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This entry was published on 2014-09-22
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SECTION 1681
State traffic-control devices
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 8, ARTICLE 44
§ 1681. State traffic-control devices. (a) The department of
transportation shall order the installation, operation, maintenance and
removal of such traffic-control devices, conforming to its manual and
specifications, upon all state highways maintained by the state or on
any highway intersecting a state highway maintained by the state on the
approach to such intersection as it may deem necessary to indicate and
to carry out the provisions of this chapter or to regulate, warn, or
guide traffic, and elsewhere as specifically authorized by this chapter.

(b) The department of transportation may order the erection and
maintenance of suitable directional signs upon the streets of cities and
villages and upon county roads and town highways outside of cities and
villages within the state, to facilitate through traffic, provided
consent therefor is first obtained from the local authorities of the
city, village or town or the county superintendent of highways.

(c) Except as otherwise provided the cost of providing, erecting,
maintaining and removing traffic-control devices ordered by the
department of transportation shall be paid from any moneys available for
the maintenance, repair or reconstruction of state highways upon
vouchers approved by the department of transportation. However, the work
of providing, erecting and removing such traffic-control devices may be
performed by contract in the same manner as provided for state highways
in article three of the highway law, or, by the use of department of
transportation forces and equipment and all materials purchased
therefor, or by a combination of such methods, and the cost of such work
may be paid from such moneys available for the construction of state
highways. Except as herein provided, nothing shall be paid from such
moneys for providing, erecting or maintaining traffic-control signals or
flashing signals used in connection with regulating traffic upon a
highway under the jurisdiction of the department of transportation at
entrances to private property, and nothing shall be paid from such
moneys for maintaining traffic-control signals or flashing signals used
in connection with regulating traffic upon a highway under the
jurisdiction of the department of transportation at entrances to
schools. Upon determination by the department of transportation of the
need for such a signal, the department of transportation may permit any
person, firm, association, corporation or public body to provide and
erect such signal in accordance with standards and specifications
established by the department of transportation. The department of
transportation may require that some or all of the control equipment
used in the signal construction be supplied by the state to ensure
equipment quality and compatibility with state practices and the cost of
such furnished equipment shall be reimbursed to the state by the party
receiving permission to provide and erect the signal.

All signals erected on or after the first day of April, nineteen
hundred eighty-six with permission of the department of transportation
and in accordance with the standards and specifications established by
the department of transportation shall be maintained by the state. The
party which erected such signals shall pay the state an annual fee to be
determined by the commissioner of transportation. Such fees shall cover
the cost of normal signal maintenance, but shall not include the cost of
electrical energy or major modifications or replacements which shall
remain the responsibility of the party which erected the signal. The
department of transportation may, in its discretion, agree to assume the
same maintenance responsibility for signals erected with the permission
of the department of transportation prior to the first day of April,
nineteen hundred eighty-six, if the department of transportation
determines that such signal substantially meets established standards
and is in a satisfactory state of repair. The party which erected such
signals shall also pay the state an annual fee which shall be calculated
in the same manner as fees for signals erected on or after the first day
of April, nineteen hundred eighty-six.

No such traffic signal or flashing signal erected with permission of
the department of transportation shall be removed except with the
written consent of the department of transportation.

The department of transportation shall have the right to revoke its
permission to provide, erect or maintain such a signal and shall have
the right to require that the signal be removed without a hearing or
necessity of showing cause.

(d) Signs posting speed limits established on county roads and town
highways as provided for in subdivision one of section sixteen hundred
twenty-two, and traffic-control devices posting traffic regulations on
the grounds of state departments and certain state institutions as
provided for in sections sixteen hundred twenty-three and sixteen
hundred twenty-seven shall be provided, installed and maintained at
their own expense by the county, town, state or state institution
respectively. Signs posting speed limits established as provided for in
subdivision two of section sixteen hundred twenty-two shall be provided,
installed and maintained at its own expense by the town.

(e) Except as otherwise provided for in section sixteen hundred
eighty-two no state agency, local authority or person shall place or
maintain any traffic-control device upon any state highway maintained by
the state except by permission of the department of transportation.