New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter III - New York State Thruway Authority
Subchapter A - Use And Occupancy Of The Thruway System
Part 102 - Limitations On Use Of Thruway System
Section 102.1 - Prohibited uses of the Thruway
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 102.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Use of the Thruway system by the following is prohibited at all times, with the noted exceptions:
(1) Pedestrians, except on
the Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's
shared use path when such sidewalks and/or shared use path are not closed or
otherwise prescribed at the sole discretion of the Thruway Authority.
(2) Bicycles with or without motors, bicycles
with electric assist, limited use motorcycles and limited use vehicles, except
bicycles without motors or bicycles with electric assist are permitted on the
Grand Island Bridges sidewalks and on the Governor Mario M. Cuomo Bridge's
shared use path when such sidewalks and/or shared use path are not closed or
otherwise prescribed at the sole discretion of the Thruway Authority.
(3) Vehicles drawn by animals.
(4) Animals led, ridden or driven on the
hoof.
(5) Vehicles with metal tires
or solid tires worn to metal, and vehicles with caterpillar treads.
(6) Farm implements and farm machinery, when
self-propelled or towed.
(7)
Vehicles loaded with animals or poultry not properly confined.
(8) Vehicles with deflated pneumatic tires;
also vehicles with tires in such condition that they are, in the judgment of
the employees of the Thruway Authority or State Police, unsafe for use upon the
Thruway system.
(9) Vehicles in
such condition that they are, in the judgment of the employees of the Thruway
Authority or State Police, unsafe for use upon the Thruway system. The burden
of proof of the safe condition of such vehicles shall be upon the operators of
such vehicles.
(10) Vehicles with
improperly secured loads.
(11)
Vehicles transporting loose materials, unless covered with a tarpaulin or other
cover or suitable device capable of preventing the dislodgment and falling of
such materials or any portion hereof by vehicle movement, or wind or
combination thereof; provided that this paragraph shall not apply to Thruway
Authority-owned vehicles.
(12)
Vehicles, including any load thereon, exceeding the maximum allowable
limitations of section
385 of
the Vehicle and Traffic Law. Compliance with the limitations of this paragraph
and paragraph (13) of this subdivision shall constitute a license to vehicles
to use the Thruway system without the necessity of undergoing investigations
designed to protect Thruway traffic and facilities. Special hauling permits for
other vehicles, including tandem trailers exceeding the maximum allowable
limitations of section
385 of
the Vehicle and Traffic Law, issued by the Thruway Authority for appropriate
terms and only after investigation, shall similarly constitute a license to use
the Thruway system, subject to compliance with special equipment and operating
requirements, and such other conditions as have been or may hereafter be
established by the Thruway Authority.
(13) Vehicles for which special hauling
permits have not been issued by the Thruway Authority, and which exceed the
maximum allowable limitations of section
385 of
the Vehicle and Traffic law.
(14)
Vehicles in tow by rope or other nonrigid connection.
(15) In addition to all other provisions of
this Chapter, no disabled vehicle may be serviced or repaired on the Governor
Mario M. Cuomo Bridge between mileposts 13.15 and 16.18, except with special
permission of the Thruway Authority or the State Police. In the absence of such
permission, disabled vehicles will be immediately removed from the said bridge
by Thruway Authority forces to designated parking areas.
(16) Disabled vehicles in tow, except for
saddle-mounted vehicles, or disabled vehicles being pushed, except under the
following conditions:
(i) Vehicles which
become disabled and must be removed by towing or pushing, shall be so removed
to the nearest exit (or another exit, if authorized by the Thruway Authority or
the State Police) by an emergency service vehicle from an authorized emergency
service garage; provided, however, that trucking and bus company vehicles which
become disabled and must be removed by towing or pushing may also be so removed
to the nearest exit by a properly equipped towing vehicle from a company-owned
and operated service unit, or an agency operating under contract with the
subject company whose vehicle is disabled; provided, however, that a vehicle
disabled on the Governor Mario M. Cuomo Bridge between mileposts 13.15 and
16.18 shall be removed only by Thruway Authority forces and such other forces
as shall be specifically requested by the Thruway Authority.
(ii) The provisions of this subparagraph
shall not apply to any properly equipped vehicle with a disabled intact
passenger vehicle, tractor, straight truck or bus in tow, provided that the
towed vehicle is fastened to the towing vehicle with a rigid connection, and is
considered safe for travel on the Thruway, as required by paragraph (9) of this
subdivision, and provided further, that the operator of the towing vehicle
obtains a road service permit before entry.
(17) Vehicles carrying explosives found in
division 1.1-1.3 as defined in United States Department of Transportation
regulations title 49, Code of Federal Regulations section 175.53 as amended
December 21, 1990, except under such procedures as may be adopted by the
Thruway Authority board, and as thereafter amended, from time to time, by the
Thruway Authority's department of operations with the approval of the chairman.
Department of Transportation regulations shall mean those safety regulations of the United States Department of Transportation which are included in parts 100-185 and parts 390-397 of title 49, amended August 28, 2001, Code of Federal Regulations, and sections 5101-5127 of title 49 U.S.C. chapter 51, amended October 31, 1994, which deal with motor carrier safety and the transportation of explosives and other dangerous articles by motor carriers by highway.
(18) Vehicles
carrying radioactive materials except when authorized through the Thruway
Authority's department of operations.
(19) Saddle-mounted vehicles, except those
which comply in all respects, including the equipment and operation thereof,
with the provisions of part 193 of title 49 of the Code of Federal Regulations,
including, but not limited to, sections 193.17 and 193.71 thereof, as it may
from time to time be amended, which part is hereby incorporated herein and made
a part hereof with the same force and effect as if fully set forth
herein.
(20)
(i) No plane shall be allowed to take off in
flight from any portion of the Thruway system except under special permit
issued in advance by the Thruway Authority's director of operations on payment
of a fee of $300. Such permit shall be issued only after a careful review of
field conditions, including, but not limited to, weather, road conditions,
traffic densities and geographical configuration, indicates that such takeoff
can be made safely. Applicant shall furnish evidence of adequate insurance to
fully protect the Thruway Authority and shall hold the Thruway Authority
harmless from any and all claims that may arise from this operation.
(ii) Where the plane is to be removed from
the Thruway system by means other than takeoff in flight, such operation shall
be permitted only after investigation and subject to compliance with any
special equipment or operating requirements and such other conditions as have
been or may hereafter be established by the Thruway Authority. Such permission
will be subject to the payment of a $100 charge.
(iii) The landing of planes on the Thruway
system shall be governed by the provisions of sections
245 and
246 of the
General Business Law.
(iv) As used
in this paragraph, the term planes means any contrivance, now or hereafter
invented, for flight in the air, except a parachute or other contrivance
designed for use, and carried primarily for safety equipment.
(21) Snowmobiles ; provided,
however, that the Thruway Authority's executive director or his or her designee
is authorized to waive this prohibition for the use of snowmobiles in a storm
emergency to aid Thruway patrons.
(b) It shall be a duty of the employees of the Thruway Authority, in addition to the members of the Division of State Police, to enforce the provisions of this section, and all persons shall comply with the orders of such employees and officers given to prevent the use of or entry on the Thruway system for any of the aforesaid forbidden purposes.
(c) Notwithstanding the foregoing, the Thruway Authority's executive director or his or her designee is authorized, at his or her discretion, to waive any or all of the provisions of section 102.1 of this Part or issue publicly available guidelines to establish further restrictions or requirements for use of the Thruway system or any part thereof.
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