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This entry was published on 2021-08-06
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SECTION 375
Equipment
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 9
§ 375. Equipment. 1. (a) Every motor vehicle, operated or driven upon
the public highways of the state, shall be provided with adequate brakes
and steering mechanism in good working order and sufficient to control
such vehicle at all times when the same is in use, and a suitable and
adequate horn or other device for signaling, which horn or device shall
produce a sound sufficiently loud to serve as a danger warning but shall
not be used other than as a reasonable warning nor be unnecessarily loud
or harsh.

(b) Every such motor vehicle shall be equipped with suitable wipers or
other device which shall clear a sufficient area of the windshields to
provide reasonable driving vision. (i) The use or placing of posters or
stickers on windshields or rear windows of motor vehicles other than
those authorized by the commissioner, is hereby prohibited. The
attaching to windshields and windshield wipers of handbills and other
forms of advertisements, is hereby prohibited.

(ii) In a city of one million or more, the attaching or affixing by
any means whatsoever of handbills or other forms of advertisements to a
motor vehicle is hereby prohibited. In any prosecution for an alleged
violation of this subparagraph, there shall be a rebuttable presumption
that the person whose name, telephone number, or other identifying
information appears on any handbill or other form of advertisement
attached or affixed to a motor vehicle shall be in violation of the
provisions of this subparagraph.

(iii) Notwithstanding any other provision of law, in addition to those
persons otherwise authorized to enforce this subdivision and adjudicate
violations thereof, the provisions of subparagraph (ii) of this
paragraph shall also be enforceable in a city having a population of one
million or more by an agency or agencies designated for such purpose by
the mayor of such city, and notices of violation may be returnable to
the environmental control board of such city, which shall have the power
to impose the monetary penalties provided in subdivision (b) of section
eighteen hundred of this chapter. Notwithstanding any other provision of
law, service of a notice of violation of subparagraph (ii) of this
paragraph committed in such city may be made upon a person by first
class mail, postage prepaid, and any such notice served by mail shall be
returnable only to such environmental control board. Such service by
first class mail shall be deemed complete upon mailing of the notice of
violation, unless the notice of violation is returned to the sender by
the United States postal service for any reason other than refusal of
delivery. In addition, any notice of violation for a violation of
subparagraph (ii) of this paragraph may be served by a means prescribed
in article three of the civil practice law and rules or article three of
the business corporation law. Notwithstanding any other provision of
law, such penalties imposed by such environmental control board shall be
paid into the general fund of such city.

(iv) Any final order issued pursuant to subparagraph (ii) of this
paragraph by an environmental control board of a city having a
population of one million or more shall constitute a judgment which may
be entered in any place provided for the entry of civil judgments within
the state, and may be enforced without court proceeding in the same
manner as the enforcement of money judgments entered in civil actions.
Notwithstanding the preceding sentence, before a judgment based upon a
default may be so entered, such environmental control board must have
notified the respondent by first class mail in such form as such
environmental control board may direct: (A) of the default decision and
order and the penalty imposed; (B) that a judgment will be entered in
any place provided for the entry of civil judgments in the state; and
(C) that the entry of such judgment may be avoided by requesting a stay
of default for good cause shown and either requesting a hearing or
entering a plea pursuant to the rules of such environmental control
board within thirty days of the mailing of such notice. No judgment
based upon a default may be so entered by the environmental control
board within thirty days of the mailing of such notice. No judgment
based upon a default may be so entered by the environmental control
board within less than sixty days from the completion of service by mail
of the notice of violation as provided in subparagraph (iii) of this
paragraph. Any requirement of any provision of law other than this
subdivision that related to the manner of service of the notice of
violation that precedes any final order of such environmental control
board shall not apply to a final order issued pursuant to this
subparagraph. A judgment entered pursuant to this subdivision shall
remain in full force and effect for eight years.

(c) Every trailer and semi-trailer weighing more than one thousand
pounds unladen and every trailer and semi-trailer manufactured or
assembled on or after January first, nineteen hundred seventy-one having
a registered maximum gross weight, an actual gross weight or gross
weight consisting of the unladen weight and maximum carrying capacity
recommended by the manufacturer in excess of three thousand pounds also
shall be equipped with adequate brakes in good working order if operated
or drawn on the public highways of this state. Every trailer while being
drawn upon the public highways of this state shall be so attached to the
vehicle drawing the same as to prevent the wheels of such trailer from
being deflected more than six inches from the path of the towing
vehicle's wheels. On and after January first, nineteen hundred
seventy-one every trailer, except a semi-trailer, while being drawn upon
the public highways of this state, shall be attached to the vehicle
drawing the same by a device of a type approved by the commissioner.

(d) The commissioner shall make rules prescribing standards of brake
efficiency, except for motor vehicles the standard of brake efficiency
of which are fixed by the department of public service, and no brakes
shall be deemed adequate within the meaning of this subdivision unless
they meet the requirements of such rules. Such rules shall be filed in
the office of the secretary of state and thereafter published once in
the state advertising bulletin and shall become effective one month
after such publication. Any amendment to such rules shall be likewise
filed and published and shall take effect one month after such
publication.

(e) No operator or registered owner of any motor vehicle having a
registered maximum gross weight of eighteen thousand pounds or more
shall disconnect or knowingly permit the disconnection of any set of
service brakes on such motor vehicle. Any violation of the provisions of
this paragraph shall occur only when such vehicle is actually operated
on the public highways. Such violation shall be punishable as a
misdemeanor.

2. (a) Every motor vehicle except a motorcycle, driven upon a public
highway during the period from one-half hour after sunset to one-half
hour before sunrise or at any other time when windshield wipers are in
use, as a result of rain, sleet, snow, hail or other unfavorable
atmospheric condition, and at such other times as visibility for a
distance of one thousand feet ahead of such motor vehicle is not clear,
shall display:

1. at least two lighted head lamps on the front, one on each side,
having light sources of equal power;

2. if manufactured prior to January first, nineteen hundred fifty-two,
at least one lighted lamp on the rear which shall display a red light
visible from the rear for a distance of at least five hundred feet;

3. if manufactured on or after January first, nineteen hundred
fifty-two, at least two lighted lamps on the rear, one on each side,
which lamps shall display a red light visible from the rear for a
distance of at least one thousand feet; and

4. if required to display a number plate on the rear, a white light
which shall illuminate the numerals on such plate in such manner as to
render such numerals legible for at least fifty feet from the rear. The
provisions of this subparagraph shall also apply to trailers.

(b) All lamps used on a motor vehicle except a motorcycle shall be so
arranged, adjusted and operated, as to avoid dangerous glare or dazzle.
Except as provided in paragraph (d) of this subdivision, the upper
outline of any beam of dazzling light projected to the left of the
longitudinal axis of the vehicle by the lowermost light distribution of
a headlamp designed to produce more than one light distribution, or by
the single light distribution of any other lamp used on such a motor
vehicle, shall not rise higher than the lamp center at a distance of
twenty-five feet nor higher than forty-two inches at a distance of
seventy-five feet. In each case, the height of the beam shall be
measured from the plane upon which the vehicle stands and the distance
shall be measured from the lamp projecting the light.

(c) No lamp shall be used on a motor vehicle having a light source
greater than thirty-two candle power, unless such lamp is approved by
the commissioner as provided by this section. The provisions of this
paragraph shall not apply to any light which is permitted to be
displayed only on an authorized emergency vehicle, a hazard vehicle or a
vehicle which is permitted to display a blue or green light pursuant to
paragraphs four and five of subdivision forty-one of this section.

(d) A motor vehicle, other than a motorcycle, equipped with any device
such as, but not limited to, a snow plow blade, which blocks or impairs
the projection of light from the headlamps of such vehicle, shall be
equipped with at least two additional headlamps on the front which
headlamps meet all the requirements of this subdivision for headlamps
except those provisions of paragraph (b) of this subdivision
specifically limiting the height of the beam of any headlamp.

3. Headlamps required pursuant to the provisions of subdivision two of
this section may be of the multiple beam type designed to produce more
than one distribution of light or of the single beam type designed to
produce only one distribution of light.

Provided that, whenever a vehicle approaching from ahead is within
five hundred feet, or when approaching a moving vehicle from the rear
and within two hundred feet of the same, the headlamps, if of the
multiple beam type, or the auxiliary front facing lamps, if the vehicle
is so equipped, shall be operated so that dazzling light does not
interfere with the driver of the approaching vehicle, or the vehicle
being approached, and, whenever the highway is so lighted or traffic
thereon is such that illumination of the highway for more than two
hundred feet ahead of the vehicle by lights on such vehicle is
unnecessary or impracticable, the headlamps, if of the multiple beam
type, or the auxiliary front facing lamps, if the vehicle is so
equipped, shall be operated with the lowermost distribution of light in
use. Nothing contained in this subdivision shall be construed to prevent
the use of flashing high beams to signify an intention to pass a vehicle
or vehicles when two or more vehicles are traveling in the same
direction, the operation of any headlamp as defined in paragraph d of
subdivision two of this section, nor shall it apply to any auxiliary
front facing lamp permitted to be displayed only on an authorized
emergency vehicle.

4. No headlamp shall be used upon any motor vehicle except a
motorcycle operated upon the public highways of this state, unless such
lamp is approved by the commissioner or is equipped with a lens or other
device approved by the commissioner. Every such headlamp, lens or other
device shall be applied and adjusted in accordance with the requirements
of the certificate approving the use thereof. Every such headlamp shall
be firmly and substantially mounted on the motor vehicle in such manner
as to allow the lamp to be properly and readily adjusted. The operator
of every motor vehicle shall permit any police officer or other person
exercising police powers to inspect the equipment of such motor vehicle,
and make such tests as may be necessary to determine whether the
provisions of this section are being complied with.

Any certificate of approval heretofore issued pursuant to law, or
hereafter issued by the commissioner may be revoked by the commissioner,
after a hearing of which the person or corporation named therein, or his
or its successor in interest, shall have been given reasonable notice
and an opportunity to appear and be heard upon the ground that the
device does not comply with the provisions of this section, and the
rules and regulations of the commissioner and the decision of the
commissioner revoking such certificate shall be final; such revocation,
however, of a lens or other headlighting device heretofore or hereafter
approved shall not take effect until six months after the decision of
the commissioner revoking the same and shall apply only to vehicles
manufactured and used thereafter on the highways of this state.

The foregoing provisions governing lights on motor vehicles do not
apply to so-called dimmers the use of which is permitted or required by
local ordinances.

The commissioner may make such rules and regulations relative to
lights on motor vehicles and the approval of the same as are not
inconsistent with the specific provisions of this section.

7. It shall be unlawful for any person, firm, association or
corporation to sell or offer for sale a headlighting device without
delivering therewith to the purchaser a printed sheet of instructions
describing the device in detail, its method of mounting, arrangement and
adjustment and specifying the candle power of the lamps to be used
thereon and any other matter that may be necessary to insure compliance
in the use of such device with the provisions of this article and the
certificate of approval. Such instructions shall be printed with a
photogravure of the pattern of light from one headlight shown on a
regulation testing screen with respect to a horizontal cross line placed
across the face of such screen at a height equal to the height of the
center of such headlight, and with the headlight adjusted in accordance
with the rules and regulations of the commissioner. The sale of a
headlighting device not approved under the provisions of this section is
prohibited. A violation of any of the provisions of this subdivision
shall be a misdemeanor.

9. Every omnibus operating upon the public highways of the state
having a carrying capacity of ten or more passengers, shall be equipped
with one hand fire extinguisher of at least 4 B:C Underwriters'
Laboratories rating or a similar rating by any qualified laboratory or
testing organization which meets the criteria of American Society for
Testing Materials test E548-76. Fire extinguishers shall be kept in good
operating condition at all times and must be mounted in a place readily
accessible for use.

10. a. Every motor vehicle, when driven or operated upon a public
highway, shall be equipped with a mirror or other reflecting device so
adjusted that the operator of such vehicle shall have a clear and full
view of the road and condition of traffic behind such vehicle.

b. In addition to the above requirements, an omnibus having a capacity
of ten or more passengers registered in this state and manufactured or
assembled after July first, nineteen hundred seventy, shall be equipped
with a mirror attached to the right side of such vehicle and so adjusted
that the driver thereof shall have a clear and full view of the road and
condition of traffic behind such vehicle.

c. Every passenger motor vehicle registered in this state and
manufactured or assembled after June thirtieth, nineteen hundred
sixty-nine, and designated as a nineteen hundred seventy or subsequent
year model, shall be equipped with adjustable interior mirrors meeting
specifications established by the commissioner which specifications may
provide minimum and maximum reflectance values.

d. Every new passenger-type motor vehicle, except a motorcycle,
manufactured for sale in New York state on or after January first, in
the year next succeeding the effective date of this paragraph shall be
manufactured with an interior rear-view mirror of the selective position
prismatic type with a reflectance value in the night driving position of
at least four percent; or its functional equivalent. For purposes of
this section, "passenger-type motor vehicle" shall mean any motor
vehicle with a seating capacity of not more than fifteen adults, not
including the driver, that is equipped with one or more rear windows.
Any violation of the provisions of this paragraph by any manufacturer
shall constitute an offense and shall be punishable by a civil fine of
not more than seven hundred fifty dollars for each offense.

e. Every single-unit motor vehicle registered in this state, operated
for commercial purposes and having a cube style or enclosed walk-in
delivery bay, where such delivery bay has a length of eight feet six
inches or more, but not exceeding a length of eighteen feet, shall be
equipped with a cross-view back-up mirror system, rear video system,
rear object detection system , or other device, which enables the driver
of the vehicle to detect by means of a visual, or visual and audible
warning-indicator, persons and objects located directly behind the
vehicle. The commissioner is hereby authorized to promulgate regulations
providing specifications for mirrors or other devices as required by
this paragraph.

f. Every sani-van and motor vehicle commonly classified as a garbage
truck purchased on or after January first, two thousand eight and
registered in this state, which is operated in and engages in the
collection of garbage or refuse in the county of Westchester shall be
equipped with a rear video system, rear object detection system, or
other device which enables the driver of the vehicle to detect by means
of a visual, or visual and audible warning-indicator, persons and
objects located directly behind the vehicle. The commissioner is hereby
authorized to promulgate regulations providing specifications for
mirrors or other devices as required by this paragraph. Provided,
however, that the provisions of this paragraph shall not apply to motor
vehicles commonly classified as rolloff vehicles that are used for the
express purpose of transporting waste containers such as open boxes or
compactors.

10-a. It shall be unlawful after July first, nineteen hundred
sixty-seven to operate on any public highway in this state any motor
vehicle registered in this state, manufactured or assembled on or after
such date, and designated as a nineteen hundred sixty-eight or later
model, unless such vehicle is equipped with an adjustable side view
mirror which shall be affixed to the left outside of such vehicle and
which shall be adjustable so that the operator of such vehicle may have
a clear view of the road and condition of traffic on the left side and
to the rear of such vehicle.

10-b. It shall be unlawful after June thirtieth, nineteen hundred
seventy-three to operate on any public highway or street in this state,
any passenger type motor vehicle except convertible, suburban and
omnibus or other motor vehicle that has a roll-down rear window or a
rear window or windows located in a movable closure (door-like) member
registered in this state, manufactured or assembled after said date, and
designated as a nineteen hundred seventy-four or subsequent model unless
such vehicle be equipped with a rear window defogger or defroster, which
shall be so located and adjusted that its operation will give the
operator of such vehicle, by means of the mirror or other reflecting
device required by subdivision ten of this section, a view of the road
and the condition of traffic behind such vehicle.

10-c. It shall be unlawful after June thirtieth, nineteen hundred
eighty-five to operate on any public highway or street in this state,
any passenger type motor vehicle that has a rear window or windows
located in a movable closure (door-like) member, except for a
multipurpose passenger vehicle (designed to carry ten persons or less
and constructed either on a truck chassis or with special features for
occasional off-road operation) registered in this state and manufactured
or assembled after said date, and designated as a nineteen hundred
eighty-six or subsequent model unless such vehicle be equipped with a
rear window defogger or defroster, which shall be so located and
adjusted that its operation will give the operator of such vehicle, by
means of the mirror or other reflecting device required by subdivision
ten of this section, a view of the road and the condition of traffic
behind such vehicle.

10-d. It shall be unlawful after December thirty-first, nineteen
hundred ninety-two to operate on any public highway or street in this
state, any passenger type motor vehicle that has a rear window located
in a single movable closure (door-like) member and which has a
non-removeable top, registered in this state and manufactured or
assembled after said date, and designated as a nineteen hundred
ninety-three or subsequent model unless such vehicle be equipped with a
rear window defogger or defroster, which shall be so located and
adjusted that its operation will give the operator of such vehicle, by
means of the mirror or other reflecting device required by subdivision
ten of this section, a view of the road and the condition of traffic
behind such vehicle.

* 10-e. Every truck, tractor, and tractor-trailer or semitrailer
combination registered in this state having a gross vehicle weight
rating of twenty-six thousand pounds or more, and a conventional cab
configuration in which more than half of the engine length is forward of
the foremost point of the windshield base and the steering wheel hub is
in the forward quarter of the vehicle length, whenever operated within a
city having a population of one million or more on highways other than
controlled-access highways, shall be equipped with a convex mirror on
the front of such vehicle or combination of vehicles. When such vehicle
or combination of vehicles is being operated, such mirror shall be
adjusted so as to enable the operator thereof to see all points on an
imaginary horizontal line which: (a) is three feet above the road, (b)
is one foot directly forward from the midpoint of the front of such
motor vehicle, and (c) extends the full width of the front of such
vehicle or combination of vehicles. Provided, however, the commissioner,
in consultation with the commissioner of transportation, may promulgate
rules and regulations exempting from the requirements of this
subdivision any vehicle or combination of vehicles where such
commissioner has determined that the use of such convex mirrors would
not increase the visibility of persons or objects located directly in
front of such vehicle or combination of vehicles.

* NB Repealed upon conditions set forth in chapter 138 of 2011 § 2

11. It shall be unlawful after January first, nineteen hundred
thirty-four to operate on any public highway or street, in this state, a
motor vehicle manufactured or assembled after said date, designed or
used for the purpose of carrying passengers for hire, or as a public
conveyance to transport school children and others, unless such vehicle
be equipped with safety glass wherever glass is used in doors, windows
and windshields.

12. It shall be unlawful to operate on any public highway or street in
this state any motor vehicle registered in New York state unless such
vehicle be equipped with safety glass wherever glass is used in doors,
windows and windshields. For the purposes of this subdivision, any
device other than a trailer, which is attached to or carried upon a
motor vehicle and which lawfully can be occupied while the motor vehicle
is in motion, shall be considered a part of such motor vehicle.

12-a. (a) Every motor vehicle, except a motorcycle, when driven or
operated upon a public highway, road or street shall be equipped with a
front windshield in a fixed and more or less upright position
constructed of safety glass as defined in subdivision fourteen of this
section and required by subdivisions eleven and twelve hereof. No person
shall drive any motor vehicle with any sign or other nontransparent
material other than a certificate or paper required to be displayed by
law upon the front windshield or the sidewings or side windows on either
side forward of or adjacent to the operator's seat.

(b) No person shall operate any motor vehicle upon any public highway,
road or street:

(1) the front windshield of which is composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent unless such materials are limited to the uppermost six
inches of the windshield; or

(2) the sidewings or side windows of which on either side forward of
or adjacent to the operator's seat are composed of, covered by or
treated with any material which has a light transmittance of less than
seventy percent; or

(3) if it is classified as a station wagon, sedan, hardtop, coupe,
hatchback or convertible and any rear side window has a light
transmittance of less than seventy percent; or

(4) the rear window of which is composed of, covered by or treated
with any material which has a light transmittance of less than seventy
percent. A rear window may have a light transmittance of less than
seventy percent if the vehicle is equipped with side mirrors on both
sides of the vehicle so adjusted that the driver thereof shall have a
clear and full view of the road and condition of traffic behind such
vehicle.

(c) Any person required for medical reasons to be shielded from the
direct rays of the sun and/or any person operating a motor vehicle
belonging to such person or in which such person is an habitual
passenger shall be exempt from the provisions of subparagraphs one and
two of paragraph (b) of this subdivision provided the commissioner has
granted an exemption and notice of such exemption is affixed to the
vehicle as directed by the commissioner. The applicant for such
exemption must provide a physician's statement with the reason for the
exemption, the name of the individual with a medically necessary
condition operating or transported in the vehicle, the specific
condition involved, and the minimum level of light transmission
required. The commissioner shall only authorize exemptions where the
medical condition certified by the physician is contained on a list of
medical conditions prepared by the commissioner of health pursuant to
subdivision sixteen of section two hundred six of the public health law.
If such such exemption is granted, the commissioner shall make a record
thereof and shall distribute a sufficiently noticeable sticker to the
applicant to be attached to any window so shielded or altered pursuant
to such exemption.

(d) The commissioner may test any window for a person who has been
charged with violating this subdivision. If such window is found to be
in conformity with this subdivision, a small label attesting to the
conformity shall be affixed to the window tested.

(e) On and after January first, nineteen hundred ninety-two, no person
shall manufacture, sell, offer for sale, equip or operate a motor
vehicle in this state in violation of the provisions of this
subdivision, except that a person may operate a nineteen hundred
ninety-one or earlier model year vehicle without violating this
subdivision if the windows on said vehicle were in conformity with this
subdivision as it existed on December thirty-first, nineteen hundred
ninety-one.

(f) The commissioner shall make such rules and regulations as he shall
deem necessary to carry out the provisions of this subdivision.

(ff) Notwithstanding any other provision of this section or any other
general, special or local law, charter, administrative code, ordinance,
rule or regulation to the contrary, any person operating a motor vehicle
in a burial or funeral procession while travelling to or from a funeral,
interment or cremation may place a funeral sign no larger than eight and
one half by fourteen inches in any window of such vehicle, as long as
such sign when so placed will not prevent such person from having a
clear and full view of the road and the condition of traffic behind such
vehicle.

13. It shall be unlawful for any person, firm or corporation to
replace glass in doors, windows, or windshields of motor vehicles unless
such replacement be made with safety glass.

14. The term "safety glass" as used in this section shall be construed
to mean any product composed of glass, so manufactured, fabricated or
treated as substantially to prevent shattering and flying of the glass
when struck or broken, or such other or similar product as may be
approved by the commissioner.

15. The commissioner of motor vehicles shall maintain a list of types
of glass approved by him as conforming to the specifications and
requirements for safety glass as set forth in this section, and shall
not issue a license for or relicense any motor vehicle subject to the
provisions of subdivisions eleven and twelve unless such motor vehicle
be equipped as therein provided with such approved type of glass.

16. The owner and operator of any motor vehicle operated in violation
of the provisions of subdivisions eleven and twelve shall be guilty of a
traffic infraction. In case of the violation of such subdivisions by any
common carrier or person operating under a permit issued by the public
service commission (or other authorized body or person), said permit
shall be revoked, or, in the discretion of the commissioner, suspended
until the provisions of such subdivisions are satisfactorily complied
with.

17. Every omnibus having a seating capacity of more than ten
passengers, every truck having a maximum gross weight in excess of
twelve thousand pounds and every combination of tractor and trailer
operated upon a public highway shall carry emergency lighting equipment
ready at all times for immediate use. The equipment of the vehicle or
combination of vehicles may consist of flares of the type used by
railroads, flaring candles, torches, lanterns or red emergency
reflectors provided it is adequate to provide a warning light in all
kinds of weather both in front of and in the rear of the vehicle for at
least eight hours. No red emergency reflector shall be deemed adequate
within the meaning of this subdivision unless it is of a size and type
approved by the commissioner, and conforms to minimum specifications
established by him, which minimum shall not be less than the minimum
established by the interstate commerce commission for buses and trucks
in interstate commerce. When any such vehicle or a combination of
vehicles, except an omnibus which stops for the purpose of taking on or
discharging passengers, is parked or left standing on a public highway
except within a city or incorporated village, during the period from
one-half hour after sunset to one-half hour before sunrise, the operator
of such vehicle or combination of vehicles shall cause at least one
light, or reflector or lighted flare to be placed on the highway in
front of such vehicle or combination of vehicles, and at least one
light, reflector or lighted flare on the highway in the rear of such
vehicle or combination of vehicles at a distance of approximately one
hundred feet in the front of and at the rear of such vehicle or
combination of vehicles, provided that if such vehicle is parked or left
standing within three hundred feet of a curve, crest of hill, or other
obstruction, the flare, candle, torch, lantern, or reflector in that
direction shall be so placed as to afford ample warning to other highway
users but in no case less than approximately one hundred feet or more
than approximately three hundred feet from the stopped vehicle.

18. Except as otherwise provided herein, it shall be unlawful to
operate on any public highway or street in this state any motor vehicle,
or combination of motor vehicle and trailer, so constructed or so loaded
that the driver thereof is unable to indicate clearly by hand signals to
approaching and following traffic his intention of stopping or turning,
unless such motor vehicle or combination of vehicles shall be equipped
with directional signals approved by the commissioner, provided,
however, it shall be unlawful after January first, nineteen hundred
fifty-two to operate on any public highway or street in this state any
motor vehicle registered in this state, manufactured or assembled after
said date unless such vehicle be equipped with directional signals
approved by the commissioner. It shall also be unlawful to fail to cause
such signals to be maintained, at all times in good and sufficient
working order. The provisions of this subdivision shall not apply to
special purpose commercial motor vehicles registered under schedule F of
subdivision seven of section four hundred one of this chapter or to a
vehicle or combination of vehicles lawfully operated under registration
issued, under section four hundred fifteen of this chapter or under a
similar provision of the law of another jurisdiction.

18-a. Any motor vehicle may be equipped with and every motor vehicle
registered in this state and manufactured or assembled after June
thirtieth, nineteen hundred sixty-five, and designated as a nineteen
hundred sixty-six or subsequent year model, shall be equipped with a
device, approved by the commissioner, by means of which the operator may
cause the two front and two rear directional signals to flash
simultaneously for the purpose of warning the operators of other
vehicles of the presence of a vehicular traffic hazard requiring the
exercise of unusual care in approaching, overtaking or passing. The
provisions of this subdivision requiring that certain motor vehicles
shall be so equipped shall not apply to special purpose commercial motor
vehicles registered under schedule F of subdivision seven of section
four hundred one or to a vehicle or combination of vehicles lawfully
operated under registration issued under section four hundred fifteen.

19. It shall be unlawful for the owner to operate, park or stand a
motor vehicle or trailer on any public highway or street in this state,
or to authorize another to so operate, park or stand a motor vehicle or
trailer, with the consent of such owner, expressed or implied, unless
such motor vehicle or trailer be equipped and lighted as provided by
this section and by section three hundred seventy-six, and the
operation, parking or standing on a public highway or street in this
state of a motor vehicle or trailer which is not so equipped and lighted
or which is defectively equipped and lighted is hereby prohibited.

20. Every omnibus having a seating capacity of more than seven
passengers, used exclusively to transport pupils, teachers and other
persons acting in a supervisory capacity to and from school or school
activities, or to transport children, instructors or other persons
acting in a supervisory capacity to and from child care centers
maintained for migrant farm and food processing laborers or to transport
children, instructors or other persons acting in a supervisory capacity
to and from camp or camp activities, or to transport children,
instructors or other persons acting in a supervisory capacity to and
from religious services or instruction shall be equipped in the manner
provided by this subdivision and any such omnibus used by any state
facility or not-for-profit agency licensed by the state and used to
transport persons with disabilities, instructors or other persons acting
in a supervisory capacity may be equipped in the manner provided by this
subdivision:

(a) For each such omnibus having a seating capacity in excess of
fifteen children, there shall be colored flashing signal lamps
conforming to regulations prescribed by the commissioner on the front
and on the rear thereof, including at least one flashing red signal lamp
on the front thereof and at least one flashing red signal lamp on the
rear thereof. For each such omnibus having a seating capacity of not
more than fifteen children, there shall be colored flashing signal lamps
conforming to regulations prescribed by the commissioner facing the
front and facing the rear thereof, and at least one flashing red signal
lamp facing the front thereof and at least one flashing red signal lamp
facing the rear thereof. The driver of every such vehicle shall keep
such red signal lamps lighted whenever passengers are being received or
discharged or whenever he has stopped within fifty feet to the rear of a
vehicle with such red signal lamps lighted, and shall light all other
required signal lamps, as a warning, prior to stopping to receive or
discharge passengers in accordance with regulations prescribed by the
commissioner.

(b) (1) In addition to such signal lamps, two signs shall be
conspicuously displayed on the exterior of every such omnibus
designating it as a school omnibus by the use of the words "SCHOOL BUS"
which shall be painted or otherwise inscribed thereon in black letters.
Such letters shall be of uniform size, at least eight inches in height,
and each stroke of each letter shall be not less than one inch in width.
The background of each such sign shall be painted the color known as
"national school bus chrome." For each such omnibus having a seating
capacity in excess of fifteen children, such signs shall be securely
mounted on top of such vehicle, one of which shall be affixed on the
front and one on the rear thereof. For each such omnibus having a
seating capacity of not more than fifteen children, such signs shall be
securely mounted on top of such vehicle, one of which shall face the
front and one of which shall face the rear thereof. Each such sign shall
be visible and readable from a point at least two hundred feet distant.

(2) The universal handicapped symbol shall be conspicuously displayed
on the exterior of every omnibus equipped with a wheelchair lift which
transports children with disabilities. The commissioner shall promulgate
regulations regarding the size and location of such universal
handicapped symbol. The commissioner shall require that any new signage
relating to accessibility installed or replaced on or after the
effective date of the chapter of the laws of two thousand fourteen which
amended this subparagraph depict the logo promulgated by the secretary
of state pursuant to section one hundred one of the executive law.

(c) In the event such vehicle is operated on a public highway during
the period between one-half hour after sunset and one-half hour before
sunrise, the signs required by paragraph (b) of this subdivision shall
be illuminated as to be visible from a point at least five hundred feet
distant.

(d) Every such omnibus shall be equipped as provided in paragraphs (a)
and (b) of this subdivision, and such signs shall be displayed and
illuminated in accordance with paragraphs (b) and (c) of this
subdivision, and such signal lamps shall be operated as provided in
paragraph (a) of this subdivision at all times when such omnibus shall
be engaged in transporting pupils to and from school or school
activities or in transporting children to and from child care centers
maintained for children of migrant farm and food processing laborers, or
in transporting children to and from camp or camp activities or
transporting children to and from religious services or instruction or
transporting persons with disabilities on any such omnibus used by any
state facility or not-for-profit agency licensed by the state.

(e) Every such omnibus, having its engine located ahead of the driver,
with a seating capacity of more than twelve school children shall be
equipped with a mirror, convex in shape, at least eight inches in
diameter, firmly mounted at hood, windshield or fender-top height in
front of the bus. It shall be located on either the left or right side
of the bus in such manner that the seated driver may observe through its
use the road from the front bumper forward to the point where direct
observation is possible.

(f) The commissioner of motor vehicles is hereby authorized and
empowered to adopt and, from time to time, to amend such regulations,
not inconsistent with this subdivision, governing the color, number,
size, type, construction and use of such signal lamps and signs, as he
may deem necessary for public safety. On and after July first, nineteen
hundred fifty-one, no such signal lamp or sign shall be deemed to comply
with the requirements of this subdivision unless it is of a size and
type approved by the commissioner and unless it shall conform to the
specifications prescribed and promulgated by him.

(g) In the event, however, that such an omnibus, equipped as herein
provided, shall cease to be used to transport pupils or pupils and
teachers or children of migrant laborers and migrant child care center
instructors, or children and camp instructors, the equipment, markings
and paint, herein provided for, shall be removed and changed within
fifteen days after relicense. Nothing contained in this section,
however, shall be deemed to waive any other requirements as to
equipment, markings and paint, contained in this chapter.

(h) All the provisions of this chapter relating to school buses shall
apply with equal force and effect to buses used in transporting children
and instructors to and from child care centers maintained for children
of migrant farm and food processing laborers and to buses used in
transporting children to and from camp or camp activities and to buses
used in transporting children to and from religious services or
instruction. As used in this subdivision, camp or camp activities shall
mean day camp or day camp activities respectively.

(i) Every omnibus subject to the provisions of this subdivision shall
be operated with headlights and taillights illuminated at all times of
day or night.

(j) The commissioner of transportation, in his discretion, by
regulation or upon written request, by departmental order, for good
cause, may exempt any school bus that does not receive or discharge
passengers on or along the public highways on regularly scheduled routes
from the requirements of any or all paragraphs of subdivisions twenty
and twenty-one of this section.

(k) All omnibuses manufactured or assembled prior to April first,
nineteen hundred seventy-seven and all omnibuses manufactured or
assembled after April first, nineteen hundred seventy-seven which do not
meet federal standards for school bus safety, shall be phased out of use
beginning with the nineteen hundred ninety-six--nineteen hundred
ninety-seven school year and ending with the nineteen hundred
ninety-seven--nineteen hundred ninety-eight school year. In each of such
school years, at least one-half of such omnibuses shall be retired from
use according to the following formula: in the nineteen hundred
ninety-six--nineteen hundred ninety-seven school year, the minimum
number of such omnibuses to be phased out of each owner/operator's fleet
shall be the total number of such omnibuses divided by two and rounded
upwards to the nearest whole number. All such omnibuses remaining shall
be phased out in the nineteen hundred ninety-seven--nineteen hundred
ninety-eight school year.

Notwithstanding the foregoing provisions of this paragraph the
commissioner of education may make exceptions on a case by case basis if
a school district certifies to the commissioner of education that a
certain omnibus should not be retired for reason of economic hardship
and the commissioner of transportation determines upon inspection that
such omnibus is in good working order. In making his determination, the
commissioner of transportation shall consider, among other relevant
factors, the relative age and structure of each such omnibus. When such
determination is made, every such omnibus so certified shall be
reinspected by the commissioner of transportation once every six months.
Any school district receiving an exemption from the provisions of this
paragraph for any omnibus shall provide to the commissioner of education
an annual recertification of economic hardship.

(l)(1) Every such omnibus used on a regular basis to transport pupils
with a disability on a regularly scheduled route shall, with the written
consent of the parent, guardian, or person in a position of loco
parentis, have maintained on such omnibus the following information
about each such pupil:

(i) name;

(ii) nature of the disability; and

(iii) the name of such pupil's parent, guardian, or person in a
position of loco parentis and one or more telephone numbers where such
person can be reached in an emergency, and/or the name and telephone
number of any other person designated by such parent, guardian or person
in a position of loco parentis as a person who can be contacted in an
emergency.

(2) Such information shall be used solely for the purpose of
contacting such pupil's parent, guardian, person in a position of loco
parentis, or designee in the event of an emergency involving such pupil,
shall be kept in a manner which retains the privacy of the pupil, and
shall not be accessible to any person other than the driver or a teacher
acting in a supervisory capacity. Provided, however, that in the event
that such driver or teacher is incapacitated, such information may be
accessed by any emergency services provider for the purpose authorized
by this subparagraph.

(3) Such information shall be updated as needed, but at least once
each school year. Such information shall be destroyed if: parental
consent is revoked; the pupil no longer attends such school; or, the
disability no longer exists.

(4) For the purposes of this paragraph, the term "disability" shall
mean a physical or mental impairment that substantially limits one or
more of the major life activities of a pupil, whether of a temporary or
permanent nature.

21. Every motor vehicle having a seating capacity of more than seven
passengers, and used primarily to transport pupils or pupils and
teachers to and from school, shall be painted the color known as
"national school bus chrome."

In the event, however, such a motor vehicle so painted shall cease to
be used to transport pupils or pupils and teachers, the color of paint
herein provided for, shall be changed to another color, within fifteen
days of relicense.

21-a. In any case where a New York state police or New York city,
Albany, Buffalo, Rochester, Syracuse or Yonkers police department
vehicle is painted a distinctive color which would designate it in the
public's view as such a state or city police vehicle, the purchaser of
such vehicle shall cause the color of its paint to be altered within
fifteen days of registration.

21-b. The commissioner shall promulgate rules and regulations for the
use of two-way radios on school buses.

21-c. The commissioner, in consultation with the commissioner of
transportation, shall promulgate rules and regulations for the use of
stop-arms on school buses which shall include provisions for a second
stop-arm to be located on the driver's side as close as is practical to
the rear corner of the bus. Every school bus designed with a capacity of
forty-five persons or more, and manufactured for use in this state on or
after January first, two thousand two shall be equipped with a second
stop-arm in compliance with such regulations.

21-d. The commissioner shall promulgate rules and regulations for the
use of back up beepers on school buses.

21-e. The commissioner shall promulgate rules and regulations for the
use of front crossing arms on school buses.

21-f. The commissioner shall promulgate rules and regulations for the
use of safety sensor devices on school buses.

21-g. Every school bus manufactured for use in this state after April
first, nineteen hundred ninety, shall be equipped with back-up beepers.

* 21-h. It shall be unlawful for any motor vehicle having a seating
capacity of more than seven passengers, and used primarily to transport
pupils or pupils and teachers to and from school to be mounted with, or
have placed or installed thereon any sign, placard or other display
except as provided by law. Provided, however, that the provisions of
this subdivision shall not apply to such motor vehicles operating in a
city with a population of one million or more.

* NB There are 2 sub. 21-h's

* 21-h. (a) Every school bus manufactured for use in this state on or
after April first, two thousand, shall be equipped with exterior
reflective markings which comply with the rules and regulations
promulgated by the commissioner pursuant to paragraph (c) of this
subdivision.

(b) Every school bus used to transport ten or more passengers in this
state on or after September first, two thousand two, shall be equipped
with exterior reflective markings which comply with the rules and
regulations promulgated by the commissioner pursuant to paragraph (c) of
this subdivision.

(c) The commissioner shall promulgate rules and regulations for
exterior reflective markings required to be attached on school buses.
Such rules and regulations:

(1) shall require the rear of school buses to be marked with
reflective material to outline the perimeter of the back of the bus and
of the rear emergency exit;

(2) shall require the horizontal application of strips of reflective
material, not less than one and three-quarters inches wide, above the
rear windows, and above the rear bumper from the edges of the rear
emergency exit door to both corners of the school bus with vertical
strips of reflective material at each corner connected to the horizontal
strips;

(3) shall require the horizontal application of strips of reflective
material, not less than one and three-quarters inches wide, the entire
length of the sides of the school bus body and located equidistant
between the floorline and the beltline of the bus; and

(4) may require the marking of the front, rear or both bumpers of
school buses with reflective material between one and three-quarters and
two and one-quarter inches wide applied thereto at a forty-five degree
angle to the center line of the road surface.

* NB There are 2 sub. 21-h's

21-i. (a) (1) Every school bus manufactured on or after January first,
nineteen hundred ninety, fueled with other than diesel fuel and used to
transport three or more students who use wheelchairs or other assistive
mobility devices or with a total capacity of more than eight passengers
and used to transport students who use wheelchairs or other assistive
mobility devices shall be equipped with an engine fire suppression
system.

(2) Every school bus manufactured for use in this state on or after
September first, two thousand seven fueled with diesel fuel and used to
transport three or more students who use wheelchairs or other assistive
mobility devices or with a total capacity of more than eight passengers
and used to transport students who use wheelchairs or other assistive
mobility devices shall be equipped with an engine fire suppression
system.

(b) The commissioner of the department of transportation shall
promulgate rules and regulations establishing standards for the use of
engine fire suppression systems on school buses used to transport
students who use wheelchairs or other assistive mobility devices.

* 21-j. (a) Every school bus which is owned and operated by a school
district or which is privately owned and operated for compensation under
contract with such district may be equipped with signs, placards or
other displays giving notice to approaching motor vehicle operators that
school bus photo violation monitoring systems are in use, provided that
such school district has entered an agreement pursuant to section
twenty-two of chapter one hundred forty-five of the laws of two thousand
nineteen with a county, city, town or village which has established a
demonstration program pursuant to section eleven hundred seventy-four-a
of this chapter imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with section eleven hundred
seventy-four of this chapter. Such signs, placards or other displays
shall comply with the rules and regulations promulgated by the
commissioner pursuant to paragraph (b) of this subdivision.

(b) The commissioner shall promulgate rules and regulations for the
content, size and placement on school buses of a sign, placard or other
display, as authorized pursuant to paragraph (a) of this subdivision,
giving notice to approaching motor vehicle operators that school bus
photo violation monitoring systems are in use.

* NB Effective October 31, 2021

* NB Repealed December 1, 2024 and also upon specific provisions set
forth in chapter 325 of 2021 § 3

22. It shall be unlawful to operate a motor vehicle upon the public
highways of this state which is equipped with any glass which is so
broken, fractured or discolored as to distort visibility.

23. Every motor vehicle operated for hire upon the public highways of
this state shall be equipped with handles or other devices which shall
permit the door or doors to the passenger compartment to be readily
opened from the interior of the vehicle.

24. It shall be unlawful to operate upon any public highway in this
state a motor vehicle which is equipped with a television receiving set
within view of the operator or in which a television receiving set is in
operation within the view of the operator. A motor vehicle shall not be
deemed to be equipped with a television receiving set solely because
such set utilizes power from such vehicle. The provisions of this
subdivision shall not prohibit a vehicle with a weight of ten thousand
pounds or more or a school bus from using closed-circuit television
receiving equipment exclusively for safety and maneuvering purposes, in
accordance with regulations to be established by the commissioner.

24-a. It shall be unlawful to operate upon any public highway in this
state a motor vehicle, limited use automobile, limited use motorcycle or
bicycle while the operator is wearing more than one earphone attached to
a radio, tape player or other audio device.

25. (a) On and after the first day of January, nineteen hundred
seventy-four it shall be unlawful to operate on any public highway or
street in this state any tractor, commercial motor vehicle, combination
of a commercial motor vehicle and trailer, or combination of a
truck-tractor and semi-trailer which is not so constructed or equipped
as reasonably to bar water or other road surface substances from being
thrown by the rearmost wheels beyond the extreme rear of the vehicle or
combination of vehicles, and to minimize side spray.

(b) Unless the commercial vehicle or combination vehicle is so
designed or constructed to accomplish the objectives set forth in
paragraph (a) of this subdivision by reason of fender or body
construction or other means of enclosure, any such commercial vehicle or
combination vehicle shall be equipped, on and after January first,
nineteen hundred fifty-seven, with splash guards and stone deflectors
which shall be composed of materials substantial enough to withstand
ripping or tearing by ordinary means and withstand the action of the
elements for a reasonable length of time. Such splash guards and stone
deflectors shall also have a reasonable degree of flexibility and the
distance from the lower end thereof to the ground shall not exceed
one-third of the distance, measured along the ground, from the bottom of
the splash guard to the point of contact of the rear wheel.

(c) The commissioner of motor vehicles is hereby authorized and
empowered to make rules and regulations with respect to splash guards
and stone deflectors, their type and construction, manner of attachment
to vehicles and all other matters requisite for the proper effectuation
of the purposes of this subdivision. In making such rules and
regulations the commissioner shall be guided by the desirability of
uniformity in requirements with regard to splash guards and stone
deflectors among the several states.

(d) The provisions of this subdivision shall not apply to motor
vehicles, trailers and semi-trailers registered pursuant to subdivision
thirteen of section four hundred one of this chapter, and not operated
upon the public highways in excess of one and one-half miles by direct
route between farms or portions of farms under single or common
ownership or operation.

26. A gong or siren whistle shall not be used on any vehicle other
than an authorized emergency vehicle. This shall not be construed to
apply to a gong or siren designed and used solely as a burglar alarm on
a vehicle.

27. When a vehicle (a) has a crane, boom or other similar device
attached or (b) is loaded with any material, and such crane, boom,
device or material extends four feet or more beyond the front or rear of
such vehicle, such vehicle shall be provided with a red flag not less
than twenty-four inches square by day and a red light visible from the
rear and an amber light visible from the front for a distance of at
least five hundred feet by night on the extreme end of the extending
portion of such crane, boom, device or material.

28. No person shall operate upon a public highway a vehicle which
emits unnecessary smoke or unnecessary offensive vapors.

28-a. Except as permitted or authorized by law, no person shall
remove, dismantle or otherwise cause to be inoperative any equipment or
feature constituting an operational element of a motor vehicle's air
pollution control system or mechanism required by federal or state law
or by any rules or regulations promulgated pursuant thereto.

28-b. Except where inconsistent with federal law, every motor vehicle
registered in this state and manufactured or assembled after June
thirty, nineteen hundred sixty-three shall be equipped with a crankcase
ventilating system of a type approved by the state commissioner of
environmental conservation for the purpose of reducing the emission of
pollutants into the atmosphere. Such system shall be maintained in good
working order in continued conformity with standards promulgated by the
state commissioner of environmental conservation. For the purposes of
this subdivision the term "motor vehicle" shall exclude diesel powered
motor vehicles, motorcycles, vehicles driven by electric power and
special purpose commercial motor vehicles registered under paragraph F
of subdivision seven of section four hundred one of this chapter.

28-c. Except where inconsistent with federal law, rules and
regulations, every motor vehicle registered in this state and
manufactured or assembled after June thirty, nineteen hundred
sixty-seven and known as a nineteen hundred sixty-eight or subsequent
model shall be equipped with an air contaminant emission control system
of a type approved by the state commissioner of environmental
conservation. Such systems shall be maintained in good working order in
continued conformity with emission standards promulgated by the state
commissioner of environmental conservation. For the purposes of this
subdivision, "air contaminant emission control systems" may include, but
shall not be limited to, exhaust control systems and gasoline
evaporation control systems but shall exclude crankcase ventilating
systems.

28-d. The state commissioner of environmental conservation may exempt
or partially exempt from the provisions of subdivisions twenty-eight-b
and twenty-eight-c of this section any type or class of motor vehicle
for which no practical control systems have been developed or are
necessary.

28-e. Standards and exemptions established by the state commissioner
of environmental conservation pursuant to subdivisions twenty-eight-b,
twenty-eight-c and twenty-eight-d of this section, shall be consistent
with applicable federal laws and regulations.

28-f. (a) Except where inconsistent with federal law, rules and
regulations, in addition to any air contaminant emission control systems
required by subdivisions twenty-eight-b and twenty-eight-c of this
section, the commissioner of environmental conservation may by
regulation require the installation of exhaust emission control devices
in proper working condition on all or any vehicles of any class or
classes of gasoline powered motor vehicle having a registered maximum
gross weight in excess of six thousand pounds. The commissioner of
environmental conservation shall not promulgate any such regulation
unless he (i) has determined, with the concurrence of the commissioner,
that any such device is, or devices are, effective and reliable, (ii)
has determined that the installation of any such device on all or any
vehicles of such class or classes is necessary to the achievement of
federal ambient air quality standards pursuant to an approved air
quality implementation plan adopted pursuant to the federal clean air
act, as amended (42 U.S.C. 1857 et seq.) and (iii) has determined that
the effect of such regulation will not be diluted by the absence of a
comparable requirement in an adjoining state; provided, however, that
the effective date of the requirements of such regulation shall not be
prior to the approval or promulgation of a transportation control plan
pursuant to the Federal clean air act as amended for those portions of
adjoining states designated as the territorial areas forming parts of
the New Jersey-New York-Connecticut Interstate Air Quality Control
Region under such act and not prior to the effective date of comparable
requirements for such vehicles registered in, required to be registered
in, or operated in any such portions. Any such requirement shall take
effect with respect to any such motor vehicle as of the date of issuance
of a registration for such vehicle in the year next succeeding the date
on which the regulation requiring the installation of such a device is
promulgated by the commissioner of environmental conservation, but in no
event prior to March first, nineteen hundred seventy-six.

(b) The provisions of paragraph (a) of this subdivision shall apply
only to gasoline powered vehicles which are registered in or are
required by law to be registered pursuant to subdivision seven of
section four hundred one of this chapter in, or are regularly operated
in that portion of the state designated as the territorial area forming
part of the New Jersey-New York-Connecticut Interstate Air
Quality-Control Region under the federal clean air act, as amended (42
U.S.C. 1857 et seq.) or any part of such region.

(c) Whenever a motor vehicle registered pursuant to subdivision seven
of section four hundred one of this chapter is not required by a
regulation promulgated pursuant to this subdivision, to have an exhaust
emission control device installed in accordance with this subdivision,
the applicant for registration for any such motor vehicle shall be
required to file a statement as prescribed by the commissioner in
conjunction with such registration that such motor vehicle is not
required to have such a device. A false statement in relation to such
exemption shall constitute a material false statement in an application
for registration.

(d) A notation on the registration for a vehicle and an identifying
sticker on the vehicle, both of which indicate that such vehicle is
required to have an exhaust emission control device shall be presumptive
evidence that such device in proper working condition is required on
that vehicle pursuant to paragraph (a) of this subdivision.

(e) The rules and regulations promulgated pursuant to paragraph (a) of
this subdivision shall contain provisions necessary or appropriate to
implement this subdivision, including the definition of terms and
exemptions for motor vehicles registered in areas from which no
substantial numbers of motor vehicles are regularly operated in the
portion of the state referred to in paragraph (b) of this subdivision.

(f) No registered owner shall permit a motor vehicle, required to have
an exhaust emission control device in proper working condition pursuant
to the provisions of this subdivision, to be operated in the portion of
the state to which this subdivision is applicable, unless such vehicle
is equipped with an approved exhaust emission control device in proper
working condition. Every person convicted of a violation of this
paragraph shall for a first violation thereof with respect to a
particular motor vehicle be punished by a fine of seven hundred fifty
dollars. Such fine may not be waived, suspended or in any other manner
not levied, except that four hundred fifty dollars of such fine may be
waived upon presentation of acceptable evidence prior to the final
determination of the violation that the device required pursuant to
paragraph (a) of this subdivision has been installed on the vehicle and
is in proper working condition. Every person convicted of a second or
subsequent violation with respect to a particular vehicle shall be
punished by a fine of seven hundred fifty dollars, which fine may not be
waived, suspended or in any other manner not levied.

29. (a) A motor vehicle shall not be used to tow more than one other
vehicle.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the following vehicles or combination of vehicles are
permitted to be operated in New York state:

1. Municipal garbage or ash collecting systems consisting of three
vehicles;

2. A tow truck or wrecker being used to tow a disabled tractor
semitrailer combination;

3. A tractor being used to tow a semitrailer and trailer outside the
city of New York or counties of Nassau and Suffolk or on any qualifying
highway or access highway within the city of New York or counties of
Nassau or Suffolk;

3-a. A tractor semitrailer-semitrailer combination of vehicles where
the two semitrailers are connected by a B-train assembly and such
combinations of vehicles is operated outside the city of New York or
counties of Nassau and Suffolk or on any qualifying highway or access
highway within the city of New York or counties of Nassau or Suffolk;

4. Subject to rules and regulations of the commissioner of
transportation, a combination of an automotive powered cab and truck
chassis being used to tow two such additional vehicles in double
saddle-mount fashion, each mounted upon a device designed and
constructed so as to be readily dismountable and which performs the
function of a conventional fifth wheel, so that while all the wheels of
the towing powered chassis touch the roadway, only the wheels on the
rear axle of each of the towed vehicles are in contact with the roadway;
and

5. Subject to rules and regulations of the commissioner of
transportation, a combination of an automotive powered cab and truck
chassis being used to tow three such additional vehicles in triple
saddle-mount fashion on a qualifying or access highway, each mounted
upon a device designed and constructed so as to be readily dismountable
and which performs the function of a conventional fifth wheel, so that
while all the wheels of the towing powered chassis touch the roadway,
only the wheels on the rear axle of each of the towed vehicles are in
contact with the roadway.

(c) No vehicle shall be towed by a rope or other non-rigid connection
which is longer than sixteen feet.

(d) A motor vehicle being towed by a rope or other non-rigid
connection must have a licensed driver in such motor vehicle who shall
steer it when it is being towed.

29-a. No vehicle or mobile equipment shall be towed with the use of a
dolly unless the dolly, vehicle or mobile equipment is secured to the
towing vehicle by safety chains or cables which will prevent the dolly,
vehicle or mobile equipment from separating from the towing vehicle and
the towed vehicle or mobile equipment is securely fastened to the dolly.
Dolly shall mean a multi-wheel device utilized to raise a part of a
towed vehicle or mobile equipment while it is being towed by another
vehicle.

30. It shall be unlawful for any person to operate a motor vehicle
with any object placed or hung in or upon the vehicle, except required
or permitted equipment of the vehicle, in such a manner as to obstruct
or interfere with the view of the operator through the windshield, or to
prevent him from having a clear and full view of the road and condition
of traffic behind such vehicle.

31. Mufflers and exhaust systems. Prevention of noise. Every motor
vehicle, operated or driven upon the highways of the state, shall at all
times be equipped with an adequate muffler and exhaust system in
constant operation and properly maintained to prevent any excessive or
unusual noise and no such muffler or exhaust system shall be equipped
with a cut-out, bypass, or similar device. No person shall modify the
muffler or exhaust system of a motor vehicle in a manner which will
amplify or increase the noise emitted by the motor or exhaust system of
such vehicle above that emitted by the muffler or exhaust system
originally installed on the vehicle and such original muffler and
exhaust system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle
plates, or other mechanical design for the purpose of receiving exhaust
gas from an internal combustion engine, and effective in reducing noise.

An exhaust system is a series of mechanical devices for the purpose of
receiving exhaust gas from an internal combustion engine and expelling
it into the atmosphere.

31-a. No person shall, in the state, sell, install or use a motorcycle
exhaust device without internal baffles, known as "straight pipes".

31-b. No person shall, in the state, sell, install or use a motorcycle
exhaust device that is intentionally designed to allow for the internal
baffling to be fully or partially removed or interchangeable. This
subdivision shall not apply to a motorcycle manufactured or assembled
prior to nineteen hundred seventy-nine or a motorcycle registered as a
limited use vehicle or an all terrain vehicle pursuant to article
forty-eight-A or forty-eight-B of this chapter.

32. The violation of any of the provisions of this section with
respect to adequate brakes except those relating to emergency or hand
brakes shall constitute a misdemeanor and the violation of any of the
other provisions of this section, including those relating to emergency
or hand brakes, shall be punishable by a fine not exceeding one hundred
fifty dollars or by imprisonment for not exceeding thirty days, or by
both such fine and imprisonment, except as herein otherwise provided.

33. The provisions of this section shall not apply to fire and police
vehicles, self-propelled combines, self-propelled corn and hay
harvesting machines, farm type tractors used exclusively for
agricultural purposes or for snow plowing other than for hire, and
self-propelled caterpillar or crawler-type equipment while being
operated on the contract site except when reference is specifically made
to such vehicle.

34. Any motor vehicle may be equipped with and every passenger vehicle
registered in this state and manufactured or assembled after January
first, nineteen hundred sixty-nine, shall be equipped with at least one
back-up light. Such light shall display a white light to the rear when
the ignition switch is energized and reverse gear is engaged. Such light
shall not be lighted when the motor vehicle is in forward motion.

35. Tires. (a) The commissioner may establish standards for the
manufacture, regrooving or retreading of tires which are produced or
sold in this state, and for the use of tires on vehicles operated in
this state.

(b) No tire shall be manufactured, distributed, offered for sale or
sold in this state if it does not comply with the standards established
by the commissioner pursuant to paragraph (a) of this subdivision. A
violation of this paragraph shall be punishable as a misdemeanor.

(c) No person shall operate a motor vehicle or a trailer on a public
highway if such vehicle is equipped with tires that do not meet the
standards established by the commissioner pursuant to paragraph (a) of
this subdivision.

35-a. It shall be unlawful to operate a motor vehicle or trailer
equipped with tires having metal objects protruding from the tire tread
upon any public highway. The prohibition contained in this section shall
not apply to pneumatic tires containing metal type studs, the diameter
of which studs inclusive of the stud casing does not exceed
three-eighths of an inch and which do not protrude beyond the tread
surface of such tires more than three thirty-seconds of an inch and the
contact area of which does not exceed three-fourths of one per cent of
the total nominal contact area of said tires determined by multiplying
the circumference of the outer most edge of tread times the tread width,
except that no vehicle equipped with such tires, other than school buses
and state or municipally-owned vehicles, may operate on a public highway
during the period from the first day of May to the fifteenth day of
October, inclusive.

36. (a) (i) The slow-moving vehicle emblem as developed by the
American Society of Agricultural and Biological Engineers shall be
recognized as the official state slow moving vehicle emblem. The
commissioner of motor vehicles shall adopt standards and specifications
for design, creation and use, in conformance with those recommendations
of the American Society of Agricultural and Biological Engineers for the
size, design and mounting of said slow-moving vehicle emblem.

(ii) The commissioner shall adopt standards and specifications for
design, creation and use, in conformance with those recommendations of
the American Society of Agricultural and Biological Engineers standard
which meets the criteria of the American National Standards
Institute/American Society for Testing and Materials S584 for the size,
design and mounting of a speed identification symbol. A speed
identification symbol shall indicate the maximum speed in miles per hour
at which the unit of farm machinery, implement of husbandry and other
machinery including road construction and maintenance machinery to which
it is mounted is designed by its manufacturer to operate.

(b) (i) Farm machinery and implements of husbandry and other machinery
including road construction and maintenance machinery designed to
operate at twenty-five miles per hour or less, traveling on a public
highway during day or night, whether self-propelled or used in
combination, shall each separately display a slow-moving vehicle emblem
as specified in paragraph (a) of this subdivision.

(ii) (A) Farm machinery and implements of husbandry and other
machinery including road construction and maintenance machinery designed
to operate at a speed greater than twenty-five miles per hour but less
than forty miles per hour, traveling on a public highway during day or
night, whether self-propelled or used in combination, shall each
separately display a slow-moving vehicle emblem and a speed
identification symbol as specified in paragraph (a) of this subdivision.

(B) If an agricultural tractor that is designed by its manufacturer to
operate at a speed greater than twenty-five miles per hour but not
greater than forty miles per hour is being operated on a street or
highway at a speed greater than twenty-five miles per hour but less than
forty miles per hour and is towing, pulling, or otherwise drawing a unit
of farm machinery, the unit of farm machinery shall display a
slow-moving vehicle emblem and a speed identification symbol that is the
same as the speed identification symbol that is displayed on the
agricultural tractor.

(C) When an agricultural tractor is designed by its manufacturer to
operate at a speed greater than twenty-five miles per hour but less than
forty miles per hour is being operated on a street or highway at a speed
greater than twenty-five miles per hour, the operator shall possess some
documentation published or provided by the manufacturer indicating the
maximum speed in miles per hour at which the manufacturer designed the
agricultural tractor to operate.

(c) The use of such emblem and symbol shall be in addition to any
lighting devices, flags or other equipment required by law. Such emblem
and symbol shall be used only on farm machinery and implements of
husbandry on road construction and maintenance machinery, and on such
other vehicles, machinery and equipment as may be specified in
regulations issued by the commissioner. All use shall be in accordance
with such regulations. Use of such emblem as a clearance marker or on
stationary objects on the highways is prohibited.

37. The commissioner shall promulgate rules and regulations
prescribing appropriate cautionary devices to be affixed to motor
vehicles engaged in retail sales of frozen desserts directly to
consumers which shall include, but not be limited to, front crossing
arms to be activated only when such vehicle is stopped and its occupants
are engaged in such retail sales. Such rules and regulations shall be
designed to warn oncoming vehicles of the likelihood of pedestrians in
or about the vicinity of such sales oriented motor vehicles. No person
shall engage in the retail sale by motor vehicle of frozen desserts
directly to consumers in violation of the rules and regulations
promulgated by the commissioner. As used in this subdivision, "frozen
desserts" shall mean ice cream, frozen custard, French ice cream, French
custard ice cream, artificially sweetened ice cream, ice milk,
artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water
ices, non-fruit water ices, quiescently frozen confection, quiescently
frozen dairy confection, manufactured desserts mix, frozen confection,
mellorine frozen dessert, parevine, frozen yogurt, freezer made shakes,
freezer made milk shakes, lo-mel, and dietary frozen dessert as all such
products are commonly known, together with any mix used in such frozen
desserts and any products which are similar in appearance, odor or taste
to such products, or are prepared or frozen as frozen desserts are
customarily prepared or frozen, whether made with dairy products or
non-dairy products.

39. Every motor vehicle registered in this state and manufactured or
assembled after October first, nineteen hundred sixty-four shall be
equipped with a defrosting device, in good working order, for the
purpose of preventing the formation of snow or ice on the windshield
directly in front of the operator. For the purposes of this subdivision
the term "motor vehicle" shall exclude motorcycles, tractors used
exclusively for agricultural purposes, self-propelled combines,
self-propelled harvesting machines and farm equipment and self-propelled
caterpillar or crawler-type equipment while being operated on the
contract site.

40. Stop lamps. (a) Every motor vehicle, except a motorcycle, operated
or driven upon the public highways of the state, if manufactured prior
to January first, nineteen hundred fifty-two, shall be equipped with at
least one stop lamp which shall display a red to amber light visible at
least five hundred feet from the rear of the vehicle when the brake of
such vehicle is applied.

(b) Every motor vehicle, except a motorcycle, operated or driven upon
the public highways of the state, if manufactured on or after January
first, nineteen hundred fifty-two, shall be equipped with at least two
stop lamps, one on each side, each of which shall display a red to amber
light visible at least five hundred feet from the rear of the vehicle
when the brake of such vehicle is applied.

41. Colored and flashing lights. The provisions of this subdivision
shall govern the affixing and display of lights on vehicles, other than
those lights required by law. 1. No light, other than a white light, and
no revolving, rotating, flashing, oscillating or constantly moving white
light shall be affixed to, or displayed on any vehicle except as
prescribed herein.

2. Red lights and certain white lights. One or more red or combination
red and white lights, or one white light which must be a revolving,
rotating, flashing, oscillating or constantly moving light, may be
affixed to an authorized emergency vehicle, and such lights may be
displayed on an authorized emergency vehicle when such vehicle is
engaged in an emergency operation, and upon a fire vehicle while
returning from an alarm of fire or other emergency.

3. Amber lights. a. One or more amber lights may be affixed to a
hazard vehicle, and such a light or lights which display an amber light
visible to all approaching traffic under normal atmospheric conditions
from a distance of five hundred feet from such vehicle shall be
displayed on a hazard vehicle when such vehicle is engaged in a
hazardous operation. Such light or lights shall not be required to be
displayed during daylight hours provided at least two red flags visible
from a distance of five hundred feet are placed both in or on the front
of, and to or on the rear of the vehicle and two such flags are placed
to each side of the vehicle open to traffic. Such lights or flags need
not be displayed on the vehicle when the vehicle is operating, or
parked, within a barricaded work area and said lights or flags are
displayed on the barricade. The provisions of this subdivision shall not
prohibit the temporary affixing and display of an amber light to be used
as a warning on a disabled motor vehicle or on a motor vehicle while it
is stopped on a highway while engaged in an operation which would
restrict, impede or interfere with the normal flow of traffic.

b. In any city in this state having a population of one million or
more, one amber light may be affixed to any motor vehicle owned or
operated by a volunteer member of a civilian or crime patrol provided
such volunteer civilian or crime patrol member has been authorized in
writing to so affix an amber light by the police commissioner of the
municipality in which he patrols, which authorization shall be subject
to revocation at any time by the police commissioner who issued the same
or his successor in office. Such amber light may be operated by such
volunteer civilian or crime patrol member in such a vehicle only when
engaged in a patrol operation as defined and authorized by rules and
regulations promulgated by the police commissioner and only in such a
manner and at such times as may be authorized by the police commissioner
pursuant to said rules and regulations.

4. Blue light. a. One blue light may be affixed to any motor vehicle
owned by a volunteer member of a fire department or on a motor vehicle
owned by a member of such person's family residing in the same household
or by a business enterprise in which such person has a proprietary
interest or by which he or she is employed, provided such volunteer
firefighter has been authorized in writing to so affix a blue light by
the chief of the fire department or company of which he or she is a
member, which authorization shall be subject to revocation at any time
by the chief who issued the same or his or her successor in office. Such
blue light may be displayed exclusively by such volunteer firefighter on
such a vehicle only when engaged in an emergency operation. The use of
blue lights on vehicles shall be restricted for use only by a volunteer
firefighter except as otherwise provided for in subparagraphs b and b-1
of this paragraph.

b. In addition to the red and white lights authorized to be displayed
pursuant to paragraph two of this subdivision, one or more blue lights
or combination blue and red lights or combination blue, red and white
lights may be affixed to a police vehicle, fire vehicle, ambulance,
emergency ambulance service vehicle, and county emergency medical
services vehicle provided that such blue light or lights shall be
displayed on a police vehicle, fire vehicle, ambulance, emergency
ambulance service vehicle, and county emergency medical services vehicle
for rear projection only. In the event that the trunk or rear gate of a
police vehicle, fire vehicle, ambulance, emergency ambulance service
vehicle, and county emergency medical services vehicle obstructs or
diminishes the visibility of other emergency lighting on such vehicles,
a blue light may be affixed to and displayed from the trunk, rear gate
or interior of such vehicles. Such lights may be displayed on a police
vehicle, fire vehicle, ambulance, emergency ambulance service vehicle,
and county emergency medical services vehicle when such vehicles are
engaged in an emergency operation. Nothing contained in this
subparagraph shall be deemed to authorize the use of blue lights on
police vehicles, fire vehicles, ambulances, emergency ambulance service
vehicles, and county emergency medical services vehicles unless such
vehicles also display one or more red or combination red and white
lights as otherwise authorized in this subdivision.

b-1. In addition to the amber light authorized to be displayed
pursuant to paragraph three of this subdivision, one or more blue lights
or combination blue and amber lights may be affixed to a hazard vehicle
designed for the towing or pushing of disabled vehicles provided that
such blue light or lights shall be displayed on such a hazard vehicle
for rear projection only. Such blue light or lights may be displayed on
a hazard vehicle designed for the towing or pushing of disabled vehicles
when such vehicle is engaged in a hazardous operation and is also
displaying the amber light or lights required to be displayed during a
hazardous operation pursuant to paragraph three of this subdivision.
Nothing contained in this subparagraph shall be deemed to authorize the
use of blue lights on hazard vehicles designed for the towing or pushing
of disabled vehicles unless such hazard vehicles also display one or
more amber lights as otherwise authorized in this subdivision.

c. The commissioner is authorized to promulgate rules and regulations
relating to the use, placement, power and display of blue lights on a
police vehicle, fire vehicle, and hazard vehicle designed for the towing
or pushing of disabled vehicles.

5. Green light. One green light may be affixed to any motor vehicle
owned by a member of a volunteer ambulance service, or on a motor
vehicle owned by a member of such person's family, or by a business
enterprise in which such person has a proprietary interest or by which
he is employed, provided such member has been authorized in writing to
so affix a green light by the chief officer of such service as
designated by the members thereof. Such green light may be displayed
exclusively by such member of a volunteer ambulance service only when
engaged in an emergency operation. The use of green lights on vehicles
shall be restricted for use only by a member of a volunteer ambulance
service as provided for in this paragraph.

As used in this paragraph volunteer ambulance service means: a. a
non-profit membership corporation (other than a fire corporation)
incorporated under or subject to the provisions of the membership
corporations law, or any other law, operating its ambulance or
ambulances on a non-profit basis for the convenience of the members
thereof and their families or of the community or under a contract with
a county, city, town or village pursuant to section one hundred
twenty-two-b of the general municipal law; or

b. an unincorporated association of persons operating its ambulance or
ambulances on a non-profit basis for the convenience of the members and
their families or of the community.

6. The commissioner is authorized to promulgate regulations with
respect to the affixing and display of colored lights and to promulgate
specifications with respect to such lights.

7. The provisions of this subdivision forty-one shall not be
applicable to vehicles from other states or from the Dominion of Canada
which have entered this state to render police, fire or civil defense
aid, or ambulance service, while such vehicles are here or are returning
to their home stations if the lights on such vehicles comply with the
laws of their home states or the Dominion of Canada and are displayed in
this state in the same manner permitted by their home states or the
Dominion of Canada, nor shall the provisions of this subdivision
forty-one be deemed to amend, supersede or in any manner affect the
provisions of the New York state defense emergency act as now in force
or as it may be amended from time to time.

8. The provisions of this subdivision shall not be applicable to the
driver of a vehicle from another state or foreign jurisdiction which
vehicle has colored lights affixed but not revolving, rotating,
flashing, oscillating or constantly moving if the lights on such vehicle
comply with the laws of the state or home foreign jurisdiction in which
the vehicle is registered.

42. Every motor vehicle registered in this state which is manufactured
or assembled on or after September first, nineteen hundred eighty and
operated or driven upon the highways of the state shall be equipped with
a speedometer device which is capable of measuring the speed of such
vehicle and displaying the same in miles per hour.

43. No dealer shall sell a motor vehicle or a trailer which is to be
registered in this state unless such motor vehicle or trailer has all
the equipment required for operation on the public highways of this
state.

44. Driver education vehicles. Any motor vehicle used for the purpose
of driving instruction for hire or for driver education by a school and
being operated by a person receiving such instruction or education shall
bear identification, visible to both oncoming and following traffic, to
indicate that the vehicle is being driven by a student driver. The
commissioner may establish standards for such identification.

45. Hydrocarbon gas powered vehicles. It shall be unlawful to operate
upon any public highway or street in this state a motor vehicle that
uses hydrocarbon gas as its primary or secondary fuel supply, unless the
motor vehicle conspicuously displays a reflective placard designed to
alert emergency personnel to the extraordinary hazards which may arise
from proximity with this fuel. The commissioner shall, in cooperation
with the state fire administrator, establish regulations as to the
location and design of this warning placard.

46. Tamper-resistant odometers or speedometers. It shall be unlawful
after July first, nineteen hundred ninety-one for any person, firm,
association or corporation to sell or offer for sale in this state a new
motor vehicle which is to be registered in this state and which was
manufactured or assembled on or after such date, and designed as a
nineteen hundred ninety-two or later model, unless such vehicle is
equipped with a tamper-resistant odometer or speedometer designed with
the intent to reduce the likelihood of unlawful tampering with the
mileage reading thereon.

The commissioner shall promulgate such rules and regulations relative
to tamper-resistant odometers and speedometers on motor vehicles and the
approval of the same as are not inconsistent with the provisions of
federal law, if any, relating thereto. Such rules shall, at a minimum,
require odometers and speedometers which indicate mileage with a minimum
of six digits exclusive of digits indicating fractions of a mile. This
section shall not apply to motorcycles.

47. (a) It shall be unlawful for any person to operate or cause to be
operated, an audio amplification system which is operated in, installed
in or powered by a vehicle which generates an A-weighted sound level in
excess of seventy dB (A) measured at, or adjusted to, a distance of
twenty-five feet from the vehicle which is driven, standing, or parked
on a public highway, or within one hundred feet of a public highway
unless that system is being operated to request assistance or warn of a
hazardous situation. This section shall not apply to authorized
emergency vehicles or vehicles operated by gas, electric, communications
or water utilities. This section shall not apply to the sound systems of
vehicles used for advertising, or in parades, political or other special
events, except that the use of sound systems on those motor vehicles may
be prohibited by a local authority by ordinance or local law.

(b) Any person convicted of a violation of this section shall for a
first conviction thereof be punished by a fine of up to one hundred
fifty dollars; for a conviction of a second violation, both of which
were committed within a period of eighteen months, such person shall be
guilty of a traffic infraction and shall be punished by a fine of not
less than one hundred fifty dollars and not more than three hundred
dollars; upon conviction of a third or subsequent violation, all of
which were committed within a period of eighteen months, such person
shall be guilty of a traffic infraction and shall be punished by a fine
of not less than three hundred seventy-five dollars and not more than
seven hundred fifty dollars.

48. Bumpers or similar devices. (a) For the purposes of this
subdivision, the following terms shall have the following meanings:

(i) Bumper. A system, the primary function of which is to provide
protection against damage affecting front or rear external lamps, body
parts and vehicle occupants during low speed impacts.

(ii) Passenger car. A motor vehicle whose body style is a sedan,
hardtop, coupe, convertible, station wagon or hatchback but not a van,
minivan, multipurpose passenger vehicle, truck, tractor, motorcycle or
bus.

(b) No person shall operate a passenger car registered in New York
unless it is equipped with both a front and rear bumper, each securely
fastened and with some part of the bumper located between sixteen inches
and twenty inches above the ground. This provision shall not apply to a
vehicle registered as an historical vehicle.

(c) Except insofar as paragraph (b) of this subdivision shall apply,
no person shall operate a motor vehicle designated as a nineteen hundred
ninety or newer model year vehicle, which is registered in this state,
except a motorcycle or special purpose commercial vehicle registered
under schedule F of subdivision seven of section four hundred one of
this chapter, which is so constructed that the body has a clearance at
the front end of more than thirty inches from the ground when empty,
unless the front end of the vehicle is equipped with bumpers or devices
serving similar purposes which shall be so constructed and located that
(i) some part of the bumpers or devices must be at least sixteen but not
more than thirty inches above the ground with the vehicle empty; (ii)
the maximum distance between the closest points between bumpers or
devices, if more than one is used, shall not exceed twenty-four inches;
(iii) the maximum transverse distance from the widest part of the motor
vehicle at the front to the bumper or device shall not exceed eighteen
inches; and (iv) the bumpers or devices shall be substantially
constructed and firmly attached. A motor vehicle constructed and
maintained so that the body, chassis, or other parts of the vehicle
afford the front end protection contemplated shall be deemed to be in
compliance with this section.

(d) Except insofar as paragraph (b) of this subdivision shall apply,
no person shall operate a motor vehicle or a combination of vehicles,
designated as a nineteen hundred ninety or newer model year vehicle,
except a tractor, pole trailer, vehicle engaged in saddle-mount
operation, motorcycle or special purpose commercial vehicle registered
under schedule F of subdivision seven of section four hundred one of
this chapter, if the motor vehicle is registered in this state, and
which is so constructed that the body, or the chassis assembly without
the body, has a clearance at the rear end of more than thirty inches
from the ground when empty, unless the rear end of the vehicle or
combination of vehicles is equipped with bumpers or devices serving
similar purposes which shall be so constructed and located that: (i)
some part of the bumpers or devices must be at least sixteen but not
more than thirty inches above the ground with the vehicle empty; (ii)
the maximum distance between the closest points between bumpers, or
devices, if more than one is used, shall not exceed twenty-four inches;
(iii) the maximum transverse distance from the widest part of the motor
vehicle at the rear to the bumper or device shall not exceed eighteen
inches; (iv) the bumpers or devices shall be located not more than
twenty-four inches forward of the extreme rear of the vehicle; and (v)
the bumpers or devices shall be substantially constructed and firmly
attached. Motor vehicles constructed and maintained so that the body,
chassis, or other parts of the vehicle afford the rear end protection
contemplated shall be deemed to be in compliance with this section.

49. Truck warning lights. (a) Every truck registered in this state
and manufactured or assembled after September first, nineteen hundred
ninety-two, which has a bed capable of being tilted or lifted by
controls that are located within the cab of such truck and which is
operated upon any public highway or street in this state shall be
equipped with a warning light in its cab that is activated whenever the
bed of the truck is elevated.

(b) Every tractor registered in this state and manufactured or
assembled after September first, nineteen hundred ninety-three, which is
used primarily for the towing of a trailer capable of being tilted or
lifted and which is operated upon any public highway or street in this
state shall be equipped with a warning light in its cab that is
activated whenever the trailer is elevated.

50. Taxicab partitions and shields. Every taxicab registered in this
state and registered or licensed by a city, town or village of
seventy-five thousand persons or more pursuant to section one hundred
eighty-one of the general municipal law shall be equipped with (a)
partitions or shields made of plexiglass or other shatterproof material
located between and effectively separating the front and rear seats, and
(b) amber colored distress lights, mounted on and clearly visible to
passersby from the front and rear of the taxicab; provided, however,
that the requirements of this subdivision shall not apply to taxicabs
registered or licensed by such city, town or village which elects not to
be subjected to the requirements of this subdivision pursuant to a duly
enacted or adopted local law, ordinance or regulation. Nothing contained
herein shall be construed to restrict the power of a city, town or
village which elects not to be subject to the requirements of this
subdivision to adopt or enforce a local law, ordinance or regulation
regarding the use of taxicab partitions and distress lights.

* 51. Taxicab, livery and stretch limousine notices. (a) Every
taxicab, livery, and altered motor vehicle commonly referred to as a
"stretch limousine" which was altered on or after January first, two
thousand twenty-one or retrofitted pursuant to subdivision one-a of
section three hundred eighty-three of this article registered in this
state shall have posted therein the following notice: "Seatbelts must be
available for your use. You must buckle up, it's the law."

(b) The notices required to be posted pursuant to paragraph (a) of
this subdivision shall be posted in a manner legible and conspicuous to
passengers in all seating positions of such vehicles. Provided, however,
that in addition to the requirements of this paragraph, such notices
posted within taxis and liveries subject to registration and licensing
by cities having a population of one million or more shall also be
provided in the top two designated citywide languages as such term is
defined in section 23-1101 of the administrative code of the city of New
York.

* NB Repealed upon notification that any federal agency determines in
writing that chapter 10 of 2020 would render New York state ineligible
for the receipt of federal funds or any court of competent jurisdiction
finally determines that said chapter would render New York state out of
compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 51. Taxicab and livery notices. (a) Every taxicab and livery
registered in this state shall have posted therein the following notice:
"Seatbelts must be available for your use. Please buckle up."

(b) The notices required to be posted pursuant to paragraph (a) of
this subdivision shall be posted in a manner legible and conspicuous to
passengers in all seating positions of such vehicles.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

52. No police vehicle owned by the state, a public authority, a
county, town, city or village shall be sold unless, prior to such sale,
such vehicle is decommissioned and any distinctive markings and affixed
lights which would designate it in the public's view as such a police
vehicle have been removed. The commissioner of the division of criminal
justice services, in consultation with the commissioner, shall
promulgate rules and regulations determining the specifications for
decommissioning police vehicles and for the removal of such distinctive
markings and affixed lights prior to sale.

53. Federal motor vehicle safety standard certification label. No
person shall, with intent to defraud, knowingly remove, deface, destroy,
cover, alter, or otherwise change the form or appearance of a federal
motor vehicle safety standard certification label, issued in accordance
with section 30115 of title 49 of the United States Code and part 567 of
title 49 of the code of federal regulations, on an altered motor
vehicle. No person shall, with intent to defraud, affix to an altered
motor vehicle a federal motor vehicle safety standard certification
label except in accordance with section 30115 of title 49 of the United
States Code and part 567 of title 49 of the code of federal regulations.
A violation of this subdivision shall be punishable as a misdemeanor.

* 54. Stretch limousine commercial GPS. (a) Every stretch limousine
registered in this state shall be equipped with commercial global
positioning system (GPS) technology within no later than one year of the
date upon which the national highway traffic safety administration
promulgates final regulations establishing standards for commercial GPS.

(b) It shall be unlawful to operate or cause to be operated a stretch
limousine registered in this state on any public highway or private road
open to public motor vehicle traffic unless such stretch limousine is
equipped with commercial global positioning system (GPS) technology as
required by this subdivision and such commercial global positioning
system (GPS) technology is used. The presence in such stretch limousine
of commercial global positioning system (GPS) technology connected to a
power source and in an operable condition is presumptive evidence of its
use by any person operating such stretch limousine. Such presumption may
be rebutted by any credible and reliable evidence which tends to show
that such commercial global positioning system (GPS) technology was not
in use.

(c) For the purposes of this subdivision:

(i) "Stretch limousine" shall mean an altered motor vehicle having a
seating capacity of nine or more passengers, including the driver,
commonly referred to as a "stretch limousine" and which is used in the
business of transporting passengers for compensation; and

(ii) "Commercial global positioning system (GPS) technology" shall
mean global positioning system (GPS) technology which has been
specifically designed to assist in the navigation of commercial motor
vehicles.

* NB Repealed upon notification that any federal agency determines in
writing that chapter 11 of 2020 would render New York state ineligible
for the receipt of federal funds or any court of competent jurisdiction
finally determines that said chapter would render New York state out of
compliance with federal law or regulation (see chapter 11 of 2020 § 3)