N.Y. Comp. Codes R. & Regs. tit. 21 § 102.1

Current through Register Vol. 46, No. 24, June 12, 2024

Section 102.1 - Prohibited uses of the Thruway

(a) Use of the Thruway system by the following is prohibited at all times, with the noted exceptions:

(1) Pedestrians, except on the Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's shared use path when such sidewalks and/or shared use path are not closed or otherwise prescribed at the sole discretion of the Thruway Authority.

(2) Bicycles with or without motors, bicycles with electric assist, limited use motorcycles and limited use vehicles, except bicycles without motors or bicycles with electric assist are permitted on the Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's shared use path when such sidewalks and/or shared use path are not closed or otherwise prescribed at the sole discretion of the Thruway Authority.

(3) Vehicles drawn by animals.

(4) Animals led, ridden or driven on the hoof.

(5) Vehicles with metal tires or solid tires worn to metal, and vehicles with caterpillar treads.

(6) Farm implements and farm machinery, when self-propelled or towed.

(7) Vehicles loaded with animals or poultry not properly confined.

(8) Vehicles with deflated pneumatic tires; also vehicles with tires in such condition that they are, in the judgment of the employees of the Thruway Authority or State Police, unsafe for use upon the Thruway system.

(9) Vehicles in such condition that they are, in the judgment of the employees of the Thruway Authority or State Police, unsafe for use upon the Thruway system. The burden of proof of the safe condition of such vehicles shall be upon the operators of such vehicles.

(10) Vehicles with improperly secured loads.

(11) Vehicles transporting loose materials, unless covered with a tarpaulin or other cover or suitable device capable of preventing the dislodgment and falling of such materials or any portion hereof by vehicle movement, or wind or combination thereof; provided that this paragraph shall not apply to Thruway Authority-owned vehicles.

(12) Vehicles, including any load thereon, exceeding the maximum allowable limitations of section 385 of the Vehicle and Traffic Law. Compliance with the limitations of this paragraph and paragraph (13) of this subdivision shall constitute a license to vehicles to use the Thruway system without the necessity of undergoing investigations designed to protect Thruway traffic and facilities. Special hauling permits for other vehicles, including tandem trailers exceeding the maximum allowable limitations of section 385 of the Vehicle and Traffic Law, issued by the Thruway Authority for appropriate terms and only after investigation, shall similarly constitute a license to use the Thruway system, subject to compliance with special equipment and operating requirements, and such other conditions as have been or may hereafter be established by the Thruway Authority.

(13) Vehicles for which special hauling permits have not been issued by the Thruway Authority, and which exceed the maximum allowable limitations of section 385 of the Vehicle and Traffic law.

(14) Vehicles in tow by rope or other nonrigid connection.

(15) In addition to all other provisions of this Chapter, no disabled vehicle may be serviced or repaired on the Governor Mario M. Cuomo Bridge between mileposts 13.15 and 16.18, except with special permission of the Thruway Authority or the State Police. In the absence of such permission, disabled vehicles will be immediately removed from the said bridge by Thruway Authority forces to designated parking areas.

(16) Disabled vehicles in tow, except for saddle-mounted vehicles, or disabled vehicles being pushed, except under the following conditions:

(i) Vehicles which become disabled and must be removed by towing or pushing, shall be so removed to the nearest exit (or another exit, if authorized by the Thruway Authority or the State Police) by an emergency service vehicle from an authorized emergency service garage; provided, however, that trucking and bus company vehicles which become disabled and must be removed by towing or pushing may also be so removed to the nearest exit by a properly equipped towing vehicle from a company-owned and operated service unit, or an agency operating under contract with the subject company whose vehicle is disabled; provided, however, that a vehicle disabled on the Governor Mario M. Cuomo Bridge between mileposts 13.15 and 16.18 shall be removed only by Thruway Authority forces and such other forces as shall be specifically requested by the Thruway Authority.

(ii) The provisions of this subparagraph shall not apply to any properly equipped vehicle with a disabled intact passenger vehicle, tractor, straight truck or bus in tow, provided that the towed vehicle is fastened to the towing vehicle with a rigid connection, and is considered safe for travel on the Thruway, as required by paragraph (9) of this subdivision, and provided further, that the operator of the towing vehicle obtains a road service permit before entry.

(17) Vehicles carrying explosives found in division 1.1-1.3 as defined in United States Department of Transportation regulations title 49, Code of Federal Regulations section 175.53 as amended December 21, 1990, except under such procedures as may be adopted by the Thruway Authority board, and as thereafter amended, from time to time, by the Thruway Authority's department of operations with the approval of the chairman.

Department of Transportation regulations shall mean those safety regulations of the United States Department of Transportation which are included in parts 100-185 and parts 390-397 of title 49, amended August 28, 2001, Code of Federal Regulations, and sections 5101-5127 of title 49 U.S.C. chapter 51, amended October 31, 1994, which deal with motor carrier safety and the transportation of explosives and other dangerous articles by motor carriers by highway.

(18) Vehicles carrying radioactive materials except when authorized through the Thruway Authority's department of operations.

(19) Saddle-mounted vehicles, except those which comply in all respects, including the equipment and operation thereof, with the provisions of part 193 of title 49 of the Code of Federal Regulations, including, but not limited to, sections 193.17 and 193.71 thereof, as it may from time to time be amended, which part is hereby incorporated herein and made a part hereof with the same force and effect as if fully set forth herein.

(20)

(i) No plane shall be allowed to take off in flight from any portion of the Thruway system except under special permit issued in advance by the Thruway Authority's director of operations on payment of a fee of $300. Such permit shall be issued only after a careful review of field conditions, including, but not limited to, weather, road conditions, traffic densities and geographical configuration, indicates that such takeoff can be made safely. Applicant shall furnish evidence of adequate insurance to fully protect the Thruway Authority and shall hold the Thruway Authority harmless from any and all claims that may arise from this operation.

(ii) Where the plane is to be removed from the Thruway system by means other than takeoff in flight, such operation shall be permitted only after investigation and subject to compliance with any special equipment or operating requirements and such other conditions as have been or may hereafter be established by the Thruway Authority. Such permission will be subject to the payment of a $100 charge.

(iii) The landing of planes on the Thruway system shall be governed by the provisions of sections 245 and 246 of the General Business Law.

(iv) As used in this paragraph, the term planes means any contrivance, now or hereafter invented, for flight in the air, except a parachute or other contrivance designed for use, and carried primarily for safety equipment.

(21) Snowmobiles ; provided, however, that the Thruway Authority's executive director or his or her designee is authorized to waive this prohibition for the use of snowmobiles in a storm emergency to aid Thruway patrons.

(b) It shall be a duty of the employees of the Thruway Authority, in addition to the members of the Division of State Police, to enforce the provisions of this section, and all persons shall comply with the orders of such employees and officers given to prevent the use of or entry on the Thruway system for any of the aforesaid forbidden purposes.

(c) Notwithstanding the foregoing, the Thruway Authority's executive director or his or her designee is authorized, at his or her discretion, to waive any or all of the provisions of section 102.1 of this Part or issue publicly available guidelines to establish further restrictions or requirements for use of the Thruway system or any part thereof.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 102.1

Amended New York State Register January 13, 2021/Volume XLIII, Issue 02, eff. 1/13/2021