N.Y. Comp. Codes R. & Regs. tit. 17 § 181.1

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

Section 181.1 - Definitions of words and phrases

(a) Unless otherwise expressly stated, whenever used in this Subchapter, the following terms shall respectively mean and include each of the meanings set forth:

(1) Authority. A public benefit corporation created by chapter 649 of the Laws of 1960, as amended, and known as the East Hudson Parkway Authority. With the abolition of the East Hudson Parkway Authority by chapter 370 of the Laws of 1979, as of November 1, 1979, the Department of Transportation of the State of New York.

(2) Authorized emergency vehicle. Every ambulance, police vehicle and fire vehicle.

(i) Ambulance. Every motor vehicle designed, appropriately equipped and used for the purpose of carrying sick or injured persons.

(ii) Police vehicle. Every vehicle owned by the State, a public authority, a county, town, city or village, and operated by the police department or law enforcement agency of such governmental unit. Any other vehicle operated by a chief or deputy or assistant chief of a police department, a sheriff, undersheriff or regular deputy sheriff. A vehicle owned and operated by the law enforcement unit of a public or private corporation authorized by law to maintain a unit for the enforcement of law on the property of such corporation shall be a police vehicle only for the purposes of this section.

(iii) Fire vehicle. Every vehicle operated for fire service purposes owned and identified as being owned by the State, a public authority, a county, town, city, village or fire district, or a fire corporation subject to the provisions of subdivision 1 of section 112 of the Membership Corporations Law, or a fire company as defined in section 100 of the General Municipal Law. Any of the following vehicles shall be fire vehicles only for the purpose of this section:

(a) a vehicle operated by officials of the division of fire safety in the Office for Local Government of the Executive Department;

(b) a vehicle ordinarily operated by a chief or assistant chief of a fire department, or a county or deputy county fire coordinator, or county or assistant county fire marshal, or such vehicle when operated in an official capacity by or under the direction of such person; and

(c) a vehicle owned by a person, which is recognized and certified by the director of such division of fire safety as being maintained for the purpose of fire-fighting on premises owned or occupied by such person.

(iv) Emergency operation. The operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, pursuing an actual or suspected violator of the law, or responding to, or working or assisting at the scene of, an accident, disaster, police call, alarm of fire or other emergency. Emergency operation shall not include returning from such service.

(3) Bicycle. Every device propelled by the feet acting upon pedals, having wheels any two of which are each more than 20 inches in diameter.

(4) Bridle path. Any path or trail passable to or designated for horseback riding.

(5) Bus. Every motor vehicle used for transportation of persons that is designed for carrying more than 14 passengers, or has more than four tires, or that exceeds 9 feet in height from underside of tire to the top of the vehicle, 7 feet in width or 19 feet in length.

(6) Chauffeur. Any person who drives a bus, taxicab, tractor-trailer combination or a truck-trailer combination, and any person who drives a truck having a maximum gross weight in excess of 18,000 pounds.

(7) City, town or village. Any city, town or village within which any portion of the parkway system is located.

(8) Commercial vehicle. Every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise and motor coaches carrying passengers; including trailers and semitrailers and tractors when used in combination with trailers and semitrailers, and excepting such vehicles as are run only upon rails or tracks.

(9) Crosswalk. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway between the curbs or, in the absence of curbs, between the edges of the traversible roadway, or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

(10) Curb. A vertical or sloping member along the edge of a roadway clearly defining the pavement edge.

(11) Drive. Any road, street, avenue, roadway or boulevard maintained for vehicular use on the parkway system, including the parts thereof under or over any bridge in the parkway system.

(12) Driver. Every person who drives or is in actual physical control of a vehicle.

(13) Driveway. Every entrance or exit used by vehicular traffic to or from lands or buildings abutting a highway.

(14) Equestrian. One who rides on horseback.

(15) Explosives. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(16) Flammable liquid. Any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.

(17) Hazard vehicle. Every vehicle owned and operated by a utility, whether public or private, used in the maintenance and repair of its facilities, every vehicle specially equipped or designed for the towing or pushing of disabled vehicles, and every vehicle engaged in highway maintenance, or in ice and snow removal where such operation involves the use of a public highway.

(i) Hazardous operation. The operation, or parking, of a vehicle on or adjacent to a public highway while such vehicle is actually engaged in an operation which would bring such vehicle within the definition of a hazard vehicle.

(18) Highway. The entire width between the boundary line of every way or parkway publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(19) House coach. Any vehicle motivated by a power connected therewith or propelled by a power within itself, which is or can be used as the home or living abode or habitation of one or more persons, either temporarily or permanently. In the application of these regulations to house coaches, a house coach propelled by a power within itself shall be deemed a motor vehicle, a house coach motivated by a power connected therewith shall be deemed a trailer, and all house coaches shall be deemed vehicles.

(20) Intersection.

(i) The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(ii) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

(21) Laned roadway. A roadway which is divided into two or more clearly marked lanes for vehicular traffic.

(22) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(23) Motor-driven cycle. Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.

(24) Motor vehicle. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power except (i) electrically driven invalid chairs being operated or driven by an invalid, (ii) vehicles which run only upon rails or tracks, and (iii) snowmobiles as defined in article 8 of the Environmental Conservation Law. For the purposes of this section, the term motor vehicle shall exclude fire and police vehicles.

(25) One-way drive. Any drive whereon traffic is restricted to proceeding in one direction.

(26) Operator. Any person, other than a chauffeur, who operates or drives a motor vehicle or a motorcycle upon any public highway.

(27) Owner. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle or motorcycle having the exclusive use thereof, under a lease or otherwise, for a period greater than 30 days.

(28) Park or parking. The standing of a vehicle, whether occupied or not.

(29) Parking place. Any part of any drive or space in the parkway system designated as a place for standing of vehicles.

(30) Parkway police officer. Any member of the New York State Police or Westchester County parkway police assigned to the enforcement of the rules and regulations of the authority and the Vehicle and Traffic Law pursuant to section 460 of the Public Authorities Law, as amended.

(31) Parkway system. All real property under the jurisdiction and/or control of the department.

(32) Pedestrian. Any person on foot.

(33) Permit. Any document or letter issued by or under the direction of the department, permitting the performance of a specified act or acts.

(34) Person. Every natural person, firm, copartnership, association or corporation.

(35) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively.

(36) Rule or regulation. Any rule or regulation duly adopted and published as provided by chapter 649 of the Laws of 1960 and section 1630 of the Vehicle and Traffic Law, and as amended.

(37) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at al times while set apart as a safety zone.

(38) School bus. Every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities or privately owned and operated for the transportation of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities that is designed for carrying more than 14 passengers, or has more than four tires, or that exceeds 9 feet in height from underside of tire to the top of the vehicle, 7 feet in width or 19 feet in length.

(39) Semitrailer. Any trailer which is so designed that, when operated, the forward end of its body or chassis rests upon the body or chassis of the towing vehicle.

(40) Stand or standing. The stopping of a vehicle, whether occupied or not.

(41) Stop. When required, means complete cessation from movement.

(42) Stop or stopping. When prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a parkway police officer, department employee or traffic control sign or signal.

(43) Taxicab. A motor vehicle having a seating capacity for passengers of not more than seven persons, in addition to the driver, and used in the business of transporting passengers for compensation.

(44) Tractor. A motor vehicle designed and used for drawing a semitrailer.

(45) Traffic. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

(46) Traffic control devices. All signs, signals, markings and devices placed or erected by the department for the purpose of regulating, warning or guiding traffic.

(47) Traffic control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

(48) Trailer. Any vehicle not propelled by its own power drawn on the public highways by a motor vehicle as defined in this section, except motorcycle sidecars, vehicles being towed by a nonrigid support and vehicles designed and primarily used for other purposes and only occasionally drawn by such a motor vehicle.

(49) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property; provided, however, that a pickup truck or a van which is legally registered as a passenger vehicle and which has passenger license plates shall not be deemed to be a truck.

(50) Vehicle. Every device in, upon or, by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(51) Hearse. A station wagon type vehicle equipped for transporting a coffin or remains of a deceased person.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 181.1