N.Y. Comp. Codes R. & Regs. tit. 17 § 721.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 721.4 - Safety precautions

(a) Driver assurance of passenger protection. Prior to or during the transporting of passengers, the driver shall ensure that the following are accomplished:

(1) The required pre-trip inspection report and road worthiness check of the vehicle is completed and potential safety defects are identified. Such a check shall include the items listed in section 721.2(b) of this Part.

(2) If any safety defects are discovered, they shall be reported to the operator or duly authorized representative. The vehicle shall not transport passengers until each safety defect noted is corrected.

(3) All doors, rear tailgates and rear transom windows are closed securely and remain closed while the vehicle is in motion.

(4) There is not any glass in a window or elsewhere on the vehicle which is so broken, fractured, discolored as to distort visibility or which may cause injury to a passenger or the driver.

(5) The vehicle is never left unattended while in service until the emergency brake is securely set and all other reasonable precautions have been taken to prevent movement of the vehicle.

(6) No vehicle carrying passengers is pushed, towed or used to push or tow any other vehicle.

(7) A vehicle shall not be fueled while the engine is running and no smoking or flames shall be permitted in or about the vehicle during fueling operations and until all fumes have dissipated.

(8) Combustible materials are not carried in the passenger compartment. Reserve fuel for the propulsion of the vehicle or for the operation of accessories may only be carried in a properly mounted fuel tank(s).

(9) While driving a vehicle, no driver shall engage in any unnecessary conversation or other activities that could distract his/her attention from the operation of such vehicle.

(10) Passengers shall not be permitted to stand in any location so as to obstruct the driver's vision to the front and sides while a vehicle is in motion.

(11) The passenger section shall be kept in a clean, sanitary condition and aisles shall not be obstructed while the vehicle is in service. Baggage, freight or other property shall not be carried in the aisle or so as to interfere with passenger seating space, safety or comfort. Such property may be carried in suitable baggage compartments or racks.

(b) Protection of standees. In addition to satisfying the aisle and marking requirements of sections 720.4, 720.5 and 720.8 of this Title, every vehicle in which passengers are permitted to stand shall have:

(1) a gate of a type approved by the department at the entrance to the main aisle, or a permanent marking in contrasting color at least two inches wide extending across the main aisle from the rear edge of the front stepwell to the rear of the driver's seat;

(2) a conspicuous sign displayed on the front interior which clearly states that passengers are not permitted to stand forward of the marking, gate or turnstile, as may be applicable, while the bus is in motion. Lettering shall be at least one and one-half inches high; and

(3) suitable handrails, handholds or stanchions, and grabhandles on cross seats, unless overhead baggage racks provide a suitable handhold.

(c) Pre-service brake test. The service and emergency brakes of every vehicle subject to Part 720 of this Title shall be tested before the vehicle is placed in service. If the brakes are not in a safe operating condition, the vehicle shall NOT be operated on a public highway.

(d) Safe operating condition. The body, chassis, engine and all safety related equipment shall be in proper adjustment and safe operating condition at all times the vehicle is driven on the public roadways.

(e) Brakes. All service and emergency brakes shall be maintained in an efficient operating condition and be capable of stopping and holding a vehicle as specified in this section.

(1) The service and emergency brakes of every vehicle subject to Part 720 of this Title shall be tested before the vehicle is placed in service.

(2) No vehicle shall be operated in the State with any portion of the service or emergency brake system or warning devices not functioning either as designed or in a safe operating condition.

(f) Out-of-service vehicles. Operators of vehicles placed "out-of-service" by a department inspector or law enforcement official shall abide by the specific conditions of any such "out-of-service" order issued pursuant to Part 720 of this Title.

(g) School vehicle signs and red signal lamps. The driver of every school vehicle shall keep such red signal lamps lighted whenever passengers are being received or discharged, 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 New York State Department of Motor Vehicles (DMV) pursuant to 15 NYCRR. In the event that any such school vehicle is operated on a public highway during the period between one-half hour after sunset and one-half hour before sunrise, the driver shall keep the school vehicle signs lighted.

(h) Dual driver control vehicles. Passengers shall not be carried in the front seat of a motor vehicle equipped with dual driver controls, unless such controls are disconnected and floor pedals removed.

(i) Trailers. Under no circumstances shall a trailer be attached to a vehicle being used in the transportation of passengers.

(j) Electric wheelchairs. If electric wheelchairs are carried on the vehicle, dry cell or jelly type batteries are recommended to enhance passenger safety. If wet cell type batteries are used, provisions shall be made to contain battery and battery acid in the event of an accident.

(k) Fuel leaks. If gasoline or any other flammable liquid or combustible liquid or gas seeps or leaks from a fuel container or vehicle stopped on a highway, no emergency warning signal producing a flame shall be lighted or placed, except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion. The reflective triangles required under section 720.7(b) of this Title shall be used in such instances.

(l) Emissions and vapors. The exhaust system of each vehicle shall not emit unnecessary smoke or offensive vapors and shall be maintained in good working order in conformity with standards promulgated by the New York State Department of Environmental Conservation (DEC) pursuant to 6 NYCRR. Vehicles which emit unnecessary smoke or offensive vapors shall not be operated on a public highway. DEC may exempt or partially exempt from these provisions any type or class of motor vehicle for which no practical control system has been developed or is necessary.

(m) Tires. No vehicle shall be operated on a tire(s) that has:

(1) fabric exposed through the tread or sidewall;

(2) a bump, bulge or knot related to separation or partial failure of the tire structure;

(3) a fabric break or cut in excess of one inch in any direction measured on the outside of the tire and depth enough to reach the body cords, or has been repaired temporarily by the use of blowout patches or boots;

(4) a portion of the tread design completely worn where such worn portion is of sufficient size to affect the traction and stopping ability of the tire. The term worn portion shall mean such portion of sufficient size which exceeds in length the tread surface of the tire that contacts the road surface when the vehicle is in a standing position with the proper air inflation of the tire and/or tread is cupped in a manner that appropriate water dispersion will not take place for the average tread depth;

(5) a tread groove pattern depth of less than two thirty-seconds of an inch (four thirty-seconds of an inch for vehicles with a GVWR of 10,000 lbs. or more on steering axle) when measured in a major tread groove. The measurement shall not be made where tie bars, humps or fillets are located; and

(6) re-grooved, recapped or re-treaded tires on the front wheels of any bus, unless such vehicle is operated solely in city service.

Note:For the purpose of defining tread depth and special mileage commercial tires, the following definitions shall apply:

Note:

(i) Tread depth. The amount of tread design on the tire. Tread depth includes both original, retread and recapped tread design, and with respect to special mileage commercial tires, re-cut, re-grooved and siped tread design.

Note:

(ii) Special mileage commercial tires. A tire manufactured with an extra layer of rubber between the cord body and original tread design which is designed for the purpose of re-cutting or re-grooving and is specifically labeled as a special mileage commercial tire.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 721.4