[Added 8-7-1995 by L.L. No. 6-1995]
Whenever traffic is controlled by traffic control
signals, other than lane direction control signal indications provided
in § 1116 of the Vehicle and Traffic Law of the State of
New York exhibiting different colored lights or colored lighted arrows
successively, one at a time or in combination, only the colors green,
yellow and red shall be used, and said lights shall indicate and apply
to drivers of vehicles and to pedestrians as follows:
A.
Green indications.
(1)
Traffic, except pedestrians, facing a steady circular
green signal may proceed straight through or turn right or left unless
a sign at such place prohibits either such turn. Such traffic, including
when turning right or left, shall yield right-of-way to other traffic
lawfully within the intersection or an adjacent crosswalk at the time
such signal is exhibited.
(2)
Traffic, except pedestrians, facing a steady green
arrow signal may cautiously enter the intersection only to make the
movement indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time, except that a U-Turn
may be made by traffic facing a left green arrow signal unless a sign
prohibits such U-Turn or such U-Turn is in violation of any other
provision of law. Such traffic shall yield the right-of-way to other
traffic lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
(3)
Unless otherwise directed by a pedestrian control
signal as provided in § 1112 of the New York State Vehicle
and Traffic Law, pedestrians facing any steady green signal, except
when the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
B.
Yellow indication.
(1)
Traffic, except pedestrians, facing a steady circular
yellow signal may enter the intersection; however, said traffic is
thereby warned that the related green movement is being terminated
or that a red indication will be exhibited immediately thereafter.
(2)
Traffic, except pedestrians, facing a steady yellow
arrow signal may cautiously enter the intersection only to complete
the movement indicated by such arrow or make such other movement as
is permitted by other indications shown at the same time; however,
said traffic is thereby warned that the related green arrow movement
is being terminated or that a red indication will be exhibited immediately
thereafter.
(3)
Unless otherwise directed by a pedestrian control
signal as provided in § 1112 of the New York State Vehicle
and Traffic Law, pedestrians facing any steady yellow signal are thereby
advised that there is insufficient time to cross the roadway before
a red indication is shown and no pedestrian shall then start to cross
the roadway.
C.
Red indications.
(1)
Traffic, except pedestrians, facing a steady circular red signal, unless to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event that there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in Subsection C(2) of this section.
(2)
Unless a sign is in place prohibiting such turn:
(a)
Traffic facing a steady circular red signal may cautiously enter the intersection to make a right turn after stopping as required by Subsection C(1) of this section, except that right turning traffic is not required to stop when a steady right green arrow signal is shown at the same time. Such traffic shall yield the right-of-way to pedestrians within a marked or unmarked crosswalk at the intersection and to other traffic lawfully using the intersection.
(b)
Traffic, while on a one-way roadway, facing a steady red signal, may cautiously enter the intersection to make a left turn onto a one-way roadway after stopping as required by Subsection C(1) of this section. Such traffic shall yield the right-of-way to pedestrians within a marked or unmarked crosswalk at the intersection and to other traffic lawfully using the intersection.
(3)
Traffic, except pedestrians, facing a steady red arrow
signal may not enter the intersection to make the movement indicated
by such arrow and, unless entering the intersection to make such other
movement as is permitted by other indications shown at the same time,
shall stop at a clearly marked stop line, but if none, then shall
stop before entering the crosswalk on the near side of the intersection
or, in the event that there is no crosswalk, at the point nearest
the intersecting roadway where the driver has a view of the approaching
traffic on the intersecting roadway before entering the intersection
and shall remain standing until an indication to proceed is shown.
D.
In the event that an official traffic control signal
is erected and maintained at a place other than an intersection, the
provisions of this section shall be applicable except as to those
provisions which by their nature can have no application. Any stop
required shall be made at a sign or marking on the pavement indicating
where the stop shall be made, but in the absence of any such sign
or marking the stop shall be made at the signal.
A.
Every person shall obey the instructions of any official
traffic control device applicable to him placed in accordance with
the provisions of this chapter, unless otherwise directed by a traffic
or police officer, subject to the exceptions granted the driver of
an authorized emergency vehicle in this article.
B.
No provision of this article for which signs are required
shall be enforced against an alleged violator if at the time and place
of the alleged violation an official sign is not in proper position
and sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or
in place.
C.
Whenever official traffic control devices are placed
in position approximately conforming to the requirements of this chapter,
such devices shall be presumed to have been so placed by the official
act or direction of lawful authority, unless the contrary shall be
established by competent evidence.
D.
Any official traffic control device placed pursuant
to the provisions of this chapter and purporting to conform to the
lawful requirements pertaining to such devices shall be presumed to
comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.
E.
For purposes of this article, "intersection" shall
include the area embracing the juncture of a highway with a private
road or driveway, and "intersecting roadway" shall include an intersecting
private road or driveway.
Whenever traffic is controlled by a flashing
signal used in a traffic sign or signal, only the colors red and yellow
shall be used, and said signals shall indicate and apply to drivers
of vehicles as follows:
A.
Flashing red indications. Unless to make another movement
permitted by other indications shown at the same time, vehicular traffic
facing a circular red signal with rapid intermittent flashes shall
stop at a clearly marked stop line, but if none, then shall stop before
entering the crosswalk on the near side of the intersection, or in
the event that there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection, and the right
to proceed shall be subject to the rules applicable after making a
stop at a stop sign.
B.
Flashing yellow indications. Vehicular traffic facing
a circular yellow signal with rapid intermittent flashes may proceed
through the intersection or past such signal only with caution.
Whenever any roadway has been divided into two
or more clearly marked lanes for traffic, the following rules, in
addition to all others consistent herewith, shall apply:
A.
A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be made
with safety.
B.
Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle shall not be driven
in the center lane except when overtaking and passing another vehicle
traveling in the same direction when such center lane is clear of
traffic within a safe distance, or in preparation for making a left
turn or where such center lane is at the time allocated exclusively
to traffic moving in the same direction that the vehicle is proceeding
and such allocation is designated by official traffic control devices.
C.
When official traffic control devices direct slow-moving
traffic, trucks, buses or specified types of vehicles to use a designated
lane or designate those lanes to be used by traffic moving in a particular
direction regardless of the center of the roadway, drivers of vehicles
shall obey the directions of every such sign, signal or marking.
D.
When official markings are in place indicating those
portions of any roadway where crossing such markings would be especially
hazardous, no driver of a vehicle proceeding along such highway shall
at any time drive across such markings.
A.
The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due regard
for the speed of such vehicles and the traffic upon and the condition
of the highway.
B.
The driver of any motor truck or motor vehicle drawing
another vehicle when traveling upon a roadway outside of a business
or residence district and which is following another motor truck or
motor vehicle drawing another vehicle shall, whenever conditions permit,
leave sufficient space so that an overtaking vehicle may enter and
occupy such space without danger, except that this shall not prevent
a motor truck or motor vehicle drawing another vehicle from overtaking
and passing any like vehicle or other vehicle.
C.
Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or motorcade whether
or not towing other vehicles shall be so operated as to allow sufficient
space between each such vehicle or combination of vehicles so as to
enable any other vehicle to enter and occupy such space without danger.
This provision shall not apply to funeral processions.
A.
The driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehicle which has entered the intersection
from a different highway.
B.
When two vehicles enter an intersection from different
highways at approximately the same time the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the right.
The driver of a vehicle intending to turn to
the left within an intersection or into an alley, private road or
driveway shall yield the right-of-way to any vehicle approaching from
the opposite direction which is within the intersection or so close
as to constitute an immediate hazard.
A.
Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop as required by § 359-113 of this article and, after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
B.
The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for existing conditions or shall stop if necessary as provided in § 359-113 and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersections; provided, however, that if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way.
The driver of a vehicle about to enter or cross
a roadway from any place other than another roadway shall yield the
right-of-way to all vehicles approaching on the roadway to be entered
or crossed.
A.
Upon the immediate approach of an authorized emergency
vehicle equipped with at least one lighted lamp exhibiting red light
visible under normal atmospheric conditions from a distance of 500
feet to the front of such vehicle, other than a police vehicle, when
operated as an authorized emergency vehicle and when audible signals
are sounded from any said vehicle by siren, exhaust whistle, bell,
air-horn or electronic equivalent, the driver of every other vehicle
shall yield the right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand edge or curb
of the roadway or to either edge of a one-way roadway three or more
lanes in width, clear of any intersection, and shall stop and remain
in such position until the authorized emergency vehicle has passed
unless otherwise directed by a police officer.
B.
This section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with reasonable
care for all persons using the highway.
A.
Notwithstanding the provisions of any other law to
the contrary, every driver of a vehicle shall exercise due care to
avoid colliding with any bicyclist, pedestrian or domestic animal
upon any roadway and shall give warning by sounding the horn when
necessary. For the purpose of this section, the term "domestic animal"
shall mean domesticated sheep, cattle and goats which are under the
supervision and control of a pedestrian.
B.
Approaching horses.
(1)
Notwithstanding the provisions of any other law to
the contrary, every driver of a vehicle shall exercise due care to
avoid colliding with any horse being ridden or led along a public
highway.
(2)
Every driver of a vehicle shall, at a reasonable and
prudent speed, approach a horse being ridden or led along a public
highway so as to avoid frightening such horse and shall pass the horse
at a reasonable distance.
(3)
No driver of a vehicle shall sound the horn when approaching
or passing a horse on a public highway.
A.
Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event that there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the provisions of § 359-109 of this article.
B.
The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event that there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the provisions of § 359-109 of this article.
A.
The driver of a vehicle upon a public highway, street
or private road, upon meeting or overtaking from either direction
any school bus marked and equipped as provided in Subdivision 20 of
§ 375 of the Vehicle and Traffic Law of the State of New
York which has stopped on the public highway, street or private road
for the purpose of receiving or discharging any passengers or which
has stopped because a school bus in front of it has stopped to receive
or discharge any passengers, shall stop the vehicle before reaching
such school bus when there is in operation of said school bus a red
visual signal as specified in Subdivision 20 of § 375 of
the Vehicle and Traffic Law of the State of New York, and said driver
shall not proceed until such school bus resumes motion or until signaled
by the driver or a police officer to proceed. For the purposes of
this section and in addition to the provisions of § 134
of the Vehicle and Traffic Law of the State of New York, the term
"public highway" shall mean any area used for the parking of motor
vehicles or used as a driveway located on the grounds of a school
as a means of access to and egress from such school or facility.
B.
The driver of such school bus, when receiving or discharging
passengers who must cross a public highway, street or private road,
shall instruct such passengers to cross in front of the bus, and the
driver thereof shall keep such school bus halted with red signal lights
flashing until such passengers have reached the opposite side of such
highway, street or private road. Whether such passengers are crossing
such highway, street or private road or discharging to the same side
of such highway, street or private road, the driver of such bus shall
keep such school bus halted with red signal lights flashing until
such passengers are at least 15 feet from the bus and either off the
highway, street or private road or on a sidewalk.
C.
Every person convicted of a violation of Subsection A of this section shall, for a first conviction thereof, be punished by a fine of not less than $150 nor more than $250 or by imprisonment; for a conviction of a second violation, both of which were committed within a period of three years, such person shall be punished by a fine of not less than $600 nor more than $750 or by imprisonment of not more than 180 days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of not less than $750 nor more than $850 or by imprisonment for not more than 180 days or by both such fine and imprisonment.
A.
No person driving or in charge of a motor vehicle
shall permit it to stand unattended without first stopping the engine,
locking the ignition, removing the key from the vehicle and effectively
setting the brake thereon and, when standing upon any grade, turning
the front wheels to the curb or side of the highway; provided, however,
that the provision for removing the key from the vehicle shall not
require the removal of keys hidden from sight about the vehicle for
convenience or emergency.
B.
A driver may, for the purpose of getting away from
the place of standing, move another vehicle which is so placed that
he cannot get his vehicle out; provided, however, that immediately
thereafter he shall reset the brake and, if on a grade, turn the front
wheels to the curb or side of the highway. This privilege is subject
to the limitation set forth in Subdivision (e) of § 1202
of the Vehicle and Traffic Law of the State of New York.
A.
The driver of a vehicle shall not back the same unless
such movement can be made with safety and without interfering with
other traffic.
B.
The driver of a vehicle shall not back the same upon
any shoulder or roadway of any controlled-access highway, as defined
in § 109 of the Vehicle and Traffic Law of the State of
New York.
No person shall open the door of a motor vehicle
on the side available to moving traffic unless and until it is reasonably
safe to do so and can be done without interfering with the movement
of other traffic nor shall any person leave a door open on the side
of a vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
No person shall drive across or upon a sidewalk,
driveway, parking lot or private property or otherwise drive off a
roadway in order to avoid an intersection or traffic control device.
A.
The drinking of alcoholic beverages in a motor vehicle
being driven upon the public highways is prohibited. Any operator
or passenger violating this section shall be guilty of a traffic infraction.
The provisions of this section shall not be deemed to prohibit the
drinking of alcoholic beverages by passengers in passenger vehicles
operated pursuant to a certificate or permit issued by the Public
Service Commission or Interstate Commerce Commission.
B.
For the purposes of this section, a "passenger vehicle"
shall mean a vehicle designed to carry 10 or more passengers and used
to carry passengers for profit or hire.
A.
No person shall operate a motor vehicle in this state
unless all back seat passengers of such vehicle under the age of four
are restrained in a specially designed seat which meets the Federal
Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and
which is either permanently affixed or is affixed to such vehicle
by a safety belt or, in the case of any other passenger under the
age of 10, he is restrained by a safety belt approved by the Commissioner
of Motor Vehicles of the State of New York.
B.
No person shall operate a motor vehicle unless all front seat passengers under the age of 16 are restrained by a safety belt or, if they are under the age of four, by a specially designed detachable or removable seat which is affixed to such vehicle by a safety belt as required by Subsection A of this section.
C.
No person shall operate a motor vehicle unless such
person is restrained by a safety belt approved by the Commissioner.
No person 16 years of age or over shall be a passenger in the front
seat of a motor vehicle unless such person is restrained by a safety
belt approved by the Commissioner of Motor Vehicles of the State of
New York.
D.
For the purposes of this section, the term "motor
vehicle" shall include all motor vehicles which are required by § 383
of the Vehicle and Traffic Law of the State of New York or regulation
or would be required if such motor vehicle were registered in New
York State to be equipped by a safety belt but shall not include those
vehicles which are used as school buses, as such term is defined in
§ 142 of the Vehicle and Traffic Law of the State of New
York and those vehicles which are authorized emergency vehicles, as
such term is defined in § 101 of the Vehicle and Traffic
Law of the State of New York.
E.
Any person who violates the provisions of Subsection C of this section shall be punished by a civil fine of not less than $50 nor more than $100. Any person who violates the provisions of Subsections A, B or K of this section shall be punished by a civil fine of not less than $25 nor more than $100.
F.
The court shall waive any fine for which a person who violates the provisions of this section would be liable with respect to passengers under the age of four if such person supplies the court with proof that, between the date on which he is charged with having violated this section and the appearance date for such violation, he purchased or rented a child seating system which meets the requirements of Subsection A of this section; provided, however, that such waiver of fine shall not apply to a second or subsequent conviction under this section.
G.
The provisions of this section shall not apply to
a passenger or operator with a physically disabling condition whose
physical disability would prevent appropriate restraint in such safety
seat or safety belt; provided, however, that such condition is duly
certified by a physician who shall state the nature of the handicap
as well as the reason why such restraint is inappropriate.
H.
Noncompliance with the provisions of this section
shall not be admissible as evidence in any civil action in a court
of law in regard to the issue of liability but may be introduced into
evidence in mitigation of damages, provided that the party introducing
said evidence has pleaded such noncompliance as an affirmative defense.
I.
Notwithstanding the provisions of Subsection D, this section shall not apply to taxis, liveries, tractors, trucks with a maximum gross weight of 18,000 pounds or over and buses other than school buses.
J.
The provisions of this section shall not apply to
persons employed as rural letter carriers as defined by the United
States Postal Service while such persons are discharging the duties
of such employment.
K.
Notwithstanding the provisions of Subsection D of this section, no person shall operate a school bus unless all passengers under the age of four are restrained in a specially designed detachable or removable seat as required by Subsection A of this section or another restraining device approved by the Commissioner of Motor Vehicles of the State of New York.
A.
It is a traffic infraction for any person to violate
any of the provisions of this chapter, unless such violation is by
this chapter or other law of this state declared to be a misdemeanor
or a felony.
B.
Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter for which another penalty is not provided shall, for a first conviction thereof, be punished by a fine of not less than $50 and not more than $200 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not less than $100 and not more than $300 or by imprisonment for not more than 45 days, or by both such fine and imprisonment, except that a person convicted of a traffic infraction for a violation of § 359-101C(1) of this article shall, for a first conviction thereof, be punished by a fine of not less than $100 nor more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not less than $250 nor more than $400 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not less than $250 nor more than $600 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
C.
A conviction of violation of any provision of this
chapter shall not be a bar to a prosecution for an assault or for
a homicide committed by any person in operating a motor vehicle or
motorcycle.
A.
Authorized; amount.
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Except as provided in § 1809 of the
New York State Vehicle and Traffic Law and § 60.35 of the
New York State Penal Law, whenever any proceeding in an administrative
tribunal or a court of this state results in a conviction for a violation
of a local law, resolution, City Charter provision and/or code of
ordinances provision of the City of Albany, New York, other than a
traffic infraction involving standing, stopping or parking or violations
by pedestrians or bicyclists, there shall be a mandatory surcharge
in the amount of $25 in addition to any sentence required or permitted
by law to defray the costs of administration.
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B.
When a person is convicted of two or more such traffic infractions committed through a single act or omission or through an act or omission which in itself constituted one of the traffic infractions and also was a material element of the other, the court or administrative tribunal shall impose a mandatory surcharge mandated by Subsection A of this section for each such conviction; provided, however, that in no event shall the total amount of such mandatory surcharges imposed exceed $50.
