is secured to the

towing vehicle by safety chains or cables which will prevent the dolly,

vehicle or mobile equipment from separating from the towing vehicle and

the towed vehicle or mobile equipment is securely fastened to the dolly.

Dolly shall mean a multi-wheel device utilized to raise a part of a

towed vehicle or mobile equipment while it is being towed by another

vehicle.

30. It shall be unlawful for any person to operate a motor vehicle

with any object placed or hung in or upon the vehicle, except required

or permitted equipment of the vehicle, in such a manner as to obstruct

or interfere with the view of the operator through the windshield, or to

prevent him from having a clear and full view of the road and condition

of traffic behind such vehicle. Notwithstanding any other provision of

law, a summons for operating a motor vehicle in violation of this

subdivision shall only be issued when there is reasonable cause to

believe that the person operating such motor vehicle has committed a

violation of the laws of this state other than a violation of this

subdivision.

31. Mufflers and exhaust systems. Prevention of noise. (a) Every motor

vehicle, operated or driven upon the highways of the state, shall at all

times be equipped with an adequate muffler and exhaust system in

constant operation and properly maintained to prevent any excessive or

unusual noise and no such muffler or exhaust system shall be equipped

with a cut-out, bypass, or similar device. No person shall modify the

muffler or exhaust system of a motor vehicle in a manner which will

amplify or increase the noise emitted by the motor or exhaust system of

such vehicle above that emitted by the muffler or exhaust system

originally installed on the vehicle and such original muffler and

exhaust system shall comply with all the requirements of this section.

(b) No person shall, in the state, sell, offer for sale or install any

of the following for the muffler or exhaust system of a motor vehicle: a

cut-out, bypass, or a similar device which will amplify or increase the

noise emitted by the motor or exhaust system of such vehicle above that

emitted by the muffler or exhaust system originally installed on the

vehicle.

A muffler is a device consisting of a series of chambers or baffle

plates, or other mechanical design for the purpose of receiving exhaust

gas from an internal combustion engine, and effective in reducing noise.

An exhaust system is a series of mechanical devices for the purpose of

receiving exhaust gas from an internal combustion engine and expelling

it into the atmosphere.

31-a. No person shall, in the state, sell, offer for sale or install a

motorcycle exhaust device without internal baffles, known as "straight

pipes".

31-b. No person shall, in the state, sell, offer for sale or install a

motorcycle exhaust device that is intentionally designed to allow for

the internal baffling to be fully or partially removed or

interchangeable or that has been modified in a manner that will amplify

or increase the noise emitted by the motor of a motorcycle above that

emitted by the exhaust system originally installed on such motorcycle.

This subdivision shall not apply to a motorcycle manufactured or

assembled prior to nineteen hundred seventy-nine or a motorcycle

registered as a limited use vehicle or an all terrain vehicle pursuant

to article forty-eight-A or forty-eight-B of this chapter.

32. (a) The violation of any of the provisions of this section with

respect to adequate brakes except those relating to emergency or hand

brakes shall constitute a misdemeanor and the violation of any of the

other provisions of this section, including those relating to emergency

or hand brakes, shall be punishable by a fine not exceeding one hundred

fifty dollars or by imprisonment for not exceeding thirty days, or by

both such fine and imprisonment, except as herein otherwise provided.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, a violation of paragraph (b) of subdivision thirty-one,

subdivision thirty-one-a or subdivision thirty-one-b of this section

shall be punishable by a fine not exceeding one thousand dollars or by

imprisonment for not exceeding thirty days, or by both such fine and

imprisonment.

33. The provisions of this section shall not apply to fire and police

vehicles, self-propelled combines, self-propelled corn and hay

harvesting machines, farm type tractors used exclusively for

agricultural purposes or for snow plowing other than for hire, and

self-propelled caterpillar or crawler-type equipment while being

operated on the contract site except when reference is specifically made

to such vehicle.

34. Any motor vehicle may be equipped with and every passenger vehicle

registered in this state and manufactured or assembled after January

first, nineteen hundred sixty-nine, shall be equipped with at least one

back-up light. Such light shall display a white light to the rear when

the ignition switch is energized and reverse gear is engaged. Such light

shall not be lighted when the motor vehicle is in forward motion.

35. Tires. (a) The commissioner may establish standards for the

manufacture, regrooving or retreading of tires which are produced or

sold in this state, and for the use of tires on vehicles operated in

this state.

(b) No tire shall be manufactured, distributed, offered for sale or

sold in this state if it does not comply with the standards established

by the commissioner pursuant to paragraph (a) of this subdivision. A

violation of this paragraph shall be punishable as a misdemeanor.

(c) No person shall operate a motor vehicle or a trailer on a public

highway if such vehicle is equipped with tires that do not meet the

standards established by the commissioner pursuant to paragraph (a) of

this subdivision.

35-a. It shall be unlawful to operate a motor vehicle or trailer

equipped with tires having metal objects protruding from the tire tread

upon any public highway. The prohibition contained in this section shall

not apply to pneumatic tires containing metal type studs, the diameter

of which studs inclusive of the stud casing does not exceed

three-eighths of an inch and which do not protrude beyond the tread

surface of such tires more than three thirty-seconds of an inch and the

contact area of which does not exceed three-fourths of one per cent of

the total nominal contact area of said tires determined by multiplying

the circumference of the outer most edge of tread times the tread width,

except that no vehicle equipped with such tires, other than school buses

and state or municipally-owned vehicles, may operate on a public highway

during the period from the first day of May to the fifteenth day of

October, inclusive.

36. (a) (i) The slow-moving vehicle emblem as developed by the

American Society of Agricultural and Biological Engineers shall be

recognized as the official state slow moving vehicle emblem. The

commissioner of motor vehicles shall adopt standards and specifications

for design, creation and use, in conformance with those recommendations

of the American Society of Agricultural and Biological Engineers for the

size, design and mounting of said slow-moving vehicle emblem.

(ii) The commissioner shall adopt standards and specifications for

design, creation and use, in conformance with those recommendations of

the American Society of Agricultural and Biological Engineers standard

which meets the criteria of the American National Standards

Institute/American Society for Testing and Materials S584 for the size,

design and mounting of a speed identification symbol. A speed

identification symbol shall indicate the maximum speed in miles per hour

at which the unit of farm machinery, implement of husbandry and other

machinery including road construction and maintenance machinery to which

it is mounted is designed by its manufacturer to operate.

(b) (i) Farm machinery and implements of husbandry and other machinery

including road construction and maintenance machinery designed to

operate at twenty-five miles per hour or less, traveling on a public

highway during day or night, whether self-propelled or used in

combination, shall each separately display a slow-moving vehicle emblem

as specified in paragraph (a) of this subdivision.

(ii) (A) Farm machinery and implements of husbandry and other

machinery including road construction and maintenance machinery designed

to operate at a speed greater than twenty-five miles per hour but less

than forty miles per hour, traveling on a public highway during day or

night, whether self-propelled or used in combination, shall each

separately display a slow-moving vehicle emblem and a speed

identification symbol as specified in paragraph (a) of this subdivision.

(B) If an agricultural tractor that is designed by its manufacturer to

operate at a speed greater than twenty-five miles per hour but not

greater than forty miles per hour is being operated on a street or

highway at a speed greater than twenty-five miles per hour but less than

forty miles per hour and is towing, pulling, or otherwise drawing a unit

of farm machinery, the unit of farm machinery shall display a

slow-moving vehicle emblem and a speed identification symbol that is the

same as the speed identification symbol that is displayed on the

agricultural tractor.

(C) When an agricultural tractor is designed by its manufacturer to

operate at a speed greater than twenty-five miles per hour but less than

forty miles per hour is being operated on a street or highway at a speed

greater than twenty-five miles per hour, the operator shall possess some

documentation published or provided by the manufacturer indicating the

maximum speed in miles per hour at which the manufacturer designed the

agricultural tractor to operate.

(c) The use of such emblem and symbol shall be in addition to any

lighting devices, flags or other equipment required by law. Such emblem

and symbol shall be used only on farm machinery and implements of

husbandry on road construction and maintenance machinery, and on such

other vehicles, machinery and equipment as may be specified in

regulations issued by the commissioner. All use shall be in accordance

with such regulations. Use of such emblem as a clearance marker or on

stationary objects on the highways is prohibited.

37. The commissioner shall promulgate rules and regulations

prescribing appropriate cautionary devices to be affixed to motor

vehicles engaged in retail sales of frozen desserts directly to

consumers which shall include, but not be limited to, front crossing

arms to be activated only when such vehicle is stopped and its occupants

are engaged in such retail sales. Such rules and regulations shall be

designed to warn oncoming vehicles of the likelihood of pedestrians in

or about the vicinity of such sales oriented motor vehicles. No person

shall engage in the retail sale by motor vehicle of frozen desserts

directly to consumers in violation of the rules and regulations

promulgated by the commissioner. As used in this subdivision, "frozen

desserts" shall mean ice cream, frozen custard, French ice cream, French

custard ice cream, artificially sweetened ice cream, ice milk,

artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water

ices, non-fruit water ices, quiescently frozen confection, quiescently

frozen dairy confection, manufactured desserts mix, frozen confection,

mellorine frozen dessert, parevine, frozen yogurt, freezer made shakes,

freezer made milk shakes, lo-mel, and dietary frozen dessert as all such

products are commonly known, together with any mix used in such frozen

desserts and any products which are similar in appearance, odor or taste

to such products, or are prepared or frozen as frozen desserts are

customarily prepared or frozen, whether made with dairy products or

non-dairy products.

39. Every motor vehicle registered in this state and manufactured or

assembled after October first, nineteen hundred sixty-four shall be

equipped with a defrosting device, in good working order, for the

purpose of preventing the formation of snow or ice on the windshield

directly in front of the operator. For the purposes of this subdivision

the term "motor vehicle" shall exclude motorcycles, tractors used

exclusively for agricultural purposes, self-propelled combines,

self-propelled harvesting machines and farm equipment and self-propelled

caterpillar or crawler-type equipment while being operated on the

contract site.

40. Stop lamps. (a) Every motor vehicle, except a motorcycle, operated

or driven upon the public highways of the state, if manufactured prior

to January first, nineteen hundred fifty-two, shall be equipped with at

least one stop lamp which shall display a red to amber light visible at

least five hundred feet from the rear of the vehicle when the brake of

such vehicle is applied.

(b) Every motor vehicle, except a motorcycle, operated or driven upon

the public highways of the state, if manufactured on or after January

first, nineteen hundred fifty-two, shall be equipped with at least two

stop lamps, one on each side, each of which shall display a red to amber

light visible at least five hundred feet from the rear of the vehicle

when the brake of such vehicle is applied.

41. Colored and flashing lights. The provisions of this subdivision

shall govern the affixing and display of lights on vehicles, other than

those lights required by law. 1. No light, other than a white light, and

no revolving, rotating, flashing, oscillating or constantly moving white

light shall be affixed to, or displayed on any vehicle except as

prescribed herein.

2. Red lights and certain white lights. One or more red or combination

red and white lights, or one white light which must be a revolving,

rotating, flashing, oscillating or constantly moving light, may be

affixed to an authorized emergency vehicle, and such lights may be

displayed on an authorized emergency vehicle when such vehicle is

engaged in an emergency operation, and upon a fire vehicle while

returning from an alarm of fire or other emergency.

3. Amber lights. a. One or more amber lights may be affixed to a

hazard vehicle, and such a light or lights which display an amber light

visible to all approaching traffic under normal atmospheric conditions

from a distance of five hundred feet from such vehicle shall be

displayed on a hazard vehicle when such vehicle is engaged in a

hazardous operation. Such light or lights shall not be required to be

displayed during daylight hours provided at least two red flags visible

from a distance of five hundred feet are placed both in or on the front

of, and to or on the rear of the vehicle and two such flags are placed

to each side of the vehicle open to traffic. Such lights or flags need

not be displayed on the vehicle when the vehicle is operating, or

parked, within a barricaded work area and said lights or flags are

displayed on the barricade. The provisions of this subdivision shall not

prohibit the temporary affixing and display of an amber light to be used

as a warning on a disabled motor vehicle or on a motor vehicle while it

is stopped on a highway while engaged in an operation which would

restrict, impede or interfere with the normal flow of traffic.

b. In any city in this state having a population of one million or

more, one amber light may be affixed to any motor vehicle owned or

operated by a volunteer member of a civilian or crime patrol provided

such volunteer civilian or crime patrol member has been authorized in

writing to so affix an amber light by the police commissioner of the

municipality in which he patrols, which authorization shall be subject

to revocation at any time by the police commissioner who issued the same

or his successor in office. Such amber light may be operated by such

volunteer civilian or crime patrol member in such a vehicle only when

engaged in a patrol operation as defined and authorized by rules and

regulations promulgated by the police commissioner and only in such a

manner and at such times as may be authorized by the police commissioner

pursuant to said rules and regulations.

4. Blue light. a. One blue light may be affixed to any motor vehicle

owned by a volunteer member of a fire department or on a motor vehicle

owned by a member of such person's family residing in the same household

or by a business enterprise in which such person has a proprietary

interest or by which he or she is employed, provided such volunteer

firefighter has been authorized in writing to so affix a blue light by

the chief of the fire department or company of which he or she is a

member, which authorization shall be subject to revocation at any time

by the chief who issued the same or his or her successor in office. Such

blue light may be displayed exclusively by such volunteer firefighter on

such a vehicle only when engaged in an emergency operation. The use of

blue lights on vehicles shall be restricted for use only by a volunteer

firefighter except as otherwise provided for in subparagraphs b and b-1

of this paragraph.

b. In addition to the red and white lights authorized to be displayed

pursuant to paragraph two of this subdivision, one or more blue lights

or combination blue and red lights or combination blue, red and white

lights may be affixed to a police vehicle, fire vehicle, ambulance,

emergency ambulance service vehicle, and county emergency medical

services vehicle provided that such blue light or lights shall be

displayed on a police vehicle, fire vehicle, ambulance, emergency

ambulance service vehicle, and county emergency medical services vehicle

for rear projection only. In the event that the trunk or rear gate of a

police vehicle, fire vehicle, ambulance, emergency ambulance service

vehicle, and county emergency medical services vehicle obstructs or

diminishes the visibility of other emergency lighting on such vehicles,

a blue light may be affixed to and displayed from the trunk, rear gate

or interior of such vehicles. Such lights may be displayed on a police

vehicle, fire vehicle, ambulance, emergency ambulance service vehicle,

and county emergency medical services vehicle when such vehicles are

engaged in an emergency operation. Nothing contained in this

subparagraph shall be deemed to authorize the use of blue lights on

police vehicles, fire vehicles, ambulances, emergency ambulance service

vehicles, and county emergency medical services vehicles unless such

vehicles also display one or more red or combination red and white

lights as otherwise authorized in this subdivision.

b-1. In addition to the amber light authorized to be displayed

pursuant to paragraph three of this subdivision, one or more blue lights

or combination blue and amber lights may be affixed to a hazard vehicle

designed for the towing or pushing of disabled vehicles provided that

such blue light or lights shall be displayed on such a hazard vehicle

for rear projection only. Such blue light or lights may be displayed on

a hazard vehicle designed for the towing or pushing of disabled vehicles

when such vehicle is engaged in a hazardous operation and is also

displaying the amber light or lights required to be displayed during a

hazardous operation pursuant to paragraph three of this subdivision.

Nothing contained in this subparagraph shall be deemed to authorize the

use of blue lights on hazard vehicles designed for the towing or pushing

of disabled vehicles unless such hazard vehicles also display one or

more amber lights as otherwise authorized in this subdivision.

c. The commissioner is authorized to promulgate rules and regulations

relating to the use, placement, power and display of blue lights on a

police vehicle, fire vehicle, and hazard vehicle designed for the towing

or pushing of disabled vehicles.

5. Green light. (a) One green light may be affixed to any motor

vehicle owned by a member of a volunteer ambulance service or by a

member of a mobile crisis team, or on a motor vehicle owned by a member

of such person's family, or by a business enterprise in which such

person has a proprietary interest or by which he is employed, provided

such member of a volunteer ambulance service has been authorized in

writing to so affix a green light by the chief officer of such service

as designated by the members thereof, or provided such member of a

mobile crisis team has been authorized in writing to so affix a green

light by the mobile crisis team's director or similar role, provided

further that such director or similar role or their successor may revoke

such authorization at any time. Such green light may be displayed

exclusively by such member of a volunteer ambulance service, or a member

of a deployed mobile crisis team, only when engaged in an emergency

operation. The use of green lights on vehicles shall be restricted for

use only by a member of a volunteer ambulance service or a member of a

mobile crisis team as provided for in this paragraph except as otherwise

provided for in subparagraph (c) of this paragraph.

(b) As used in this paragraph the following terms shall have the

following meanings:

(i) "volunteer ambulance service" means: (A) a non-profit membership

corporation (other than a fire corporation) incorporated under or

subject to the provisions of the membership corporations law, or any

other law, operating its ambulance or ambulances on a non-profit basis

for the convenience of the members thereof and their families or of the

community or under a contract with a county, city, town or village

pursuant to section one hundred twenty-two-b of the general municipal

law; or

(B) an unincorporated association of persons operating its ambulance

or ambulances on a non-profit basis for the convenience of the members

and their families or of the community; and

(ii) "mobile crisis team" shall have the same meaning as mobile crisis

teams as defined by paragraph eleven of subdivision (a) of section 36.03

of the mental hygiene law.

(c)(i) In addition to the amber light authorized to be displayed

pursuant to paragraph three of this subdivision, one or more green

lights or combination green and amber lights may be affixed to a hazard

vehicle designed for ice and snow removal owned and operated by the

state or by a county, city, town or village. Such green light or lights

may be displayed on a hazard vehicle designed for ice and snow removal

owned and operated by the state or by a county, city, town or village

when such vehicle is engaged in a hazardous operation and is also

displaying the amber light or lights required to be displayed during a

hazardous operation pursuant to paragraph three of this subdivision.

Nothing contained in this subparagraph shall be deemed to authorize the

use of green lights on hazard vehicles designed for ice and snow removal

owned and operated by the state or by a county, city, town or village

unless such hazard vehicles also display one or more amber lights as

otherwise authorized in this subdivision.

(ii) The commissioner is authorized to promulgate rules and

regulations relating to the use, placement, power and display of green

lights on a hazard vehicle designed for ice and snow removal owned and

operated by the state or by a county, city, town or village.

6. The commissioner is authorized to promulgate regulations with

respect to the affixing and display of colored lights and to promulgate

specifications with respect to such lights.

7. The provisions of this subdivision forty-one shall not be

applicable to vehicles from other states or from the Dominion of Canada

which have entered this state to render police, fire or civil defense

aid, or ambulance service, while such vehicles are here or are returning

to their home stations if the lights on such vehicles comply with the

laws of their home states or the Dominion of Canada and are displayed in

this state in the same manner permitted by their home states or the

Dominion of Canada, nor shall the provisions of this subdivision

forty-one be deemed to amend, supersede or in any manner affect the

provisions of the New York state defense emergency act as now in force

or as it may be amended from time to time.

8. The provisions of this subdivision shall not be applicable to the

driver of a vehicle from another state or foreign jurisdiction which

vehicle has colored lights affixed but not revolving, rotating,

flashing, oscillating or constantly moving if the lights on such vehicle

comply with the laws of the state or home foreign jurisdiction in which

the vehicle is registered.

42. Every motor vehicle registered in this state which is manufactured

or assembled on or after September first, nineteen hundred eighty and

operated or driven upon the highways of the state shall be equipped with

a speedometer device which is capable of measuring the speed of such

vehicle and displaying the same in miles per hour.

43. No dealer shall sell a motor vehicle or a trailer which is to be

registered in this state unless such motor vehicle or trailer has all

the equipment required for operation on the public highways of this

state.

44. Driver education vehicles. Any motor vehicle used for the purpose

of driving instruction for hire or for driver education by a school and

being operated by a person receiving such instruction or education shall

bear identification, visible to both oncoming and following traffic, to

indicate that the vehicle is being driven by a student driver. The

commissioner may establish standards for such identification.

45. Hydrocarbon gas powered vehicles. It shall be unlawful to operate

upon any public highway or street in this state a motor vehicle that

uses hydrocarbon gas as its primary or secondary fuel supply, unless the

motor vehicle conspicuously displays a reflective placard designed to

alert emergency personnel to the extraordinary hazards which may arise

from proximity with this fuel. The commissioner shall, in cooperation

with the state fire administrator, establish regulations as to the

location and design of this warning placard.

46. Tamper-resistant odometers or speedometers. It shall be unlawful

after July first, nineteen hundred ninety-one for any person, firm,

association or corporation to sell or offer for sale in this state a new

motor vehicle which is to be registered in this state and which was

manufactured or assembled on or after such date, and designed as a

nineteen hundred ninety-two or later model, unless such vehicle is

equipped with a tamper-resistant odometer or speedometer designed with

the intent to reduce the likelihood of unlawful tampering with the

mileage reading thereon.

The commissioner shall promulgate such rules and regulations relative

to tamper-resistant odometers and speedometers on motor vehicles and the

approval of the same as are not inconsistent with the provisions of

federal law, if any, relating thereto. Such rules shall, at a minimum,

require odometers and speedometers which indicate mileage with a minimum

of six digits exclusive of digits indicating fractions of a mile. This

section shall not apply to motorcycles.

47. (a) It shall be unlawful for any person to operate or cause to be

operated, an audio amplification system which is operated in, installed

in or powered by a vehicle which generates an A-weighted sound level in

excess of seventy dB (A) measured at, or adjusted to, a distance of

twenty-five feet from the vehicle which is driven, standing, or parked

on a public highway, or within one hundred feet of a public highway

unless that system is being operated to request assistance or warn of a

hazardous situation. This section shall not apply to authorized

emergency vehicles or vehicles operated by gas, electric, communications

or water utilities. This section shall not apply to the sound systems of

vehicles used for advertising, or in parades, political or other special

events, except that the use of sound systems on those motor vehicles may

be prohibited by a local authority by ordinance or local law.

(b) Any person convicted of a violation of this section shall for a

first conviction thereof be punished by a fine of up to one hundred

fifty dollars; for a conviction of a second violation, both of which

were committed within a period of eighteen months, such person shall be

guilty of a traffic infraction and shall be punished by a fine of not

less than one hundred fifty dollars and not more than three hundred

dollars; upon conviction of a third or subsequent violation, all of

which were committed within a period of eighteen months, such person

shall be guilty of a traffic infraction and shall be punished by a fine

of not less than three hundred seventy-five dollars and not more than

seven hundred fifty dollars.

48. Bumpers or similar devices. (a) For the purposes of this

subdivision, the following terms shall have the following meanings:

(i) Bumper. A system, the primary function of which is to provide

protection against damage affecting front or rear external lamps, body

parts and vehicle occupants during low speed impacts.

(ii) Passenger car. A motor vehicle whose body style is a sedan,

hardtop, coupe, convertible, station wagon or hatchback but not a van,

minivan, multipurpose passenger vehicle, truck, tractor, motorcycle or

bus.

(b) No person shall operate a passenger car registered in New York

unless it is equipped with both a front and rear bumper, each securely

fastened and with some part of the bumper located between sixteen inches

and twenty inches above the ground. This provision shall not apply to a

vehicle registered as an historical vehicle.

(c) Except insofar as paragraph (b) of this subdivision shall apply,

no person shall operate a motor vehicle designated as a nineteen hundred

ninety or newer model year vehicle, which is registered in this state,

except a motorcycle or special purpose commercial vehicle registered

under schedule F of subdivision seven of section four hundred one of

this chapter, which is so constructed that the body has a clearance at

the front end of more than thirty inches from the ground when empty,

unless the front end of the vehicle is equipped with bumpers or devices

serving similar purposes which shall be so constructed and located that

(i) some part of the bumpers or devices must be at least sixteen but not

more than thirty inches above the ground with the vehicle empty; (ii)

the maximum distance between the closest points between bumpers or

devices, if more than one is used, shall not exceed twenty-four inches;

(iii) the maximum transverse distance from the widest part of the motor

vehicle at the front to the bumper or device shall not exceed eighteen

inches; and (iv) the bumpers or devices shall be substantially

constructed and firmly attached. A motor vehicle constructed and

maintained so that the body, chassis, or other parts of the vehicle

afford the front end protection contemplated shall be deemed to be in

compliance with this section.

(d) Except insofar as paragraph (b) of this subdivision shall apply,

no person shall operate a motor vehicle or a combination of vehicles,

designated as a nineteen hundred ninety or newer model year vehicle,

except a tractor, pole trailer, vehicle engaged in saddle-mount

operation, motorcycle or special purpose commercial vehicle registered

under schedule F of subdivision seven of section four hundred one of

this chapter, if the motor vehicle is registered in this state, and

which is so constructed that the body, or the chassis assembly without

the body, has a clearance at the rear end of more than thirty inches

from the ground when empty, unless the rear end of the vehicle or

combination of vehicles is equipped with bumpers or devices serving

similar purposes which shall be so constructed and located that: (i)

some part of the bumpers or devices must be at least sixteen but not

more than thirty inches above the ground with the vehicle empty; (ii)

the maximum distance between the closest points between bumpers, or

devices, if more than one is used, shall not exceed twenty-four inches;

(iii) the maximum transverse distance from the widest part of the motor

vehicle at the rear to the bumper or device shall not exceed eighteen

inches; (iv) the bumpers or devices shall be located not more than

twenty-four inches forward of the extreme rear of the vehicle; and (v)

the bumpers or devices shall be substantially constructed and firmly

attached. Motor vehicles constructed and maintained so that the body,

chassis, or other parts of the vehicle afford the rear end protection

contemplated shall be deemed to be in compliance with this section.

49. Truck warning lights. (a) Every truck registered in this state

and manufactured or assembled after September first, nineteen hundred

ninety-two, which has a bed capable of being tilted or lifted by

controls that are located within the cab of such truck and which is

operated upon any public highway or street in this state shall be

equipped with a warning light in its cab that is activated whenever the

bed of the truck is elevated.

(b) Every tractor registered in this state and manufactured or

assembled after September first, nineteen hundred ninety-three, which is

used primarily for the towing of a trailer capable of being tilted or

lifted and which is operated upon any public highway or street in this

state shall be equipped with a warning light in its cab that is

activated whenever the trailer is elevated.

50. Taxicab partitions and shields. Every taxicab registered in this

state and registered or licensed by a city, town or village of

seventy-five thousand persons or more pursuant to section one hundred

eighty-one of the general municipal law shall be equipped with (a)

partitions or shields made of plexiglass or other shatterproof material

located between and effectively separating the front and rear seats, and

(b) amber colored distress lights, mounted on and clearly visible to

passersby from the front and rear of the taxicab; provided, however,

that the requirements of this subdivision shall not apply to taxicabs

registered or licensed by such city, town or village which elects not to

be subjected to the requirements of this subdivision pursuant to a duly

enacted or adopted local law, ordinance or regulation. Nothing contained

herein shall be construed to restrict the power of a city, town or

village which elects not to be subject to the requirements of this

subdivision to adopt or enforce a local law, ordinance or regulation

regarding the use of taxicab partitions and distress lights.

* 51. Taxicab, livery and stretch limousine notices. (a) Every

taxicab, livery, and altered motor vehicle commonly referred to as a

"stretch limousine" which was altered on or after January first, two

thousand twenty-one or retrofitted pursuant to subdivision one-a of

section three hundred eighty-three of this article registered in this

state shall have posted therein the following notice: "Seatbelts must be

available for your use. You must buckle up, it's the law."

(b) The notices required to be posted pursuant to paragraph (a) of

this subdivision shall be posted in a manner legible and conspicuous to

passengers in all seating positions of such vehicles. Provided, however,

that in addition to the requirements of this paragraph, such notices

posted within taxis and liveries subject to registration and licensing

by cities having a population of one million or more shall also be

provided in the top two designated citywide languages as such term is

defined in section 23-1101 of the administrative code of the city of New

York.

* NB Repealed upon notification that any federal agency determines in

writing that chapter 10 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 51. Taxicab and livery notices. (a) Every taxicab and livery

registered in this state shall have posted therein the following notice:

"Seatbelts must be available for your use. Please buckle up."

(b) The notices required to be posted pursuant to paragraph (a) of

this subdivision shall be posted in a manner legible and conspicuous to

passengers in all seating positions of such vehicles.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

52. No police vehicle owned by the state, a public authority, a

county, town, city or village shall be sold unless, prior to such sale,

such vehicle is decommissioned and any distinctive markings and affixed

lights which would designate it in the public's view as such a police

vehicle have been removed. The commissioner of the division of criminal

justice services, in consultation with the commissioner, shall

promulgate rules and regulations determining the specifications for

decommissioning police vehicles and for the removal of such distinctive

markings and affixed lights prior to sale.

53. Federal motor vehicle safety standard certification label. No

person shall, with intent to defraud, knowingly remove, deface, destroy,

cover, alter, or otherwise change the form or appearance of a federal

motor vehicle safety standard certification label, issued in accordance

with section 30115 of title 49 of the United States Code and part 567 of

title 49 of the code of federal regulations, on an altered motor

vehicle. No person shall, with intent to defraud, affix to an altered

motor vehicle a federal motor vehicle safety standard certification

label except in accordance with section 30115 of title 49 of the United

States Code and part 567 of title 49 of the code of federal regulations.

A violation of this subdivision shall be punishable as a misdemeanor.

* 54. Stretch limousine and charter bus commercial GPS. (a) Every

stretch limousine and charter bus registered in this state shall be

equipped with commercial global positioning system (GPS) technology

within no later than one year of the date upon which the national

highway traffic safety administration promulgates final regulations

establishing standards for commercial GPS.

(b) It shall be unlawful to operate or cause to be operated a stretch

limousine or charter bus registered in this state on any public highway

or private road open to public motor vehicle traffic unless such stretch

limousine or charter bus is equipped with commercial global positioning

system (GPS) technology as required by this subdivision and such

commercial global positioning system (GPS) technology is used. The

presence in such stretch limousine or charter bus of commercial global

positioning system (GPS) technology connected to a power source and in

an operable condition is presumptive evidence of its use by any person

operating such stretch limousine or charter bus. Such presumption may be

rebutted by any credible and reliable evidence which tends to show that

such commercial global positioning system (GPS) technology was not in

use.

(c) For the purposes of this subdivision:

(i) "Stretch limousine" shall mean an altered motor vehicle having a

seating capacity of nine or more passengers, including the driver,

commonly referred to as a "stretch limousine" and which is used in the

business of transporting passengers for compensation;

(ii) "Charter bus" shall mean a bus transporting passengers for

compensation in a chartered party;

(iii) "Chartered party" shall mean a group of persons who, pursuant to

a common purpose and under a single contract and at a fixed charge, have

acquired exclusive use of a bus to travel together as a group to a

specific destination or for a particular itinerary either agreed upon in

advance or modified after having left the place of origin by such group;

and

(iv) "Commercial global positioning system (GPS) technology" shall

mean global positioning system (GPS) technology which has been

specifically designed to assist in the navigation of commercial motor

vehicles.

* NB Repealed upon notification that any federal agency determines in

writing that chapter 11 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 11 of 2020 § 3)

* 55. Stretch limousine roll-over protection devices and

anti-intrusion bars. (a) Every stretch limousine registered in this

state shall be equipped with roll-over protection devices and

anti-intrusion bars within no later than one year of the date upon which

the national highway traffic safety administration promulgates final

regulations establishing standards for commercial roll-over protection

devices and anti-intrusion bars.

(b) For the purposes of this subdivision "stretch limousine" shall

mean an altered motor vehicle having a seating capacity of nine or more

passengers, including the driver, commonly referred to as a "stretch

limousine" and which is used in the business of transporting passengers

for compensation.

* NB Repealed upon notification that any federal agency determines in

writing that Part K of chapter 58 of 2024 would render New York state

ineligible for the receipt of federal funds or any court of competent

jurisdiction finally determines that such Part K would render New York

state out of compliance with federal law or regulation (see chapter 58

of 2024 Part K § 11)

* 56. Stretch limousine additional equipment requirements. (a) Every

stretch limousine registered in this state shall be equipped with an

accessible window break tool and an operational fire extinguisher, and

the driver and passenger partition of every such stretch limousine shall

be accessible to reach an emergency egress from such vehicle if other

forms of egress such as a roof hatch are not available in such stretch

limousine.

(b) For the purposes of this subdivision:

(i) "Stretch limousine" shall mean an altered motor vehicle having a

seating capacity of nine or more passengers, including the driver,

commonly referred to as a "stretch limousine" and which is used in the

business of transporting passengers for compensation; and

(ii) "Window break tool" shall mean a tool that can be used to open

the windows of a stretch limousine in the event of an emergency.

* NB Repealed upon notification that any federal agency determines in

writing that Part K of chapter 58 of 2024 would render New York state

ineligible for the receipt of federal funds or any court of competent

jurisdiction finally determines that such Part K would render New York

state out of compliance with federal law or regulation (see chapter 58

of 2024 Part K § 11)

57. Stretch limousine age and mileage parameters. (a) It shall be

unlawful to operate or cause to be operated a stretch limousine

registered in this state on any public highway or private road open to

public motor vehicle traffic if the vehicle is more than ten years old

or the cumulative mileage registered on the vehicle's odometer exceeds

three hundred fifty thousand miles, whichever occurs first.

(b) For the purposes of this subdivision, "stretch limousine" shall

mean an altered motor vehicle having a seating capacity of nine or more

passengers, including the driver, commonly referred to as a "stretch

limousine" and which is used in the business of transporting passengers

for compensation.

(c)(i) A stretch limousine with an odometer reading that differs from

the number of miles the stretch limousine has actually traveled or that

has had a prior history involving the disconnection or malfunctioning of

an odometer or which appears to the commissioner to have an inaccurate

odometer reading based on prior inspection records, will be assigned an

imputed mileage for each month from the last reliable odometer recording

through the date of inspection, as provided in subparagraph (ii) of this

paragraph. A motor carrier may seek review of the determination to

assign imputed mileage as provided pursuant to article six of the

transportation law and rules and regulations promulgated thereunder.

(ii) The imputed mileage shall be calculated by adding the mileage of

the stretch limousine recorded at the two most recent stretch limousine

inspections, including roadside inspections conducted by the

commissioner of transportation or division of state police, whichever is

more recent, and dividing that sum by twenty-four. The quotient is the

imputed monthly mileage.

(iii) Unless otherwise provided by the commissioner of transportation,

a stretch limousine may not be operated or caused to be operated to

transport passengers for compensation or continue transporting

passengers for compensation if a reliable baseline odometer reading

cannot be ascertained.

(iv) A motor carrier or operator who knows or has reason to believe

that the odometer reading of a limousine differs from the number of

miles the stretch limousine has actually traveled shall disclose that

status to the commissioner or the department of transportation

immediately.