N.Y. Comp. Codes R. & Regs. tit. 17 § 182.30

Current through Register Vol. 46, No. 45, November 2, 2024

Section 182.30 - Restricted parkway

A parkway, or portion thereof, under construction or reconstruction may be designated by the Commissioner of Transportation as a restricted parkway. The following regulations shall be effective with respect to a specific restricted parkway from the date the parkway is designated a restricted parkway by an official designation of the commissioner until the restriction is removed by a notice of cancellation of such designation:

(a) Signs, signals and traffic control devices. Operators of vehicles on restricted parkways shall obey the instruction of all signs, signals and traffic control devices erected on or along such parkways by the Commissioner of Transportation or his duly designated agent.

(b) Speed restrictions.

(1) No person shall drive a motor vehicle on a restricted parkway at a speed that is greater than the speed limit indicated on official signs or that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

(2) Except when a special hazard exists that requires lower speed for compliance with paragraph (1) of this subdivision, no person shall drive a vehicle on a restricted parkway within a work zone at a speed in excess of 25 miles per hour. A work zone is defined as a portion of the restricted parkway delineated as an area of work by appropriate signs.

(c) Flagman. Operators of vehicles on restricted parkways shall obey the instructions and/or follow the directions of any flagman or other authorized representative of the project contractor with respect to parking, standing, stopping, backing, or other movements of such vehicle.

(d) Control of persons and equipment. Construction personnel and equipment engaged in work on a restricted parkway shall be afforded the widest latitude in operating within the restricted parkway consistent with the safety of the traveling public. This shall include, but not be limited to, the crossing of the highway and the mall; the shutting off of lanes of travel consistent with the contract and the orders of the Commissioner of Transportation or his duly designated agent; the loading, unloading and manipulation of materials; the movement and direction of vehicles and equipment; and other similar operations necessary to the reasonable and practical performance of the contract operations.

(e) Pedestrians, equestrians and animals. The use of any restricted parkway by pedestrians, equestrians or animals may be prohibited or limited by the erection of signs by the Commissioner of Transportation or his duly designated agent, on or along the restricted parkway.

(f) Other requirements. The provisions of the Vehicle and Traffic Law relating to motor vehicles shall not apply to special purpose construction equipment, such as described in section 401, subdivision 7, paragraph (f) of the Vehicle and Traffic Law, while engaged in work on a restricted parkway, except that all such vehicles and equipment shall be kept in a safe mechanical operating condition at all times and reasonable caution shall be used to protect the traveling public. However, such provisions shall apply to those vehicles that normally operate on public highways to transport persons and/or materials and are normally considered commercial vehicles.

(g) Emergency or unusual conditions. The Commissioner of Transportation may, by the erection of signs, signals or other traffic control devices, alter or modify the provisions of the regulations in this section to adequately protect the public at locations where emergency or unusual conditions occur or exist as a result of the construction or reconstruction of the restricted parkway. These alterations or modifications shall have the same force and effect as those that were specifically spelled out in the regulations of this section and shall remain in force until the condition is reasonable and safe, and the erected signs, signals or other traffic control devices have been removed.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 182.30