§ 25.05 Operation on highways. It shall be unlawful for any person to
drive or operate any snowmobile on a highway other than as follows:

1. Operation on thruway, interstate highways and controlled access
state highways prohibited. Except in a snow emergency as so declared
under the provisions of subdivision two of this section, snowmobiles
shall not be operated on the state thruway or interstate and controlled
access state highways.

1-a. Notwithstanding the provisions of subdivision one of this
section, the commissioner, with the concurrence of the commissioner of
transportation, may designate for temporary snowmobile use a trail or
portion of a trail listed in this subdivision within the right of way of
a state route. The commissioner's designation shall include conditions,
developed in consultation with the commissioner of transportation, on
the use of such trail by snowmobiles to provide for the safe use of such
route and the safe operation of snowmobiles on the trail. Designations
made under this subdivision shall be effective for no longer than a
period of one year and may be renewed with the concurrence of the
commissioner of transportation. The following trails or portions thereof
may be temporarily designated for snowmobile use pursuant to this
subdivision:

(a) state route one hundred four between the western county line of
Wayne county and the northern town line of the town of Hannibal in
Oswego county; and

(b) state route three hundred seventy-four from the vicinity of route
marker 374-7102-1331 at the intersection of state route three hundred
seventy-four and state route twenty-two to the vicinity of route marker
374-7102-1250 in Cadyville near the intersection of state route three
hundred seventy-four and state route three.

1-b. Notwithstanding the provisions of subdivision one of this
section, the commissioner, with the concurrence of the commissioner of
transportation, may designate for snowmobile use a trail within the
right-of-way of state route three between state route one hundred four
in the town of Hannibal and county route three in the town of Granby in
Oswego county. The commissioner's designation shall include conditions,
developed in consultation with the commissioner of transportation, on
the use of such trail by snowmobiles to provide for the safe use of
state route three and the safe operation of snowmobiles on the trail.
Designations made under this subdivision shall be effective for no
longer than a period of one year and may be renewed with the concurrence
of the commissioner of transportation.

1-c. Notwithstanding the provisions of subdivision one of this
section, the commissioner, with the concurrence of the commissioner of
transportation, may designate for snowmobile use a trail within the
right-of-way of state route eight in the town of Deerfield in Oneida
county between mile marker/area locations route marker 8-2607-3237 and
route marker 8-2607-3260. The commissioner's designation shall include
conditions, developed in consultation with the commissioner of
transportation, on the use of such trail by snowmobiles to provide for
the safe use of state route eight and the safe operation of snowmobiles
on the trail. Designations made under this subdivision shall be
effective for no longer than a period of one year and may be renewed
with the concurrence of the commissioner of transportation.

1-d. Notwithstanding the provisions of subdivision one of this
section, the commissioner, with the concurrence of the commissioner of
transportation, may designate for snowmobile use a trail within the
right-of-way of state route twelve in the town of Boonville in Oneida
county between reference marker 12-2604-3212 and 12-2604-3213 and a
trail within the right-of-way of state route twenty-eight in the town of
Boonville in Oneida county between reference marker 28-2607-1142 and
28-2607-1143. The commissioner's designation shall include conditions,
developed in consultation with the commissioner of transportation, on
the use of such trails by snowmobiles to provide for the safe use of
state route twelve and state route twenty-eight and the safe operation
of snowmobiles on the trails. Designations made under this subdivision
shall be effective for no longer than a period of one year and may be
renewed with the concurrence of the commissioner of transportation.

1-e. Notwithstanding the provisions of subdivision one of this
section, the commissioner, with the concurrence of the commissioner of
transportation, may designate for snowmobile use a trail within the
right-of-way of state route two hundred nineteen in the town of Concord
in Erie county between reference marker 219-5314-1121 and 219-5314-1127.
The commissioner's designation shall include conditions, developed in
consultation with the commissioner of transportation, on the use of such
trail by snowmobiles to provide for the safe use of state route two
hundred nineteen and the safe operation of snowmobiles on the trail.
Designations made under this subdivision shall be effective for no
longer than a period of one year and may be renewed with the concurrence
of the commissioner of transportation.

2. Emergencies. (a) In an emergency, for the purpose of emergency
travel only, during the period of time when and at locations where snow
upon the highways renders travel by motor vehicles impractical, as so
declared and permitted in the case of the state thruway by the thruway
authority, in the case of other state highways by the state agency or
authority having jurisdiction to regulate traffic thereon, and in the
case of other highways by the chief executive officer of the
municipality having jurisdiction over such highways.

(b) A snowmobile may also be operated on a highway otherwise closed to
snowmobile travel in emergency situations when the specific travel for a
specific purpose is authorized or directed by a peace or police officer,
or a highway superintendent or executive officer of a county, town, city
or village.

3. Highway crossings. On highways other than the thruway, interstate
highways and controlled access highways, snowmobiles may take a direct
crossing at any time of the day provided:

(a) The crossing is made at an angle of approximately ninety degrees
to the direction of the highway and at a place where no obstruction
prevents a quick and safe crossing; and

(b) The snowmobile is brought to a complete stop before crossing the
shoulder or main traveled way of the highway; and

(c) The driver yields the right of way to all oncoming traffic which
constitutes an immediate hazard; and

4. Culverts and bridges. Snowmobiles may be operated on highways other
than the thruway, interstate and controlled access highways, when
necessary to cross a bridge or culvert.

5. Unplowed highways. Snowmobiles may be operated on county, town,
city or village highways, or portions thereof, during the periods when
and at locations where the highway is customarily unplowed and unused
during the winter months for vehicle travel. The governing body of a
county, town, city or village shall designate those highways or portions
thereof which are so customarily unplowed.

6. Outside banks. On highways other than the thruway, interstate and
controlled access highways, snowmobiles may be operated on the outside
banks.

7. Highways designated by governmental agencies. Snowmobiles may be
operated on the following portions of highways, other than the thruway,
interstate highways or controlled access state highways, which have been
designated and posted as provided in section 25.09.

(a) Shoulders and inside banks. On the shoulders and inside banks of
such highways or portions thereof so designated;

(b) Roadways. On roadways of such highways or portions thereof in case
the outside banks or shoulders are determined by the governmental agency
to be impassable or non-existent by reason of prevailing snow conditions
or conditions of terrain;

(c) Access areas. On such highways, for a distance of not to exceed
five hundred yards when in the determination of the governmental agency
concerned it is otherwise impossible for snowmobiles to gain access to
areas or trails adjacent to the highway, for the purpose only of gaining
access to and from the areas of operation.

8. Limitation on highway operation. (a) No person shall so operate a
snowmobile on any highway, when otherwise permitted, between sunset and
sunrise except on the right side of such right of way and in the same
direction as the highway traffic or the nearest lane of the roadway
adjacent thereto.

(b) When operation on a roadway is permitted by any provision of this
article, snowmobiles shall travel in single file, shall not ride tandem
or abreast each other except in overtaking another snowmobile, and shall
travel on the right side of the road in the same direction as the flow
of vehicular traffic.

(c) No person shall operate a snowmobile on or across a highway while
pulling a person on skis or drawing or towing a sleigh, sled or toboggan
which carries or transports any person. No person on skis shall be
pulled by, and no person shall ride on or in a sleigh, sled or toboggan
which is being towed or trailed by a snowmobile on a highway.

(d) No person shall operate a snowmobile on the frozen surface of
public waters within one hundred feet of a person, including but not
limited to a skater, not in or upon a snowmobile or within one hundred
feet of a fishing shanty or shelter except at the minimum speed required
to maintain forward movement of the snowmobile or on an area which has
been cleared of snow for skating purposes unless the area is necessary
for access to the public water.

(e) No person shall operate a snowmobile within one hundred feet of a
dwelling between twelve o'clock midnight and six o'clock a.m., at a
speed greater than minimum required to maintain forward movement of the
snowmobile.

9. Emergency vehicle. The provisions of this section shall not apply
to operation as emergency vehicle.