Title 34: Department of Transportation

Chapter 1: Ferry Terminals and Vessels

§ 1-01 Definitions.

Commissioner. “Commissioner” means the Commissioner of Transportation or his/her designee, or any successor in function to the Commissioner of any successor agency thereof.

Department. “Department” means the Department of Transportation of the City of New York and any successor agency thereof.

Ferry. “Ferry” means any vessel that transports passengers or vehicles pursuant to a regular schedule in either direction between the Borough of Manhattan and the Borough of Staten Island and is owned and operated by the City of New York.

Manager. “Manager,” with respect to the terminals (as defined herein), means the Chief Operating Officer, Executive Director of Safety and Security, Director of Terminal Operations, Director of Ferry Operations, Facility Security Officer, Ferry Terminal Manager, Safety Manager, Security Inspector and Ferry Terminal Supervisor as designated by the Department to exercise the powers and functions vested in him/her by these rules in either terminal, and his/her duly designated representatives, and, with respect to the ferries, means the Captain designated by the Department of Transportation to exercise the powers and functions vested in him/her by these rules and general maritime law aboard any ferry, and his/her duly designated representatives.

Motor vehicle. “Motor vehicle” means any automobile, truck, bus, motorcycle, moped, or other vehicle that is propelled by any power other than muscular power.

Owner. “Owner” means any person owning, operating, or having the use of a vehicle (as defined in § 159 of the New York Vehicle and Traffic Law), bicycle or any other personal property.

Permission. “Permission” means permission or authorization granted by the Commissioner or Manager except where otherwise specifically provided.

Permit. “Permit” means, unless otherwise herein provided, any written authorization issued by or under the authority of the Commissioner or Manager for a specialized privilege, permitting the performance of a specified act or acts in the terminals or on the ferries.

Person. “Person” means any natural person, corporation, society, organization, incorporated or unincorporated association, form, or partnership, and shall include any assignee, receiver, trustee, executor, administrator or similar representative appointed by a court, and shall mean the United States of America or any political subdivision thereof, or any foreign government or political subdivision thereof.

Person with a Disability. A person with a disability is an individual with a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Personal audio device. “Personal audio device” means a portable sound reproduction device as normally and customarily used for personal purposes, including but not limited to a personal radio, phonograph, television receiver, tape recorder, cassette player, compact disc player, or mp3 player.

Police officer. “Police officer” means any member of the Police Department of the City of New York and any person designated as a peace officer pursuant to section 2.10 of the New York State Criminal Procedure Law when acting pursuant to his/her special duty in or at the terminals or on the ferries.

Rule. “Rule” means, unless otherwise herein provided, any rule promulgated pursuant to § 2903(c) of the New York City Charter and in compliance with the requirements of Chapter 45 of the New York City Charter.

Service animal. A “service animal” is any animal that is specifically trained to provide assistance to a person with a disability.

Sound reproduction device. “Sound reproduction device” means any device intended primarily for the production or reproduction of sound, including, but not limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, or electronic sound amplifying system.

Storage. “Storage” means the use of space on the ferries or in the ferry terminals to keep materials or possessions.

Terminals. “Terminals,” used in the plural, includes both the ferry terminal located at Whitehall Street in the Borough of Manhattan and the ferry terminal located at St. George in the Borough of Staten Island. “Terminals” shall also include the other ferry terminals and landings owned and/or operated by the Department. Each terminal may also be referred to herein by its specific location, in which case “terminal” shall mean only the terminal referred to. Each terminal may have a different Manager. “Terminal” includes areas approaching the ferry slips and all other city-owned real property upon which the terminal building is situated, and the surrounding grounds thereof as designated on the city map.

§ 1-02 Prohibited Uses.

(a) Gambling prohibited. No person shall gamble or conduct or engage in any game of chance in the terminals or on the ferries unless such game of chance is permitted by local, state or federal law and has been approved by the Commissioner.
  1. Defacing or damaging terminals or ferries or property therein prohibited. No person shall deface, mark, break, or otherwise damage any part of the terminals or ferries or any property thereat. No person shall remove, alter or deface any barricade, fence or sign in the terminals or on the ferries.
  2. Creation of obnoxious odors, noxious gases, smoke or fumes prohibited. No person shall create, or permit any vehicle or machine of which he/she is in charge to create obnoxious odors, noxious gases, or excessive smoke or fumes in the terminals or on the ferries.
  3. Bathing prohibited. No person shall bathe, shower, shave, launder or change clothes or remain undressed in any public restroom, sink, washroom or any other area in the terminals or on the ferries.
  4. Smoking or carrying lighted cigars, cigarettes, pipes, etc. in certain areas prohibited. No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any naked flame in areas of the terminals or ferries where smoking is prohibited by the Department or by law, ordinance, rules or regulations of the United States government, the State of New York or the City of New York.
  5. Noxious conduct. No person shall urinate or defecate in any part of the terminals or ferries other than in a urinal or toilet intended for that purpose. No person shall spit upon the public surfaces of the terminals or ferries including the floors and furniture.
  6. Lying down prohibited; sitting restricted. No person shall lie down in any place, including benches or seating facilities, within the terminals or on the ferries. No person shall be seated in the terminals or on the ferries except upon seating facilities provided for that purpose. No person shall occupy more than one seat. No person shall place personal belongings on seating facilities so as to interfere with their use by other persons.
  7. No skateboarding, rollerskating, rollerblading or bicycle riding. No person shall skateboard, roller skate, roller blade or ride a bicycle, scooter or any other vehicle or device except a wheelchair or other similar device used to assist a person with a disability and/or required for transit on or through any part of the terminals or ferries. Bicycles and non-motorized scooters must be walked through the terminals and ferries.
  8. Noise. No person shall make, continue, cause or permit to be made or continued any unreasonable noise in the terminals or on the ferries. Unreasonable noise shall mean any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities, or which causes injury to plant or animal life, or damage to property or business. Unreasonable noise shall include, but shall not be limited to sound that exceeds the following prohibited noise levels:

   (1) Sound attributable to the source measured at a level of 7dB(A) or more above the ambient sound level at or after 10:00 p.m. and before 7:00 a.m., as measured at any point within a receiving property, as defined in § 24-203 of the Administrative Code of the City of New York, or as measured at a distance of 15 feet or more from the source in a terminal or on a ferry.

   (2) Sound attributable to the source measured at a level of 10dB(A) or more above the ambient sound level at or after 7:00 a.m. and before 10:00 p.m., as measured at any point within a receiving property, as defined in § 24-203 of the Administrative Code of the City of New York, or as measured at a distance of 15 feet or more from the source in a terminal or on a ferry.

   (3) Sound attributable to a personal audio device with personal earphones such that sound from such earphones is plainly audible to another individual at a distance of five feet or more from the source.

  1. Disorderly behavior. No person shall engage in disorderly behavior in the terminals or on the ferries, such as, but not limited to the following:

   (1) fighting or assaulting any person; or

   (2) interfering with, encumbering, obstructing or rendering dangerous any part of the ferry or terminal; or

   (3) obstructing pedestrian or vehicular traffic; or

   (4) climbing upon any wall, fence, shelter or any structure not specifically intended for climbing purposes; or

   (5) engaging in any form of sexual conduct, as that term is defined in § 130.00 of the New York State Penal Law; or

   (6) engaging in a course of conduct or committing acts that endanger the safety of others; or

   (7) engaging in any other course of conduct or committing acts disruptive to crew members, which obstructs or impairs their ability to carry out their duties; or

   (8) engaging in any other course of conduct or committing acts against other passengers, which disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities; or which causes injury to plant or animal life, or damage to property or business.

  1. Controlled substances. No person shall possess, distribute, sell or solicit or consume any controlled substance or marihuana, as those terms are defined in § 220.00 of the New York State Penal Law, on any ferry or in any terminal.
  2. Loitering. No person shall engage in loitering as defined in §§ 240.36 or 240.37 or subdivisions 2,4, 5 or 6 of § 240.35 of the New York State Penal Law on any ferry or in any terminal.
  3. Unlawful exposure. No person shall appear in public on any ferry or in any terminal in such a manner that his/her genitalia are unclothed or exposed.
  4. Fishing. No person shall fish from any ferry or terminal.

§ 1-03 Regulated Uses.

(a) Permission to use terminals and ferries is conditional. Any permission granted by the Department directly or indirectly, expressly or by implication, to any person to enter upon or use the terminals or ferries, or any part thereof, is conditioned upon acceptance of and compliance with this chapter, as from time to time may be amended, and entry upon or into the terminals or ferries by any person shall be deemed to constitute an agreement by such person to comply with such rules; provided, further, that such rules shall apply to premises or spaces occupied or used under the provisions of a written agreement made with the Department unless provision is made therein that such rules do not apply.
  1. Permits.

   (1) When any provision of this section requires a permit as a condition to the performance of an act or activity, no such act or activity shall be implemented or commenced prior to the receipt of written authorization from the Commissioner.

   (2) A permit may be granted upon such terms and conditions as the Commissioner shall reasonably impose and shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof.

   (3) Permits shall be applied for on forms prepared and provided by the Department, which forms shall require such information as the Department may deem appropriate for the review and evaluation of the permit application. Applications must be received at least two business days prior to the requested date of the act or activity.

   (4) No person shall conduct any activity for which a permit is required unless:

      (i) such permit has been issued;

      (ii) all terms and conditions of such permit have been complied with; and

      (iii) the permit is kept on site, so it is available for inspection by Department employees or a police officer.

   (5) Upon application, the Commissioner may deny a permit if:

      (i) an applicant was previously granted a permit and on that prior occasion, knowingly violated a material term or condition of the permit, these rules or applicable law;

      (ii) the date, time, and/or location requested have been previously allotted; or

      (iii) the issuance of the permit would cause the existence of a dangerous condition or a condition that would interfere with operations or traffic in the terminals or on the ferries.

   (6) If a permit application is denied, the applicant may, within three business days of such denial, appeal the determination by written request filed with the designated appeals officer who may reverse, affirm or modify the original determination and provide a written explanation of his or her finding. However, if a permit application is denied three business days or less prior to the requested date of the act or activity, the applicant shall have one day from the date such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal as soon as is reasonably practicable.

   (7) The Commissioner may, after giving the permittee reasonable notice and an opportunity to be heard, revoke or refuse to renew a permit (i) for failure to comply with the terms and conditions of such permit, these rules or other applicable law in carrying out the activity for which the permit was issued; (ii) whenever there has been any false statement or any misrepresentation as to material fact in the permit application or accompanying documents upon which the issuance of the permit is based; or (iii) whenever a permit has been issued in error contrary to paragraph 5 of subdivision b of this section.

   (8) The Commissioner may delay or postpone the issuance of any permit or may temporarily suspend any permit already granted in the event of emergencies, such as snowstorms, traffic accidents, power failures, transportation strikes or other conditions which affect the traffic flow in any of the areas covered by the permit such that conduct of the activities would create a dangerous condition or would interfere with traffic in the terminals or on the ferries.

  1. Use of terminals or ferries may be denied persons violating laws or rules. The Manager shall have the authority to deny use of the terminals or ferries to any individual violating Department rules or laws, ordinances or regulations of the United States government, the State of New York, or the City of New York, which relate to conduct in public places or in the terminals or the ferries.
  2. Restricted areas and times. Permission to enter certain areas of the terminals or ferries is restricted as follows:

   (1) No person, except a person assigned to duty therein or a police officer, shall enter, without permission, any area of the terminals or ferries posted as being restricted to the public. If permission to enter a restricted area is granted, such permittee shall be monitored and/or escorted at all times in accordance with the Maritime Transportation Security Act.

   (2) In the event that portions of the terminals are closed to all members of the general public, any person shall, when entering or remaining in such portions of the terminals, exhibit such authorization as shall be prescribed by the Commissioner. Effective September 25, 2008 and in accordance with the Maritime Transportation Security Act, all individuals in restricted areas must display at all times a Transportation Worker Identification Credential or other authorized identification credential, including those issued to police officers.

  1. Unattended property.

   (1) No person shall leave any property unattended in the terminals or on the ferries.

   (2) Unattended property will be removed and transferred to the Staten Island Ferry’s Lost and Found.

   (3) Bicycles shall be stowed at the designated bicycle areas. Bicycles left on racks at the terminal for longer than 48 hours shall be deemed abandoned and will be removed and may be transferred to the Property Clerk of the New York City Police Department or other appropriate location.

   (4) Owners of reclaimed property may be assessed a removal and/or storage fee.

  1. Distribution of commercial printed materials. No person shall, for commercial purposes, post, distribute or display signs, advertisements, circulars or printed or written material in the terminals or on the ferries without having been granted a permit by the Commissioner.
  2. Distribution of noncommercial printed material and carrying of placards. No person shall engage in the noncommercial distribution of leaflets, the setting up of card tables to aid in that distribution, the carrying of placards or the posting or displaying of noncommercial signs in the terminals or on the ferries without having been granted a permit by the Commissioner. No person shall distribute leaflets or other materials by leaving them unattended in the terminals or on the ferries.
  3. Distribution of food, clothing, packages, or other non-printed items. No person shall engage in the distribution of any food, clothing, packages, or any other non-printed items, or in the setting up of card tables to aid in that distribution in the terminals or on the ferries without having been granted a permit by the Commissioner. No person shall distribute such items by leaving them unattended in the terminals or on the ferries.
  4. Sale of merchandise, solicitation of trade, entertainment or solicitation of contributions.

   (1) No person, unless duly authorized by the Commissioner shall, in or upon any area, platform, stairway, waiting room, appurtenance, or any other area of the terminals or ferries,

      (i) sell or offer for sale any article of merchandise, or

      (ii) solicit any business, service or trade, including the carrying of baggage for hire or the shining of shoes.

   (2) No person shall engage in (i) the entertainment of persons by singing, dancing or playing any musical instrument or (ii) the solicitation of contributions in the terminals or on the ferries without having been granted a permit by the Commissioner.

  1. Assemblies, meetings, exhibitions.

   (1) No person shall hold or sponsor any assembly, meeting, exhibition or other event without written approval from the Commissioner or his/her designee. A gathering of 10 or more people shall constitute an assembly or meeting.

   (2) No person shall erect any structure, stand, booth, platform or exhibit in connection with any assembly, meeting, exhibition or other event without written approval from the Commissioner or his/her designee.

  1. Refuse to be deposited in appropriate receptacles. No person shall throw, discharge or deposit trash, garbage, waste, oil or other petroleum products or any other waste material into the harbor or into or upon any portion of the terminals or ferries except by depositing such material in receptacles provided therefor. The placement of all such receptacles shall be subject to the approval of the Manager. No person shall remove refuse or other material from such receptacles except as authorized by the Manager.
  2. Animals barred. No person, except a police officer or another person authorized by the Manager, shall enter the terminals or ferries with any animal except a service animal or an animal properly restrained for transport subject to the discretion of the Manager. No person shall feed any animal, including unconfined squirrels and birds, within the terminals or on any ferry.
  3. Passage through boarding doors restricted. No person shall pass through the boarding doors to the ferries except:

   (1) persons employed by or doing business with a concessionaire whose duties require such passage;

   (2) authorized representatives of the Department of Transportation;

   (3) persons having permission;

   (4) police officers;

   (5) firefighters and emergency medical technicians employed by the New York City Fire Department; and

   (6) passengers immediately prior to boarding a ferry or immediately after leaving a ferry.

  1. Photography or filming.

   (1) For purposes of this subdivision, “photography or filming” shall include the taking of photographs; the making of motion pictures; the use and operation of television cameras, transmitting television equipment, or radio remotes; or load-ins or load-outs supporting indoor performances.

   (2) A permit from the Mayor’s Office of Film, Theatre and Broadcasting (MOFTB) and a separate permit from the Commissioner are both required in circumstances under which a permit from MOFTB is required by its rules.

   (3) As is the case with photography or filming on City streets, sidewalks or other pedestrian passageways, a permit is not required in those instances where a handheld device (with or without a tripod) is used, except when the use of such handheld device (with or without a tripod) unreasonably interferes with the use of the ferry terminal or ferry. For purposes of this subdivision, “unreasonable interference” means the assertion of exclusive use by any means, including physical or verbal, of an area that consists of a radius greater than five feet from where the individual engaged in photography or filming is located. Where such exclusive use is asserted, the individual engaged in photography or filming shall obtain a permit from the Commissioner.

   (4) For purposes of this subdivision, standing in a ferry terminal or on a ferry while using a handheld device (with or without a tripod) and not otherwise asserting exclusive use by any means, including physical or verbal, of an area that consists of a radius greater than five feet from where the individual engaged in photography or filming is located, is not activity that requires a permit from MOFTB or the Commissioner.

  1. Fire. No person shall cook, light a fire or otherwise create a fire in any part of the terminals or ferries, except as authorized by the Commissioner.
  2. Alcoholic beverages. No person shall drink or carry any open alcoholic beverage in any part of the terminals, except on the premises of a concession or retail establishment duly licensed for the sale of alcoholic beverages if permitted therein by the concessionaire or leasee. Alcoholic beverages may be purchased and consumed from the concessionaire aboard a ferry in accordance with all federal, state and local laws and rules. It shall be a violation of these rules for any person to enter and/or remain in the terminals and/or aboard a ferry under the influence of alcohol, to the degree that he or she may endanger himself or herself, other persons or property, or unreasonably annoy persons in his or her vicinity.
  3. Carrying of firearms or other weapons. No person, shall, without the permission of the Manager, bring into or carry in the terminals or on the ferries any firearms or other weapons; provided, however, that this subdivision shall not apply to police officers and other persons authorized by federal, state or local law to carry firearms or other weapons.
  4. Permission required to bring into or carry explosives, acids, inflammables, compressed gases, etc. No person shall bring into or carry in the terminals or on the ferries any explosives, acids, inflammables, compressed gases or articles or materials having or capable of producing strong offensive odor, or articles or materials likely to endanger persons or property, except with permission of the Chief Operating Officer or the Executive Director of Safety and Security. No person shall bring or cause to be brought into or kept in the terminals any signal flare or any container filled with or which has been emptied or partially emptied of oil, gas, petroleum products, paint or varnish, except with permission of the Chief Operating Officer or the Executive Director of Safety and Security. Bringing into the terminals or on the ferries without special permission gasoline or other motor fuel contained in tanks permanently attached to vehicles and not under pressure shall not be an infraction of this regulation.
  5. Unauthorized interference with or use of terminal or ferry systems or equipment prohibited. No person shall do or permit to be done anything which may interfere with the effectiveness or accessibility of any means of escape, the fire protection system, sprinkler system, drainage system, alarm system, telephone system, public announcement and intercommunication system, plumbing system, air-conditioning system, ventilation system, fire hydrants, hoses, fire extinguishers, or other mechanical system, facility or equipment installed or located in the terminals or on the ferries; including closed circuit television cameras and monitors, signs and notices; nor shall any person operate, adjust or otherwise handle or manipulate, without permission, any of the aforesaid systems or portions thereof, or any machinery, equipment or other devices installed or located at the terminals or on the ferries. Tags showing date of last inspection attached to units of fire extinguishing equipment shall not be removed therefrom nor shall any person plug a television, radio or other electrical device into any outlet or connect any device to any utility at or in the terminals or on the ferries.
  6. Storage. Storage of materials or possessions of any kind either on the ferries or in the ferry terminals is strictly prohibited at all times. Any materials or possessions stored on the ferries or ferry terminals will be disposed of promptly. This provision shall not apply to any authorized storage by a lessee, concessionaire or contractor pursuant to an agreement with the Department.
  7. No sound reproduction devices. Except with prior permission of the Commissioner, no person shall operate or use any sound reproduction device in the terminals or on the ferries, other than a personal audio device with personal earphones such that sound from such earphones is not plainly audible to another individual at a distance of five feet or more from the source.
  8. Use of lighting or sound reproduction equipment. No person shall without specific authorization from the Commissioner operate or use or cause to be operated or used any lighting or sound reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show, sale or display of merchandise, or any business enterprise, in front or outside of any building, place or premises in the terminals or on the ferries.

§ 1-04 Vehicles.

No vehicles shall be permitted on the ferries except with permission from the Chief Operating Officer.

§ 1-05 Elevators, Escalators, and Loading Docks.

(a) Freight prohibition. Passenger elevators and escalators may not be used to carry freight.
  1. Causing an elevator or escalator to stop. No unauthorized person shall cause an elevator or escalator to stop by means of any emergency stopping device unless continued operation would appear to result in probable injury to a person or persons. Any such stoppage should be reported immediately to the Manager.
  2. Truck loading docks. Truck loading docks located in the terminals are designed to accomplish the immediate transfer of merchandise between the freight elevators and trucks. All persons will confine their use of the docks to such purpose as directed by the Manager. No storage or holding of merchandise on the truck loading docks awaiting the arrival of trucks or awaiting transfer to premises or space at the terminals will be permitted.

§ 1-06 Penalty.

Failure to comply with these rules or the terms or conditions of any permit issued shall be punishable as provided in the administrative code of the city of New York.

§ 1-07 Boarding.

(a) All passengers must board a ferry through the boarding doors on the ferry’s upper level, unless otherwise authorized by this section.
  1. Notwithstanding subdivision (a), the following passengers may board a ferry through the boarding doors on the ferry’s lower level:

   (1) a person instructed to board on the lower level by ferry personnel or official Department-issued signage;

   (2) a person with a disability that seriously impairs his or her mobility who requires the use of a device to assist his or her movement, where such device is visible to ferry personnel (e.g., a wheelchair or walker); and

   (3) a person possessing a letter issued pursuant to subdivision (c) of this section.

  1. Lower level boarding access letter.

   (1) Applicants. The following persons may apply for lower level boarding access:

      (i) a person with a disability that seriously impairs his or her mobility who requires the use of a device to assist his or her movement, where such device is not visible to ferry personnel (e.g., a pacemaker); and

      (ii) a person with a disability that seriously impairs his or her mobility who does not require the use of a device to assist his or her movement.

   (2) Applications. An application must be submitted to the Department, on a form provided by the Department on its website, with certification from a physician licensed in one of the fifty states that the applicant has a disability that seriously impairs the applicant’s mobility.

      (i) The application must include the following information:

         (A) applicant’s legal name, address, and telephone number(s);

         (B) applicant’s date of birth; and

         (C) a government-issued identification card number for the applicant and its expiration date.

      (ii) Upon receipt of a completed application, including the certification, DOT will, within 30 days of receipt, send the applicant a letter granting lower level boarding access. The letter may be used only by the applicant.

   (3) Period of authorization. Any letter issued pursuant to this subdivision shall be valid for up to two (2) years from the date of issuance.

   (4) Revocation. The Department will revoke the letter of any person who abuses any privilege, benefit, or consideration granted by the letter (e.g., altering the letter in any way or letting someone other than the applicant use the letter).

Chapter 4: Traffic Rules and Regulations

§ 4-01 Words and Phrases Defined.

(a)Vehicle and Traffic Law definitions apply. Whenever any words and phrases used in these rules are not defined herein but are defined in Article 1 of the New York State Vehicle and Traffic Law, any such definition shall be deemed to apply to such words and phrases used herein.
  1. Definitions. The following words and phrases, when used in these rules, shall, for the purpose of these rules, have the following meanings:

   Access-A-Ride vehicle. An “Access-A-Ride vehicle” means a vehicle authorized by the Metropolitan Transportation Authority New York City Transit to provide only the Access-A-Ride service. Such vehicle must bear a license plate with the New York Department of Motor Vehicles designation of “New York City Transit Authority”, and must also have an authorized and clearly visible Access-A-Ride logo on its back side, not smaller than six inches by six inches in size.

   Bicycle. “Bicycle” means every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it will not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. For the purposes of these rules the term bicycle includes a pedal-assist bicycle as defined in this section.

   Bicycle sharing system. The term “bicycle sharing system” means a network of self-service and publicly available bicycles in which a bicycle trip begins and/or ends on any public highway in the City of New York.

   Bus. “Bus” means every motor vehicle having a seating capacity of more than fifteen passengers, in addition to the operator, and used for the transportation of persons, and every charter bus, school bus and sight-seeing bus, regardless of seating capacity, as defined below.

      (i) Charter bus. The term “charter bus” means a bus transporting passengers for compensation in a chartered party.

      (ii) School bus. The term “school bus” means every motor vehicle regardless of seating capacity 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 on a regular basis for compensation for the transportation of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

      (iii) Sight-seeing bus. The term “sight-seeing bus” means a bus for hire carrying passengers from a fixed point in the City of New York, at which point the passengers embark and are generally discharged to a place or places of interest, assembly, or amusement in the City of New York, and including a charter bus, as defined in these rules, when engaged in a sight-seeing operation.

      (iv) Shuttle bus. The term “shuttle bus” means a bus operating entirely within the City of New York that does not charge a fee to its passengers.

      (v) Intercity bus. An “intercity bus” means a bus that transports the general public between the City of New York and any location outside the City of New York in scheduled bus service. Such term does not include a school bus, a bus providing public transportation, or a charter bus.

   Chartered party. The term “chartered party” means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge, have acquired exclusive use of a bus to travel together as a group to a specific destination or for a particular itinerary either agreed upon in advance or modified after having left the place of origin by such group.

   Commercial vehicle.

      (i) For purposes of parking, standing and stopping rules, a vehicle will not be deemed a commercial vehicle or a truck unless:

         (A) it bears commercial plates; and

         (B) it is permanently altered by having all seats and seat fittings, except the front seats, removed to facilitate the transportation of property, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab will not be considered in determining whether the vehicle is properly altered; and

         (C) it displays the registrant’s name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels.

      (ii) For the purposes of rules other than parking, stopping and standing rules, a vehicle designed, maintained, or used primarily for the transportation of property, or for the provision of commercial services and bearing commercial plates will be deemed a commercial vehicle.

      (iii) Vehicles bearing commercial or equivalent registration plates from other states or countries will not be deemed trucks or commercial vehicles unless they are permanently altered and marked as required in (i)(B) and (C) of this definition, above.

   Commissioner. “Commissioner” means the Commissioner of the New York City Department of Transportation or his/her authorized designee.

   Commuter Van. The term “commuter van” means a van which: (i) is used as part of a commuter van service as defined in Section 19-502(q) of the New York City Administrative Code; (ii) has a seating capacity of at least nine passengers but not more than twenty passengers or such greater capacity as the New York City Taxi and Limousine Commission may establish by rule; (iii) carries passengers for hire in the City; (iv) is duly licensed as a commuter van by the New York City Taxi and Limousine Commission; and (v) is not permitted to accept hails from prospective passengers in the street.

   Crosswalk.

      (i) Marked crosswalk. The term “marked crosswalk” means that part of a roadway defined by two parallel lines or highlighted by a pattern of lines (perpendicular, parallel or diagonal used either separately or in combination) that is intended to guide pedestrians into proper crossing paths.

      (ii) Unmarked crosswalk. The term “unmarked crosswalk” means that part of a roadway, other than a marked crosswalk, that is included within the extensions of the sidewalk lines between opposite sides of the roadway at an intersection, provided that (A) the roadway crosses through the intersection rather than ending at the intersection, and/or (B) all traffic on the opposing roadway is controlled by a traffic control device.

   Cruising. “Cruising” means the movement of any vehicle on any street in search of prospective passengers who may wish to hire the vehicle.

   Dedicated use sign. The term “dedicated use sign” shall mean a curb regulation sign that allows a designated vehicle to use the regulated block face. Other vehicles may not stand or park at these locations.

   Department. “Department” means the New York City Department of Transportation.

   Designated Activities. The term “Designated Activities” means commercial activities, entertainment or performances by individuals or groups, posing for or taking photographs or videos, and vending expressive matter, where any form of compensation, donation, or gratuity is requested or accepted.

   Designated Activity Zone. The term “Designated Activity Zone” means an area in a pedestrian plaza designated as such by the Department by signage and/or markings in which individuals conduct Designated Activities.

   Driveway. “Driveway” means every entrance or exit authorized, pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.

   D/S Decals. “D/S Decals” means valid nontransferable service vehicle decals or delivery vehicle decals issued by the City of New York that are affixed to the inside of the operator’s side of the windshields of vehicles bearing “A”, “C” or “D” series license plates issued by the U.S. Department of State.

   Electric vehicle. “Electric vehicle” means a commercially available, mass-produced vehicle originally equipped by the manufacturer with an electric propulsion system or a vehicle retrofitted with an electric propulsion system, provided the vehicle owner can provide supporting documentation of such retrofit. Electric vehicles include both (1) battery electric vehicles which have batteries that are recharged by connecting the vehicle to an external power source; and (2) plug-in hybrid electric vehicles, which have batteries that be can be recharged by connecting the vehicle to an external power source or by an onboard internal-combustion engine and generator.

   Electric vehicle charging. The term “electric vehicle charging” means when an electric vehicle’s charging port is connected to the electric vehicle charger via a cable.

   Electric vehicle charging station. The term “electric vehicle charging station” means a location with (1) one or more electric vehicle chargers that supply electric energy for the recharging of electric vehicles, and (2) one or more parking spaces dedicated to each electric vehicle charger to accommodate charging vehicles.

   Electronic communication device. The term “electronic communication device” means any electronic equipment approved by the Department capable of transmitting information via telephone, cable, fiber, satellite or antenna to the Department for payment at parking spaces where payment for such space is requested. This includes but is not limited to mobile or vehicle mounted computers with an on-line connection, mobile or cellular phones, personal digital assistants, or any other electronic communication device approved by the Department.

   Emergency vehicle (authorized). The term “emergency vehicle (authorized)” means every police vehicle, fire vehicle, emergency ambulance service vehicle, and every other emergency vehicle as defined in § 101 of the Vehicle and Traffic Law.

   Expressive Matter. The term “expressive matter” means materials or objects with expressive content, such as newspapers, books, or other similar written matter and visual art such as paintings, prints, photography, or sculpture.

   For-hire vehicle. The term “for-hire vehicle” means a motor vehicle, licensed by the New York City Taxi and Limousine Commission, for hire in the City, used for the carriage of passengers by prearrangement only and designed to carry fewer than nine passengers, including but not limited to livery vehicles, and excepting taxis or wheelchair accessible vans.

   High Occupancy Vehicle (HOV). The term “HOV” means a vehicle, except a truck as defined in 34 RCNY § 4-13(a)(1), with two or more occupants, the number of which is specified by signs placed on express lanes on highways or bridges, pursuant to 34 RCNY § 4-07(k).

   Holidays. “Holiday” when used on traffic control devices means the days on which the following holidays are officially celebrated: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

   Horse drawn cab. The term “horse drawn cab” shall mean a vehicle drawn by a horse and used for the carriage of passengers for compensation in conformance with a New York City Department of Consumer Affairs license. Where signs limit parking to horse drawn cabs, only those cabs licensed by the New York City Department of Consumer Affairs will be permitted.

   Impounded vehicle. A vehicle is considered “impounded” when the City of New York takes it into custody by taking any action preventing the free use of the vehicle by the motorist, including, but not limited to, beginning to attach to the vehicle an immobilization device such as a “boot” or a hook on a Department of Transportation tow truck.

   Law enforcement officer. The term “law enforcement officer” means a police officer or any authorized agent of the Department of Transportation.

   Limited use vehicle. The term “limited use vehicle” means a motor vehicle, other than a motorcycle, which has a maximum performance speed of forty miles per hour.

   Marginal street. The term “marginal street” means any street, road, place, area or way adjoining or adjacent to waterfront property and designated as a marginal street, wharf or place on a plan or map adopted, pursuant to law.

   Motor vehicle. The term “motor vehicle” means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except as otherwise provided in § 125 of the Vehicle and Traffic Law.

   Official time standard. The term “official time standard” means, whenever certain hours are named in these rules or on traffic control devices, standard time or daylight-saving time, whichever may be in current use in the City of New York.

   Parking. “Parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

   Parking meter. The term “parking meter” means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle or as otherwise described within these rules.

   Passenger car. The term “passenger car” when used on traffic control devices means a motor vehicle designed and used for conveying not more than eight people and includes motorcycles designed and used only for conveying people.

   Pedal-assist bicycle. A “pedal-assist bicycle” shall mean a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts (one horsepower) whereby such electric motor engages only when the operator is pedaling and the rate of speed of the bicycle is less than 20 miles per hour, and disengages or ceases to function when (i) the operator applies the brakes, (ii) the operator stops pedaling, or (iii) the bicycle achieves a speed of twenty miles per hour. A pedal-assist bicycle shall not be equipped with any throttle capacity or have any additional motorized equipment affixed to it.

   Pedestrian countdown display. The term “pedestrian countdown display” means any automated digital reading used in a crosswalk that displays, at the beginning of the flashing upraised hand signal, the number of seconds remaining until the termination of such signal.

   Pedestrian Flow Zone. The term “Pedestrian Flow Zone” means an area designated as such by the Department by signage and/or markings for the safe and continuous movement of pedestrian traffic.

   Pedestrian Plaza. The term “pedestrian plaza” means an area designated by the Department as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of the Department including, but not limited to, property mapped as a public place or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art.

   Pedestrian Plaza Partner. The term “pedestrian plaza partner” means an organization selected by the Department to assist with functions related to pedestrian plazas, pursuant to a nonexclusive agreement with the Department, which may include, but is not limited to, a maintenance agreement or concession agreement.

   Pedicab. “Pedicab” means a bicycle as defined in the vehicle and traffic law or other device that is designed and constructed to transport or carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.

   Person. “Person” means a natural person, partnership, corporation, limited liability company, association or any other entity.

   Public highway. The term “public highway” means any highway, road, street, avenue, alley, public place, public driveway or any other public way.

   Public transportation. The term “Public transportation” means:

      (i) mass transportation services provided to the general public by any public benefit corporation constituting a transportation authority, or a subsidiary thereof, or any public transportation corporation constituted as an instrumentality of a State, or a subsidiary thereof, directly or through a contract with another entity; or

      (ii) mass transportation services provided to the general public by any county, City, town or village directly or through a contract with another entity, pursuant to section one hundred nineteen-r of the general municipal law, or provided to the general public by another state or any county, City, town or village in a State other than New York directly or through a contract with another entity, pursuant to a similar law of such other State.

   Service vehicle. The term “Service vehicle” means a commercial vehicle used for providing commercial services other than making pickups and deliveries, but does not include a vehicle bearing “A”, “C” or “D” series license plates issued by the U.S. Department of State and displaying a valid non-transferable service vehicle decal issued by the City of New York that is affixed to the inside of the operator’s side of the windshield.

   Sidewalk. “Sidewalk” means that portion of a street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians, the sidewalk will be deemed to be that portion of the street between the building line and the curb.

   Standing. “Standing” means the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

   Stopping. “Stopping” means any halting, even momentarily of a vehicle, whether occupied or not.

   Taxi. A “taxi” means a motor vehicle used for the carriage of passengers for compensation, equipped with a taxi meter, painted yellow or green and displaying a current medallion or other license issued by the New York City Taxi and Limousine Commission.

   Transitway. A “transitway” means any roadway or series of roadways designated for the exclusive use of buses or taxis or such other designated high occupancy vehicles as may be permitted, during certain hours of the day, with access to such roadway(s) limited to one block thereof to other vehicles for the purpose of delivery of goods or services or the picking up or dropping off of passengers.

   Truck. For the purposes of parking, standing and stopping rules, a “truck” is a commercial vehicle, as defined in Paragraph (i) of the definition of commercial vehicle, above, except that, for the purposes of parking, standing and stopping rules in the area bounded by 35th Street on the south, 41st Street on the north, Avenue of the Americas on the east, and 8th Avenue on the west, all inclusive, in the Borough of Manhattan, between the hours of 7:00 A.M. to 7:00 P.M., a vehicle is not be deemed a truck unless it complies with the provisions of 34 RCNY § 4-13(a)(1).

   Vehicle. A “vehicle” means 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.

   Waterfront property. The term “waterfront property” means all waterfront property, City or privately owned, between salt water and the next adverse owner. An adverse owner is the first private owner of property not designated as waterfront property.

   Wharf property. The term “wharf property” means all wharves, piers, decks and bulkheads and structures thereon and slips and basins, the land beneath any of the foregoing, and all rights, privileges and easements appurtenant thereto and land under water in the port of the City of New York, and such upland or made land adjacent thereto owned by the City of New York as is vested in or may be assigned to the Department of Small Business Services of the City of New York.

§ 4-02 Compliance With and Effect of Traffic Rules.

(a) Applicability of rules. The provisions of these rules apply to all vehicles, operators of vehicles, bicycles, operators of bicycles and pedestrians upon highways, parkways, shopping center parking lots and municipal areas including public housing, public hospital parking lots, and municipal lots and garages. These rules also apply on wharf property and marginal streets, in off-street parking facilities operated by the Department of Transportation, on vacant lots, and upon private roads open to public motor vehicle traffic, which for the purpose of application of these rules shall be considered streets, highways or parkways, except where a different place is specifically referred to.
  1. Suspension of rules. The Commissioner may, at his/her discretion, suspend any regulation contained herein in situations involving public safety and convenience.
  2. Dangerous driving. No person shall operate a vehicle in a manner that will endanger any person or property.
  3. All persons are required to comply with traffic rules.

   (1) Exceptions. It is a traffic infraction for any person, including government employees, to do any act forbidden by or fail to perform any act required by these rules, except as otherwise provided herein.

      (i) Authorized emergency vehicles. The operator of an authorized emergency vehicle when involved in an emergency operation as defined in § 114-b of the Vehicle and Traffic Law may exercise the privileges set forth in § 1104 of the Vehicle and Traffic Law, subject to the conditions set forth therein.

      (ii) Traffic/parking control vehicles. Unless specifically made applicable, the provisions of these rules shall not apply to operators of designated traffic or parking control vehicles, including, but not limited to, tow trucks, while actually engaged in activities necessary to perform their duties.

      (iii) Refuse collection vehicles. The operator of a refuse collection vehicle working on behalf of the City of New York may:

         (A) temporarily stand on the roadway side of a vehicle parked at the curb, provided that no curb space is available within fifteen feet, while loading refuse, subject to § 1102 of the Vehicle and Traffic Law; and

         (B) drive on or across a designated bicycle lane while loading refuse, subject to § 1102 of the Vehicle and Traffic Law.

      (iv) Highway workers and vehicles. Unless specifically made applicable, the provisions of these rules shall not apply to persons, teams, motor vehicles, and other equipment working on behalf of the City of New York, the State of New York or the federal government while actually engaged in work while on a highway. Section 1103 of the Vehicle and Traffic Law is applicable to any person or team or any operator of a motor vehicle or other equipment while actually engaged in work on a highway. As section 1103 of the Vehicle and Traffic Law provides, such persons are not relieved from the duty to proceed at all times during all phases of such work with due regard for the safety of all persons nor shall the foregoing provisions of this subparagraph protect such persons or teams or such operators of motor vehicles or other equipment from the consequences of their reckless disregard for the safety of others.

      (v) Highway inspection and quality assurance vehicles, compliance inspection unit and street assessment unit vehicles. Unless specifically made applicable, the provisions of these rules which relate to parking and standing shall not apply to operators of New York City Department of Transportation highway inspection vehicles, compliance inspection vehicles, and street assessment vehicles while actually engaged in activities necessary to perform their duties.

   (2) Public employees. The provisions of these rules shall apply to the operator of any vehicle owned by or used in the service of the United States Government, New York State, New York City, or other states, cities, or any borough, and it shall be unlawful for any such operator to violate any of the provisions of these rules except as otherwise permitted by law.

  1. State law provisions superseded. Pursuant to authority provided by § 1642 of the Vehicle and Traffic Law, the following provisions of such law shall not be effective in the City of New York: §§ 1112, 1142(b), 1150, 1151, 1152, 1153, 1156(b), 1157, 1171, 1201, 1202, and 1234.

§ 4-03 Traffic Signals.

(a) Traffic control signals. Whenever traffic is controlled by traffic control signals exhibiting different colored lights successively, the following colors shall indicate and apply to operators of vehicles and to pedestrians, except as superseded by pedestrian control signals, as follows:

   (1) Green alone:

      (i) Vehicular traffic facing such signals may proceed straight through or turn right or left unless a sign at such place prohibits any such movement. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

      (ii) Pedestrians facing such signal may proceed across the roadway within any crosswalk.

   (2) Steady yellow alone, dark period, or red-green combined when shown following the green signal:

      (i) Vehicular traffic facing such signal is thereby warned that the red signal will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection when the red signal is exhibited.

      (ii) Pedestrians facing such signal are advised that there may be insufficient time to cross the roadway. Pedestrians already in the roadway must proceed to the nearest safety island or sidewalk in the direction of such signal.

   (3) Steady red alone:

      (i) Vehicular traffic facing such signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown.

      (ii) Notwithstanding the foregoing provisions of this subdivision (a), or any provisions of state law, an operator approaching an intersection where a sign authorizes right or left turns on red signal may make such turn after coming to a complete stop, but shall yield the right of way to all vehicles and pedestrians lawfully within the intersection.

      (iii) Pedestrians facing such signal shall not enter or cross the road way.

   (4) Arrows. When colored lights shaped as arrows are used as traffic control signals, arrows pointing to the right shall apply to operators intending to enter the intersection to turn to the right, arrows pointing vertically shall apply to operators intending to enter the intersection to proceed straight through, and arrows pointing to the left shall apply to operators intending to enter the intersection to turn to the left. The colors of arrows shall have the same meanings as colors of traffic signal lights, but shall apply only to operators intending to enter the intersection to proceed in the direction controlled by the arrow.

   (5) Signs. Operators shall comply with signs that refer to traffic control signals at places other than the intersections at which such signals are located, for example, “Stop here on red.”

   (6) Signals not at intersections. In the event an official traffic control signal is erected and maintained at a place other than an intersection, all the provisions of this subdivision (a) shall be applicable, except those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

   (7) Nonfunctioning signals. Vehicular traffic facing a signal that is not working shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall proceed with caution through the intersection.

  1. Blinking traffic control signals.

   (1) Red. Vehicular traffic facing such signals shall come to a complete stop and shall proceed only after yielding to any vehicles approaching from the cross street.

   (2) Yellow. Vehicular traffic facing such signals shall proceed with caution through the intersection.

  1. Pedestrian control signals. Whenever pedestrian control signals are in operation, showing symbols of a walking person, upraised hand, or upraised hand with a pedestrian countdown display, or any other internationally recognized representation concerning the movement of pedestrians, such signals shall indicate as follows:

   (1) Steady walking person. Pedestrians facing such signal may proceed across the roadway in the direction of such signal, and other traffic must yield the right of way to such pedestrians.

   (2) Flashing upraised hand or flashing upraised hand with pedestrian countdown display. Pedestrians facing such signal are advised that there may be insufficient time to cross the roadway. Pedestrians already in the roadway must proceed to the nearest safety island or sidewalk in the direction of such signal. Other traffic must yield the right of way to pedestrians proceeding across the roadway within the crosswalk towards such signal for as long as such signal remains flashing.

   (3) Steady upraised hand. No pedestrians shall start to cross the roadway in the direction of such signal; provided, however that any pedestrians who have partially completed their crossing on a steady walking person signal or any flashing upraised hand signal must proceed to the nearest sidewalk or safety island in the direction of such signal while such steady upraised hand signal is showing.

§ 4-04 Pedestrians.

(a) Pedestrians subject to traffic rules, except as otherwise provided herein. Pedestrians shall be subject to traffic control signals and pedestrian control signals as provided in 34 RCNY § 4-03(a) and (c) and to the lawful orders and directions of any law enforcement officer, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this section.
  1. Right of way in crosswalks.

   (1) Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.

   (2) Pedestrians shall not cross in front of oncoming vehicles. Notwithstanding the provisions of (1) of this subdivision (b), no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the operator to yield.

   (3) Vehicles stopped for pedestrians. Whenever any vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear in the same or adjacent lanes shall not overtake and pass such stopped vehicle.

  1. Restrictions on crossings.

   (1) No pedestrian shall enter or cross a roadway at any point where signs, fences, barriers, or other devices are erected to prohibit or restrict such crossing or entry.

   (2) No pedestrian shall cross any roadway at an intersection except within a cross- walk.

   (3) No pedestrian shall cross a roadway except at a crosswalk on any block in which traffic control signals are in operation at both intersections bordering the block.

  1. Operators to exercise due care. Notwithstanding other provisions of these rules, the operator of a vehicle shall exercise due care to avoid colliding with any pedestrian.
  2. Hitch-hiking and soliciting prohibited.

   (1) Talking or selling. No person shall stand in the roadway to talk with or sell or offer to sell anything to an occupant of any vehicle.

   (2) Soliciting rides. No person shall solicit a ride from the occupant of a vehicle by word or gesture.

   (3) Washing, polishing, cleaning and assisting parking. No person shall approach an operator or other occupant of a passenger vehicle on any street, while the vehicle has stopped temporarily, is about so to stop, is parked or is about to be parked, for the purpose of washing, polishing, or cleaning such vehicle or any part of it, or offering to do so. Nor shall any person approach an operator or other occupant of a passenger vehicle for the purpose of directing it to a place for parking on any street or assisting in such parking, or offering any other service in relation to such vehicle, or soliciting a gratuity, except services rendered in connection with emergency repairs at the request of the operator of the vehicle.

   (4) Opening or closing doors. No person, other than an occupant or prospective occupant of a passenger vehicle on a street, shall open, hold open, or close, or offer to open, hold open, or close any door of the vehicle. This provision shall not apply to such acts when intended purely as a social amenity without expectation or acceptance of a gratuity, nor to doormen or other persons employed by owners, occupants, or managers of abutting premises to render such service, nor when such service is incidental to other legitimate service being rendered to such an occupant or prospective occupant of a passenger vehicle.

   (5) Hailing taxis. Unless asked to do so without advance solicitation (direct or implied), no person shall hail or procure for another, not in his or her social company, a taxi or other passenger vehicle.

§ 4-05 Turns.

(a) Compliance with turning restrictions. Whenever a traffic control device regulates any turn or other movement at an intersection or other location, no operator of any vehicle shall disregard the direction of such device, unless directed to do so by a law enforcement officer.
  1. Limitations on turning around.

   (1) The operator of any vehicle shall not make a U-turn upon any street in a business district, as defined in § 105 of the Vehicle and Traffic Law.

   (2) The operator of a vehicle shall not make a U-turn upon any street outside a business district unless such turn is made without interfering with the right of way of any vehicle or pedestrian.

§ 4-06 Speed Restrictions.

(a) Maximum speed limits and basic rule.

   (1) No person shall drive a vehicle at a speed greater than twenty-five miles per hour except where official signs indicate a different maximum speed limit.

   (2) Where official signs are posted indicating a maximum speed limit, no person shall drive a vehicle at a speed greater than such maximum speed limit.

   (3) [Reserved.]

§ 4-07 Other Restrictions on Movement.

(a) Yield signs. The operator of a vehicle approaching a YIELD or YIELD-RIGHT-OF-WAY sign shall slow to a reasonable speed for existing conditions of traffic and visibility, stopping if necessary, and shall yield the right-of-way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. Proceeding past such sign with resultant collision or other impediment or interference with traffic on the intersecting street shall be deemed prima facie evidence of a violation of this rule.
  1. Obstruction of traffic.

   (1) Traffic lane. No person shall operate a vehicle in a manner which obstructs traffic in lanes specifically designated for the movement of traffic. Such lanes include, but are not limited to, no standing zones and no stopping zones.

   (2) Spillback. No operator shall enter an intersection and its crosswalks unless there is sufficient unobstructed space beyond the intersection and its crosswalks in the lane in which he/she is traveling to accommodate the vehicle, notwithstanding any traffic control signal indication to proceed.

  1. Restrictions on crossing sidewalks.

   (1) Driveways. No person shall drive within any sidewalk area except at a permanent or temporary driveway.

   (2) Avoiding intersections. No person shall drive across a sidewalk or upon a driveway in order to avoid an intersection.

   (3) Bicycles and limited use vehicles.

      (i) No person shall ride or operate a bicycle upon any sidewalk area unless permitted by sign. This prohibition shall not apply to the operation of bicycles with wheels of less than 26 inches in diameter upon the sidewalk by children of 12 years or less in age.

      (ii) No person shall ride, park or operate a limited use vehicle within any sidewalk area except where permitted by sign. This prohibition shall not apply to the pushing of a limited use vehicle within a sidewalk area or to the pushing of such a vehicle to an authorized parking area.

  1. Restrictions on backing. No person shall back a vehicle into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle unless such movement can be made in safety.
  2. Play streets. Whenever authorized signs are erected indicating any street or part thereof as a play street or play area, no person shall drive a vehicle upon any such street or area between 8 a.m. and one-half hour after sunset, unless other hours are prescribed by signs, except operators of vehicles having business or whose residences are within such restricted area. Any such operator shall exercise the greatest care in driving upon any such street.
  3. Restrictions on learners.

   (1) An operator with a learner’s permit shall not operate a motor vehicle in any park, on any play street, or along any block in which there is an entrance to a public playground or park.

   (2) The licensed operator accompanying an operator with a learner’s permit shall not permit such learner to violate paragraph (f)(1), above.

  1. Following emergency vehicles prohibited. The operator of any vehicle other than one on official public business shall not follow any emergency vehicle traveling in response to an emergency call closer than 200 feet, nor drive into nor park such vehicle within the block where such emergency work is in progress.
  2. Driving on divided highways.

   (1) Whenever any highway is divided into two or more roadways by an intervening space, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or law enforcement officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection, as established, unless specifically authorized by public authority.

   (2) No vehicle shall make a U-turn on a divided highway, except where permitted by sign or at the direction of a law enforcement officer.

  1. Towing of vehicles on parkways, expressways, drives, highways, interstate routes, thruways, and bridges.

   (1) Restrictions. No person shall cause or permit a disabled vehicle to be towed except by a tow truck under permit issued by the commissioner of the Police Department, or by a Police Department tow truck and then only by such tow truck on the main roadway, including the berm or shoulder adjacent to said roadways or entrances and exits of the following parkways, expressways, thruways, and bridges:

      Belt Parkway System

      Bronx River Parkway

      Cross Island Parkway

      Grand Central Parkway

      Henry Hudson Parkway

      Hutchinson River Parkway

      Jackie Robinson Parkway

      Laurelton Parkway

      Mosholu Parkway Extension

      Richmond Parkway

      Shore Parkway

      Southern Parkway

      Brooklyn-Queens Expressway

      Bruckner Expressway

      Clearview Expressway

      Cross Bronx Expressway and Extension

      Franklin Delano Roosevelt Drive

      Gowanus Expressway

      Harlem River Drive

      Long Island Expressway

      Major Deegan Expressway

      Martin Luther King Expressway

      Miller Highway

      Nassau Expressway

      Northern Boulevard from Astoria Boulevard and Ditmars Boulevard

      Entrance to Linden Place Exit

      Governor Thomas E. Dewey Thruway (New England Section)

      Prospect Expressway

      Route 25A (Elevated Section) from 112th Place to 126th Street

      Sheridan Expressway

      Staten Island Expressway

      Throgs Neck Expressway

      Van Wyck Expressway and Extension

      West Shore Expressway

      Whitestone Expressway

      Brooklyn Bridge

      Manhattan Bridge

      Queensboro Bridge

      Williamsburg Bridge

      Alexander Hamilton Bridge

      Eastern Boulevard (Bruckner Boulevard) Bridge

      Hutchinson River Parkway Extension Bridge

      Kosciuszko Bridge

      Midtown Highway Bridge

      Mill Basin Bridge

      Third Avenue Bridge between Manhattan and Bronx

      Unionport Bridge

      Whitestone Expressway Bridge

      Willis Avenue Bridge

   (2) Police commissioner may waive requirements. The commissioner of the Police Department in his/her discretion may waive and reimpose the requirement for a permit in the case of any specific bridge, highway, parkway, expressway, drive, interstate route and thruway.

   (3) Road service and towing rates. For the pupose of this paragraph, road service shall mean service performed that will enable a vehicle to continue under it’s own power.

      (i) Road service, all vehicles

         (A) Gasoline delivery, not including cost of gas…..$25.00

         (B) Removing each flat tire and replacing each with spare tire…..$25.00

         (C) Battery charge…..$25.00

      (ii) Passenger cars, hoist and tow, per mile and storage fees. Hoist and tow fees, per mile fees, and storage fees for all passenger cars towed pursuant to arterial tow service permits in the City of New York, shall be those provided for such services in subdivisions a and b of 6 RCNY § 2-368.

      (iii) Vehicles other than passenger cars

         (A) Any vehicle with a maximum gross vehicle weight over 4,500 lbs. and under 10,000 lbs.

            (a) Preparation, hoist and tow, including first mile or fraction thereof…..$125.00

            (b) Each additional mile…..$5.00

            (c) Storage per 24-hour period…..$35.00

         (B) Any two axle truck or bus with a maximum gross vehicle weight from 10,000 to 18,000 lbs.

            (a) Preparation, hoist and tow, including first mile or fraction thereof…..$175.00

            (b) Each additional mile…..$10.00

            (c) Use of under-lift…..$50.00

            (d) Storage per 24-hour period…..$50.00

         (C) Any two axle truck or bus with a maximum gross vehicle weight from 18,000 to 26,000 lbs.

            (a) Preparation, hoist and tow, including first mile or fraction thereof…..$250.00

            (b) Each additional mile…..$10.00

            (c) Use of under-lift…..$50.00

            (d) Storage per 24-hour period…..$50.00

         (D) Any truck, bus or tractor trailer with a maximum gross vehicle weight above 26,000 lbs.

            (a) Preparation, hoist and tow, including first mile or fraction thereof…..$300.00

            (b) Each additional mile…..$10.00

            (c) Use of under-lift…..$100.00

            (d) Storage for tractor, per 24-hour period…..$50.00

            (e) Storage for bus or trailer, per 24-hour period…..$75.00

         (E) Labor per 1/4 hour per truck or per person or tow operator…..$50.00

         Applies only to vehicles over 4,500 lbs. in the following situations: overturned, wedged on guardrails, off-road recovery (embankment) and may apply to jackknifed, wedged under overpass/bridge, or broken/defective axle in which recovery (off-loading or positioning) must be performed prior to actual tow.

         (F) Special equipment such as fork lifts, cranes, loading equipment, trailer, tractor, front end loaders and dump trucks will be considered rented equipment. The cost for such equipment will be billed on a daily basis with the approval of the Department.

         (G) Tire service. If subcontracting to a tire company is required for on-road service, the tow vehicle must remain on the scene. Billing will be calculated for actual work time at $100.00 per hour. Subcontracting for off-roadway service, no tow truck required to remain on scene: a one-time charge of $55.00.

  1. Yearly and single issue permits for use of roadways.

   (1) General information. Vehicles normally prohibited from roadways may be issued yearly or single-use permits by the Department of Transportation upon application in writing. Such permits must be displayed so that they are visible through the windshield. The Commissioner or his/her designee may charge a fee for such permits equal to the cost of administering the permit program.

   (2) Eligible groups and vehicles. Yearly permits are available to the following, as well as to any other groups or vehicles specified by the Commissioner or his/her designee:

      (i) companies that transport passengers to and from airports;

      (ii) commuter and shuttle services;

      (iii) ambulettes;

      (iv) school bus companies;

      (v) buses;

      (vi) medical, blood and human service programs;

      (vii) not-for-profit groups going to and from special events;

      (viii) vehicles that service businesses accessible only by use of parkways; and

      (ix) service vehicles that repair and maintain highways and highway facilities.

   (3) Authorized roadways. Yearly and single issue permits will be granted only for the following parkways or any other area designated by the Department of Transportation:

      (i) Belt Parkway

      (ii) Bronx River Parkway

      (iii) Cross Island Parkway

      (iv) Eastern Parkway

      (v) Grand Central Parkway: Between the TriBoro Bridge and the Van Wyck Expressway

      (vi) Harlem River Drive

      (vii) Henry Hudson Parkway

      (viii) Hutchinson River Parkway

      (ix) Mosholu Parkway

      (x) Pelham Parkway

      (xi) Richmond Parkway

      (xii) Willowbrook Parkway For reasons of safety, the use of these roadways may be limited.

   (4) Duration. Permits are issued for the minimum hours and days essential for the activity. Bus permits are valid only while transporting passengers. Yearly permits are issued on an annual basis on dates determined by the Department of Transportation. These permits are renewable by reapplication in writing to the Department of Transportation. The Commissioner or his/her designee may, at his/her discretion, issue, extend or revoke any permit.

  1. Express lanes.

   (1) Restrictions. Wherever signs are erected on highways or bridges giving notice of express lanes, except as otherwise posted, no person shall operate a vehicle other than a vehicle as specified in paragraph (2) of this subdivision, an emergency vehicle as specified in paragraph (4) of this subdivision, or a vehicle classified as an HOV, with or without EZPASS as specified on such sign, within a designated express lane on a highway or bridge during the hours specified on such signs.

   (2) Buses and Access-A-Ride vehicles. Vehicles registered as buses in New York State, vehicles registered out-of-state that are equivalent to New York State registered buses, Access-A-Ride vehicles and motorcycles shall be eligible to use express lanes on highways or bridges pursuant to this subdivision.

   (3) Taxis and for-hire vehicles. Medallion taxis and for-hire vehicles duly licensed by the New York City Taxi and Limousine Commission carrying at least one passenger shall be allowed to use express lanes on highways or bridges. Medallion taxis and for-hire vehicles without passengers shall not be allowed to use express lanes on highways or bridges.

   (4) Emergency vehicles. Emergency vehicles responding to emergencies shall be allowed to use express lanes on highways or bridges. Emergency vehicles not responding to emergencies shall not be allowed to use express lanes on highways or bridges.

  1. Use of the Grand Central Parkway by certain vehicles. Notwithstanding any other provision of these rules to the contrary, single-unit vehicles with no more than three axles and ten tires may operate in both directions on the roadway of the Grand Central Parkway, between the Triborough Bridge and the western leg of the Brooklyn-Queens Expressway. Buses will continue to be prohibited from operating on the Grand Central Parkway without consent.
  2. Use of the Korean War Veterans Parkway by certain vehicles. Notwithstanding any other provision of these rules to the contrary, not more than forty-ton motor vehicles commonly classified as construction trucks owned and/or operated by the Department of Environmental Protection of the City of New York, its agents or contractors shall be permitted the use of the Korean War Veterans Parkway during remediation of the Brookfield landfill in Staten Island for the purpose of the remediation of such landfill, provided that such trucks comply with all other provisions of applicable state and local law, including but not limited to 34 RCNY § 4-15.

§ 4-08 Parking, Stopping, Standing.

(a) General provisions.

   (1) Compliance with rules. No person shall stop, stand or park a vehicle, whether attended or unattended, other than in accordance with authorized signs, pavement markings, or other traffic control devices, unless necessary to avoid conflict with other traffic or in compliance with law or direction of any law enforcement officer or other person authorized to enforce these rules.

      (i) Sign placement. For purposes of this 34 RCNY § 4-08, one authorized regulatory sign anywhere on a block, which is the area of sidewalk between one intersection and the next, shall be sufficient notice of the restriction(s) in effect on that block.

      (ii) Pedicabs. No person shall park, stand, or stop a pedicab where a person is prohibited from parking, standing or stopping a vehicle in accordance with these rules.

   (2) Stopping prohibited. When stopping is prohibited by signs or rules, no person shall stop, stand or park a vehicle, whether attended or unattended.

   (3) Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.

      (i) Dedicated use signs. Standing is prohibited when a dedicated use is specified by a sign, including but not limited to the following curb regulations: Commercial Vehicles Only, Truck Loading Only, Taxi Stand, Taxi Relief Stand, Authorized Vehicles Only, NYP License Plates Only, Doctor License Plates Only, For-Hire Vehicles Only, Ambulance Only, Ambulette Only, Medical Facility Only, Bus Layover Only, NYS Road Test Only, Flea Market Loading Only, Farmers Market Only, Waiting Line, Carshare Parking Only, Electric Vehicle Charging Only, or Parking Permitted.

   (4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading of unloading property to or from the curb.

   (5) Vehicles prohibited on berms and shoulders. Stopping, parking or operating a motor vehicle is prohibited on the berm or shoulder adjacent to a parkway or a highway as specified in 34 RCNY § 4-07(i), except for emergency purposes.

   (6) Paper or other temporary signs. Any paper or other temporary signs posted by authorized agencies shall supersede all existing posted rules for the days and times specified.

   (7) Holiday suspensions of parking rules.

      (i) Major legal holidays. Except as provided in subparagraph (ii), of this paragraph, stopping, standing, or parking rules that are indicated on official signs shall be suspended on the days on which the following major legal holidays are officially observed by the City of New York: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In addition, if New Year’s Day, Independence Day or Christmas Day is officially observed on a day other than January 1, July 4 or December 25, respectively, then major legal holiday rules shall be in effect both on the official day of observance and on the traditional day of observance.

      (ii) Exception. Parking, standing and stopping rules that are indicated on official signs shall remain in effect on the dates of both official and traditional observance of the above-listed major legal holidays only in areas where signs indicate that parking, standing and stopping rules are in effect seven days a week, provided, however, that the activation of meters that are required by posted sign to be activated seven days a week shall be suspended on major legal holidays pursuant to subparagraph (i).

      (iii) Street cleaning rules suspended.

         (A) Street cleaning parking rules are suspended on the days listed in subparagraph (i) of this paragraph, and on the following holidays: Yom Kippur, Rosh Hashanah, Ash Wednesday, Holy Thursday, Good Friday, Ascension Thursday, Feast of the Assumption, Feast of All Saints, Feast of the Immaculate Conception, first two days of Succoth, Shemini Atzereth, Simchas Torah, Shavuot, Purim, Orthodox Holy Thursday, Orthodox Good Friday, first two and last two days of Passover, Idul-Fitr, Idul-Adha, Asian Lunar New Year, on all state and national holidays, on the following additional legal holidays: Martin Luther King, Jr.’s Birthday, Lincoln’s Birthday, President’s Day, Columbus Day – observed, Election Day, and Veteran’s Day, and on such other days as announced by the Commissioner or his/her designee.

         (B) For the purposes of this subparagraph (iii), street cleaning parking rules shall mean those rules (a) on posted signs consisting of the letter “P” with a broom through it or (b) except as otherwise provided in item (D) of this subparagraph, on posted signs containing “No Parking” rules restricting parking on one day per week or on alternate days.

         (C) “No Parking” street cleaning rules, located in parking meter zones, are suspended on the days on which street cleaning rules are suspended and on such other days as announced by the Commissioner or his/her designee. Suspension of street cleaning rules does not affect the requirement of activating the meter during the hours that such meter is in effect.

         (D) Posted signs restricting parking for a period of six or more consecutive hours on one day per week or on alternate days are not street cleaning parking rules. However, such restrictions are suspended on the days that street cleaning rules are suspended.

   (8) Disabled vehicles. A vehicle that becomes disabled must be pushed to the side of the road so that it obstructs traffic as little as possible, and must be removed expeditiously.

   (9) Immobilization and towing of illegally parked vehicles.

      (i) Time and manner of immobilization. Any illegally parked vehicle found parked at any time upon any public highway in the City may, by or under the direction of any person authorized by the Commissioner, be immobilized in such manner as to prevent its operation, and thereafter may be removed to a tow pound as provided in these rules; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless such vehicle is moved while such device or mechanism is in place.

      (ii) Notice. Notice of immobilization pursuant to this paragraph shall be placed in a conspicuous place on the vehicle. Such notice shall contain:

         (A) a warning that any attempt to move the vehicle may result in damage to the vehicle; and

         (B) the time, place and manner in which the vehicle may be redeemed.

      (iii) Immobilization fee. The registrant of an immobilized vehicle which has not yet been removed to a tow pound pursuant to these rules, or any other person authorized by the registrant of such vehicle, may secure the release of the vehicle upon satisfaction of all parking summonses in judgment, if any, for which the registrant of the immobilized vehicle is liable and payment of an immobilization fee of $185.00.

      (iv) Applicable rules. Where a vehicle has been both immobilized and towed, the owner shall be subject to both the immobilization requirements of this paragraph, and all applicable provisions of these rules.

      (v) Right to immediate hearing. The registrant, title holder or operator of any vehicle that has been immobilized shall have the right to an immediate hearing during regular business hours at the Parking Violations Bureau in relation to the immobilization.

      (vi) Removal fee. The fee for removal of illegally parked vehicles to a tow pound shall be determined in accordance with the following fee schedule. Said fee shall be payable before such vehicles are released.

         (A) The removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle that has a gross vehicle weight less than 6,500 pounds, that may be towed through the use of a single tow truck not weighing more than eight tons.

         (B) The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or requires either more than one tow truck or a single tow truck which weighs in excess of eight tons, in order to be towed.

      (vii) Storage fee. In addition to the removal fee set forth in subparagraph (vi) of this paragraph (9), there shall be a storage fee of $20.00 for each day such vehicle remains in the possession of the city, up to and including the day such vehicle is released. Said fee shall be payable before such vehicle is released.

      (viii) Vehicles not removed considered abandoned. Any vehicle which is not removed from city property within 10 days following the mailing of a request to remove it shall be deemed to be an abandoned vehicle pursuant to paragraph (d) of subdivision 1 of § 1224 of the Vehicle and Traffic Law and shall be disposed of by the Commissioner pursuant to such law. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, at the address contained on the registration of such vehicle.

      (ix) Release of vehicle in process of being removed. When a vehicle has been hooked to a tow truck in preparation for removal to a pound but the owner or other person lawfully entitled to possession of such vehicle appears and requests the release of such vehicle before the tow truck is in motion, such vehicle shall be unhooked and released, provided, however, that the person to whom such vehicle is released must execute a binding agreement consenting to pay the vehicle release penalty as set forth in subparagraph (x) of this paragrph (9) within thirty days from the date of such agreement and, in the event of non-payment, to the imposition of additional penalties in accordance with subparagraph (xi) of this paragraph (9); and provided further that such person present a current valid driver’s license and either registration for the vehicle, title to the vehicle, insurance identification and keys for the vehicle, a rental agreement and keys for the vehicle in case of a rental vehicle, or company identification and keys for the vehicle in the case of a commercial vehicle.

      (x) Vehicle release penalty. The penalty for the release of an illegally parked vehicle under the circumstances permitted by subparagraph (ix) of this paragraph (9) shall be $100.00 for illegally parked vehicles which meet the criteria contained in subparagraph (vi)(A) of this paragraph (9), and $200.00 for illegally parked vehicles which meet the criteria listed in subparagraph (vi)(B) of this paragraph (9). This fee is in addition to any other monetary fine(s) and penalty(ies) permitted by law for the underlying parking violation(s); provided, however, that in no event shall a vehicle release penalty be imposed if the underlying parking violation or, in the case of multiple parking violations, all underlying parking violations, is (are) dismissed by the Parking Violations Bureau.

      (xi) Non-payment of vehicle release penalty. The Parking Violations Bureau may, in accordance with law, prescribe additional penalties for non-payment of the vehicle release penalty set forth in sub-paragraph (x) of this paragraph (9) and enter and enforce default judgements for such vehicle release penalty and additional penalties.

   (10) Restricted area. The Parking Violations Bureau shall be authorized to establish a separate fine schedule for violations committed in the restricted area, as defined herein. Such fine schedule may be higher than the fine schedule for violations committed outside the restricted area. As used herein, restricted area shall mean all of Manhattan, south from the north building line on 96th Street but excluding all of Central Park.

  1. Violation of posted no stopping rules prohibited. When official signs, markings or traffic-control devices have been posted prohibiting, restricting or limiting the stopping of vehicles, no person shall stop, stand or park any vehicle in violation of the restrictions posted on such signs, markings or traffic-control devices.
  2. Violation of posted no standing rules prohibited. When official signs, markings or traffic-control devices have been posted prohibiting, restricting or limiting the standing of vehicles, no person shall stand or park any vehicle in violation of the restrictions posted on such signs, markings or traffic-control devices, except as otherwise provided herein:

   (1) Taxi stand. No person shall stand or park a vehicle other than a taxi in a taxi stand when any such stand has been officially designated and appropriately posted except that the operator of a vehicle may only temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any taxi about to enter or leave such zone.

   (2) Taxi and/or for hire vehicle relief stand. No person shall stand or park a vehicle other than a taxi or for hire vehicle in a relief stand when any such stand has been officially designated and appropriately posted. The operator of a taxi or for hire vehicle may park at such stand for no more than one hour.

   (3) Bus stop. No person shall stand or park a vehicle other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any bus about to enter or leave such stop. Notwithstanding the aforementioned, an authorized bus shall not park in an assigned bus stop when such stop has been officially designated and appropriately posted.

   (4) Authorized vehicles. Except as provided in paragraph (8) of this subdivision, no person shall stand or park a vehicle that is not specifically authorized by a dedicated use sign defined in 34 RCNY § 4-01 and as provided in Subparagraph (i) of Paragraph (3) of Subdivision (a) of this section.

   (5) Hotel loading zone. No person shall stand or park a vehicle in such zone except temporarily for the purpose of and while actually engaged in receiving or discharging passengers and their personal baggage at hotels.

   (6) Commuter van stop. No person shall stand or park a vehicle other than a commuter van in a commuter van stop when such a stop has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein for the purpose of expeditiously receiving or discharging passengers provided such standing does not interfere with any commuter van about to enter or leave such stop.

   (7) For-hire vehicle stand. No person shall stand or park a vehicle other than a for-hire vehicle in a for-hire vehicle stand when such a stand has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein for the purpose of expeditiously receiving or discharging passengers provided such standing does not interfere with any for-hire vehicle about to enter or leave such stand.

   (8) Diplomatic and consular vehicles.

      (i) Where a posted sign reads “No Standing Except Vehicles with Consul-C or Diplomat-A&D License Plates D/S Decals Only” or “Authorized Vehicles Only Consul-C Diplomat-A & D License Plates D/S Decals Only”, no person may stand or park a vehicle in such area except as follows:

         (A) a person may stand or park a vehicle in such area if such vehicle bears “A”, “C” or “D” series license plates issued by the U.S. Department of State, such vehicle displays a valid non-transferable service vehicle decal issued by the City of New York that is affixed to the inside of the operator’s side of the windshield, and such person is authorized to park or stand in a space in such area by the foreign mission or consulate that has been allocated such space by the Department; or

         (B) a person may stand a vehicle temporarily (no more than thirty (30) minutes) in such area for the purpose of and while actually engaged in delivering, loading or unloading for official business if such vehicle bears “A”, “C” or “D” series license plates issued by the U.S. Department of State, such vehicle displays a valid non-transferable delivery vehicle decal issued by the City of New York that is affixed to the inside of the operator’s side of the windshield, such person is authorized to stand in a space in such area by the foreign mission or consulate that has been allocated such space by the Department, and a delivery is being made to such foreign mission or consulate.

      (ii) Where a posted sign reads “No Standing Except Vehicles with Consul-C or Diplomat-A&D License Plates Delivery Decal Required 30 Minute Limit” or “Authorized Vehicles Only Consul & Diplomat License Plates Delivery Decal Required”, no person may stand or park a vehicle in such area except a person may stand a vehicle temporarily in such area for the purpose of and while actually engaged in delivering, loading or unloading for official business if such vehicle bears “A”, “C” or “D” series license plates issued by the U.S. Department of State and displays a valid non-transferable delivery vehicle decal issued by the City of New York that is affixed to the inside of the operator’s side of the windshield.

   (9) Parking Permitted. No person shall stand or park a vehicle other than on those day(s) and hour(s) specified on the posted sign, except temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

  1. Violation of posted no parking rules prohibited. When official signs, markings or traffic control devices have been posted prohibiting, restricting or limiting the parking of vehicles, no person shall park any vehicle in violation of the restrictions posted on such signs, markings or traffic control devices, except as otherwise provided herein:

   (1) Street cleaning. No person shall park a vehicle in violation of officially posted street cleaning rules, as defined in subsection (a)(7)(ii) of these rules, unless such rules have been suspended by the Commissioner or his/her designee pursuant to subsection (a)(7) of these rules.

   (2) Reserved.

   (3) No parking except parking permits for people with disabilities (off-street).

      (i) No person shall park a vehicle in any off-street parking space designated for use by a parking permit for people with disabilities pursuant to § 1203-c of the Vehicle and Traffic Law, or designated by blue painted lines or markings displaying the international symbol of access unless:

         (A) Such person is, or is transporting, a disabled permittee and displays a state special vehicle identification permit issued by the NYS Commissioner of Motor Vehicles, or

         (B) Such vehicle is registered in accordance with § 404-a of the Vehicle and Traffic Law and is being used for the transportation of disabled persons, or

         (C) Such vehicle displays a special license plate or parking permit issued by any governmental entity subject to the laws of the United States, or a foreign country for the purpose of granting special parking privileges to people with disabilities.

      (ii) License plates or parking permits issued to people with disabilities by New York State or by any other state, district, territory or other governmental entity or foreign country shall be valid only in designated off-street parking areas. They are not valid in on-street parking areas.

   (4) Official markings. When markings upon the pavement of a roadway designate a parking space, no person shall stand or park a vehicle in such designated parking space so that any part of the vehicle occupies more than one space or protrudes beyond the markings designating such a space, except that a vehicle which is of a size too large to be parked within a single designated parking space shall be parked with the front bumper at the front of the space with the rear of the vehicle extending as little as possible into the adjoining space to the rear, or vice-versa. Notwithstanding the above, no vehicle that is too long and/or too wide to be parked within a single designated parking space shall be parked in such a space which is designated for angle parking.

  1. General no stopping zones (stopping, standing and parking prohibited in specified places). No person shall stop, stand, or park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer, or as otherwise provided in this subdivision:

   (1) Traffic lanes. In any lane intended for the free movement of vehicles, except a lane immediately adjacent to the curb, unless such lane is designated by signs as a traffic lane, and except as otherwise provided in subdivision (f), paragraph (1) below. In no instance shall a vehicle extend more than 8 feet from the nearest curb.

   (2) Hydrants. Within fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator’s seat ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity.

   (3) Sidewalks. On a sidewalk.

   (4) Intersections. Within an intersection, except on the side of a roadway opposite a street which intersects but does not cross such roadway and except as provided in paragraph (5), below.

   (5) Crosswalks. In a crosswalk.

   (6) Street excavations. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct any traffic lane.

   (7) Tunnels and elevated roadways. Within a highway tunnel or upon an elevated or controlled access roadway when all lanes are normally available for moving traffic.

   (8) Divided highways. Parking, standing and stopping are prohibited alongside the median dividing a highway into two or more separate roadways. However, alongside the medians of certain segments of such divided highways, the department may post signs restricting parking, standing and stopping alongside the medians of such segments only on specified days and/or hours. Wherever such signs are so posted on a segment of a divided highway, parking, standing and stopping are permitted alongside the median of such segment on the days and/or hours when parking, standing and stopping are not specifically prohibited by such signs. On segments of such highway where such signs are not posted, parking, standing and stopping alongside the median are prohibited at all times. For the purposes of this paragraph, a segment of a divided highway is the area of such highway between adjacent intersections.

   (9) Bicycle lanes. Within a designated bicycle lane.

   (10) Restricted use and limited use streets. On any street designated as a restricted use street or a limited use street as defined in 34 RCNY § 4-12(r)(4), except as otherwise provided in 34 RCNY § 4-12(r)(1).

   (11) Major roadways. On the improved or paved roadway of any of the arteries set forth in 34 RCNY § 4-07(i), or on improved or paved roadways in a park or in parks, for the purpose of removing or replacing a flat tire, unless permitted by posted signs. For the purposes of this rule, a vehicle is considered to be on the improved or paved roadway unless the vehicle is completely off such roadway.

   (12) Obstructing traffic at intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn, unless there is adequate space on the opposite side of the intersection to accommodate the vehicle the person is driving, notwithstanding the indication of a traffic control signal which would permit the person to proceed.

  1. General no standing zones (standing and parking prohibited in specified places). No person shall stand or park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer:

   (1) Double parking. On the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited, for no more than 20 minutes, while actively engaged in loading or unloading goods, tools, materials, or other items for the purpose of making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on the same side of the street within the same block that can be used for such standing, and provided further that such standing is in compliance with the provisions of §1102 of the State Vehicle and Traffic Law. A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. No person shall double park a commercial vehicle when it blocks the only lane of travel in the same direction. No person shall stand, stop or park a vehicle on a street at any time in such a manner or under such conditions as to leave fewer than 10 feet of roadway width available for the free movement of vehicular traffic. No person may stand a commercial vehicle in or along the roadway side of a bus lane, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer or other person authorized to enforce this rule.

   (2) Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in 34 RCNY § 4-01(b).

   (3) Parks. In any park between one-half hour after sunset and one-half hour before sunrise, except at places designated or maintained for the parking of vehicles.

   (4) Bus lane. In any lane designated for the exclusive use of buses.

   (5) Railroad crossings. Within fifty feet of the nearest rail of a railroad crossing.

   (6) Safety zones. In a safety zone, between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone.

   (7) Pedestrian ramps. Alongside or in a manner which obstructs a curb area which has been cut down, lowered or otherwise constructed or altered to provide access for persons with disabilities at a marked or unmarked crosswalk as defined in subdivision (b) of 34 RCNY § 4-01. A person may stop, stand or park a vehicle alongside or in a manner which obstructs a pedestrian ramp not located within such crosswalk, unless otherwise prohibited.

  1. General no parking zones (parking prohibited in certain places). No person shall park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices:

   (1) Emergency sites. Within a block where emergency work is in progress, except that the operator of any vehicle on official public business related to the emergency may park such vehicle at such sites.

   (2) Vacant lots. In a vacant lot, unless the operator of the vehicle has the written permission of the lot’s owner so to park and has otherwise complied with §§ 10-112 and 10-113 of the Administrative Code.

   (3) Marginal street and waterfronts. On a marginal street or waterfront, as defined in 34 RCNY § 4-01(b).

  1. On-street and off-street metered zones.

   (1) Purchasing of parking time. No person shall park a vehicle, whether attended or not, in any parking space controlled by a parking meter:

      (i) Without first purchasing the amount of parking time desired from a parking meter, or from a valid electronic communication device as described in this section. This provision shall not apply to the time necessary to park the vehicle or activate the parking meter or any other authorized grace period.

      (ii) Without displaying a payment receipt on the vehicle’s dashboard or in a visible and secure place on a motorcycle, where such requirement is indicated by posted signs, unless such parking time was purchased through an authorized electronic communication device as described in this section.

      (iii) In excess of the amount of time indicated on the payment receipt, electronic communication device, or on posted signs.

   (2) Authorized payment methods; counterfeits prohibited.

      (i) Authorized payment methods. Parking meters must be activated by the insertion of coin(s) of United States currency, or by the insertion of an electronic debit card, credit card, Department issued parking card or other authorized method of payment as described in this section.. Parking at an on-street or off-street parking space controlled by a parking meter may also be paid for by an authorized electronic communication device as approved by the Department as described in paragraph (3) of this subdivision.

      (ii) No person shall deposit or attempt to deposit any slug, button, or any other unauthorized device or substance as a substitute for coins of United States currency in any parking meter.

      (iii) No person shall purchase a parking meter receipt from anywhere other than a parking meter.

   (3) Electronic communication device payments.

      (i) Despite any provision herein, any person may park at an on-street or off-street parking space controlled by a parking meter by making payment via an electronic communication device as approved by the Department.

      (ii) The Department may designate locations containing on-street or off-street parking spaces controlled by a parking meter as locations where payment by an electronic communication device shall be permitted.

         (A) The Department shall designate each location by the posting of a sign.

         (B) A person wishing to purchase parking time via an authorized electronic communication device at a designated location may do so via the authorized mobile payment for parking application by entering the applicable zone number for the side of the block where the vehicle will be parked if the vehicle is parked in an on-street parking zone or the posted zone sign if a vehicle is parked in an off-street parking field.

   (4) Transfer of parking time. A person who purchases parking time, via a payment receipt, at an on-street or off-street parking space controlled by a parking meter may, during the start and end time denoted on such payment receipt, park at:

      (i) such on-street or off-street parking space;

      (ii) at any parking space regulated by a parking meter within the same parking area; or

      (iii) in another area regulated by a parking meter where the parking meter rate is the same as or less than the rate at the location where the parking time was purchased. This provision shall not apply when parking time is purchased via an authorized electronic communication device.

   (5) Parking at broken or missing parking meters.

      (i) Where parking is controlled by a parking meter and such parking meter is broken or missing, the person seeking to purchase a parking receipt shall use a functional parking meter in the same parking field or on the same side of the block, to purchase a parking receipt in accordance with paragraph (1) of this subdivision.

      (ii) If all parking meters in a parking field or on a block are missing or broken, a person shall be allowed to park in the parking field or on the block up to the maximum amount of time otherwise lawfully permitted by such parking meters in the controlled parking field or block.

   (6) Restrictions and limitations. The provisions of this subdivision (h) shall not relieve any person of the duty to observe other and more restrictive provisions prohibiting, restricting, or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.

   (7) Displaying, selling or offering merchandise for sale prohibited. No peddler or vendor shall park a vehicle at a metered parking space for purposes of displaying, selling, storing or offering merchandise for sale from the vehicle.

   (8) Parking by disabled persons permitted. Rules pertaining to the use of parking meter zones shall not apply to vehicles operated by disabled persons duly displaying New York City special parking identification permits issued by the Department of Transportation pursuant to 34 RCNY § 4-08(o), other than at those periods of time when no standing and no stopping restrictions are in effect in the metered zones.

  1. Municipal off-street parking facilities.

   (1) Parking fees. No person shall park a vehicle without paying the appropriate fee in accordance with authorized fee schedules posted on the facility.

   (2) Hours of operation. No person shall park a vehicle before the opening hour or after the closing hour, as specified on authorized signs.

   (3) Parking Meters. No person shall park a vehicle, whether attended or not, in any parking space controlled by a parking meter:

      (i) Without first purchasing the amount of parking time desired from a parking meter or from a valid electronic communication device as described in this section. This provision shall not apply to the time necessary to park the vehicle or activate the parking meter or any other authorized grace period.

      (ii) Without displaying a payment receipt on the vehicle’s dashboard or in a visible and secure place on a motorcycle, where such requirement is indicated by posted signs, unless such parking time was purchased through an authorized electronic communication device as described in this section.

      (iii) In excess of the amount of time indicated on the payment receipt, electronic communication device, or on posted signs.

   (4) Parking in a dangerous manner. No person shall park a vehicle in a manner that will endanger any person or property.

   (5) Operator responsible for loss. The operator enters the facility at his/her own risk and the City of New York shall not be responsible for any injury or loss due to fire, theft, accident, or other causes.

   (6) Angle parking. No vehicle that is too long and/or too wide to be parked within a single designated parking space shall be parked in such a space which is designated for angle parking.

  1. Standing or parking vehicles that violate registration and inspection rules are covered or have the VIN obscured.

   (1) Vehicles must be properly registered. No person shall stand or park a vehicle bearing a New York license plate or plates unless it is properly registered in accordance with the laws and rules of New York.

   (2) Valid plates must be properly displayed. No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it. For the purposes of this paragraph (j)(2), New York plates shall not be deemed properly displayed unless they are conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened so as to prevent the same from swinging and placed, whenever reasonably possible, not higher than 48 inches and not lower than 12 inches from the ground, and they are kept clean and in a condition so as to be readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon. New York dealer or transporter plates issued pursuant to § 415 of the Vehicle and Traffic Law shall be deemed properly displayed if the one plate issued is placed on the rear of the vehicle as described above. New York motorcycle plates and plates from other states shall be deemed properly displayed if at least one plate is fastened on the rear of the vehicle.

   (3) Vehicles must display valid registration sticker. No person shall stand or park a vehicle bearing a New York plate or plates unless it properly displays a current registration sticker.

   (4) Improper stickers prohibited. No person shall stand or park a vehicle bearing a New York plate or plates displaying an expired, mutilated, void, imitation, counterfeit or inappropriate New York registration sticker.

   (5) Registration plates, stickers, and tags must match. No person shall stand or park a vehicle bearing registration plates, stickers, and tags that do not match as to information contained thereon.

   (6) Vehicles must display valid inspection sticker. No person shall stand or park a vehicle bearing New York plates unless it is properly inspected and properly displays a current inspection sticker or certificate, in accordance with § 306(b) of the Vehicle and Traffic Law unless it bears New York dealer or transporter plates pursuant to § 415 of the Vehicle and Traffic Law.

   (7) Improper inspection stickers prohibited. No person shall stand or park a vehicle bearing New York plates displaying any mutilated, imitation or counterfeit of an official certificate of inspection.

   (8) Vehicle covers prohibited. No person shall stand or park a vehicle having a cover on it that obscures the make, color, vehicle identification number (VIN), license plates and/or registration and inspection stickers, and/or restricts entry to the vehicle, if such vehicle is standing or parked in violation of posted rules.

   (9) Obscuring VIN prohibited. No person shall stand or park a vehicle that has the vehicle identification number obscured in any manner.

  1. Special rules for commercial vehicles.

   (1) Parking of unaltered commercial vehicles prohibited. No person shall stand or park a vehicle with commercial plates in any location unless it has been permanently altered with all seats and rear seat fittings, except the front seats, removed, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered, and has the name and address of the owner as shown on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than three inches in height, in compliance with § 10-127 of the Administrative Code and is also in compliance with paragraph (i) of the definition of commercial vehicle as set forth in 34 RCNY § 4-01.

   (2) No standing except trucks loading and unloading. Where a posted sign reads “No Standing Except Trucks Loading and Unloading” or “Truck Loading Only”, no vehicle except a commercial vehicle or a service vehicle as defined in 34 RCNY § 4-01(b), may stand or park in that area, for the purpose of expeditiously making pickups, deliveries or service calls, and except that in the area from 35th St. to 41st St., Avenue of the Americas to 8th Avenue, inclusive, in the Borough of Manhattan, between the hours of 7:00 A.M. and 7:00 P.M., no vehicle except a truck as defined in 34 RCNY § 4-13(a)(1) may stand or park for the purpose of expeditiously making pickups, deliveries, or service calls.

   (3) Angle standing or parking of commercial vehicles. Commercial vehicles standing or parking in authorized areas shall not be placed at an angle to the curb unless such positioning is essential for loading or unloading and then only for such period of time actually required for such purposes provided that a sufficient space shall be left clear for the passage of a vehicle between the angle-parked vehicle and the center of the street, the opposite curb or a vehicle parked or standing thereat, whichever is closest. In no event shall an angle-parked vehicle occupy more than a parking lane, plus one traffic lane.

   (4) Parking of trailers.

      (i) No person shall park any trailer or semi-trailer on any street or arterial highway, except while loading or unloading at off-street platforms, unless such trailer or semi-trailer is attached to a motor vehicle capable of towing it.

      (ii) Notwithstanding the provisions of paragraph (i) above, where posted signs permit, a trailer or semi-trailer may park while unattached to a motor vehicle capable of towing it on streets in industrial zoned property as defined in the Zoning Resolution. Such trailers or semi-trailers may park for the length of time indicated on the posted signs. An owner of a trailer or semi-trailer parked pursuant to this provision shall protect the streets from damage that may be caused by parking the unattached trailer. All doors located on such trailers or semi-trailers must be locked while the trailers are parked.

   (5) Street storage of commercial vehicles prohibited. When parking is not otherwise restricted, no person shall park a commercial vehicle in any area, including a residential area, in excess of three hours.

   (6) Nighttime parking of commercial vehicles prohibited. No person shall park a commercial vehicle on a residential street, between the hours of 9 p.m. and 5 a.m. Where a commercial vehicle is parked in violation of this paragraph, it shall be an affirmative defense to said violation, with the burden of proof on the person who received the summons, that he or she was actively engaged in business at the time the summons was issued at a premises located within three city blocks of where the summons was issued. This paragraph shall not apply to vehicles owned or operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, the agents or employees thereof, or any public utility.

   (7) Vehicles equipped with platform lifts. Commercial vehicles may not be parked on any city street with a platform lift set in a lowered position while the vehicle is unattended.

  1. Midtown and other special zones.

   (1) Reserved.

   (2) Special midtown rule: method of parking. Except where otherwise restricted, between the hours of 7 a.m. and 7 p.m. daily, except Sundays, from 14th to 60th Streets, 1st to 12th Avenues, all inclusive, in the Borough of Manhattan, no operator of a commercial vehicle shall stop, stand, or park in any of the streets herein designated, other than parallel and no more than 12 inches from the curb, and in a way that such vehicle will not occupy more than 10 feet of roadway space from the nearest curb, and in no case shall any such vehicle be backed in at an angle to the curb.

   (3) Special midtown rule: standing time limit.

      (i) Between the hours of 7 a.m. and 7 p.m., daily except Sundays, from 14th to 60th Streets, 1st to 12th Avenues, all inclusive, in the Borough of Manhattan no operator shall stand a commercial vehicle in any one block of streets herein designated for a period of more than three hours unless otherwise posted. A commercial vehicle not actively engaged in loading or unloading goods, tools, materials, or other items for the purpose of pickups, deliveries or service calls is deemed to constitute a parked vehicle subject to parking rules applicable to that particular location.

      (ii) Commercial parking meter area. Notwithstanding the provisions of subparagraph (i) of this paragraph, where signs are posted regulating the use of the curb by commercial vehicles it shall be unlawful to stand a vehicle in any space on a block unless such vehicle is a “commercial vehicle” as defined in 34 RCNY § 4-01(b)(i) or a vehicle with a valid “combination” registration from another state, and unless such space is controlled by a parking meter. The maximum time for such metered parking on a single block shall be a total of three hours, unless otherwise indicated by a posted sign. The provisions of subdivision (h) of this section shall apply to commercial vehicles parked at a parking meter pursuant to this paragraph.

   (4) Parking in garment district restricted to trucks. Notwithstanding any provisions of these rules to the contrary, no vehicles except trucks and vans bearing commercial plates shall stand at the curb for the purpose of expeditiously loading and unloading between the hours of 7 a.m. and 7 p.m. daily, including Sundays, from 35th Street to 41st Street, between Avenue of the Americas and 8th Avenue, all inclusive, in the Borough of Manhattan. For the purpose of this paragraph (4), passenger vehicles, or station wagons bearing commercial plates shall not be deemed trucks or vans.

   (5) Parking restricted in limited truck zones. No operator of truck shall stop, stand or park his/her vehicle upon any streets designated as “Limited Truck Zones,” except for the purpose of making a delivery, loading or servicing within said zone, and except as otherwise provided in 34 RCNY § 4-13(d)(3).

   (6) Special Lower Manhattan Area Rule: standing time limit. Between the hours of 7 a.m. and 7 p.m., daily, on any street south of Houston Street, from the East River to the Hudson River, in the Borough of Manhattan:

      (i) An operator must not stand or park a bus on any one block of streets, including where a space on that block is regulated by a parking meter, for more than three hours unless otherwise posted.

      (ii) Where a space is regulated by a parking meter and signs are posted restricting the use of the curb to buses, it is unlawful to stand or park any vehicle at that regulated space unless the vehicle is a bus. The provisions of subdivision (h) of this section shall apply to buses parked at such a parking meter.

      (iii) Where a parking sign designates a regulated space as “No Standing/Parking Except Authorized Buses” or “ Buses With Permit Only”:

         (A) It is unlawful to stand or park any vehicle at that regulated space unless the vehicle is a bus and the operator has first obtained a permit from the Department according to paragraph (4) of subdivision (o) of this section.

         (B) Where that space is also regulated by a parking meter, the provisions of subdivision (h) of this section shall apply to permitted buses parked at such a parking meter.

      (iv) A bus not being used for the expeditious pickup and drop off of passengers is deemed to constitute a parked vehicle subject to parking rules applicable to that particular location.

  1. Additional parking rules.

   (1) Wrong way parking prohibited. Except where angle parking is authorized, every vehicle stopped, standing, or parked partly upon a roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway. On a one-way roadway such vehicle shall be facing in the direction of authorized traffic movement; on a two-way roadway such vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests.

   (2) Angle standing or parking. No person shall place a vehicle at an angle to the curb, except when such angle placement is authorized by these rules or by signs or markings. Notwithstanding the above, no vehicle that is too long and/or too wide to be parked within a single designated parking space shall be parked in such a space which is designated for angle parking.

   (3) Angle parking of motorcycles, motor scooters and mopeds. A person shall be permitted to park a motorcycle, motor scooter or moped at an angle to the curb at times and at places when and where parking is permitted but only in such manner that at least one wheel shall touch the curb. In no event shall any portion of the motorcycle, motor scooter or moped be more than 6 feet from the curb.

   (4) Parking of doctors’ and dentists’ vehicles. Where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician or dentist may park his/her motor vehicle, identified by “MD,” “OP” or “DDS” New York registration plates, on a roadway adjacent to hospitals or clinics for a period not to exceed three hours. For the purposes of this paragraph, only those portions of a roadway corresponding to the shaded areas on the diagrams below shall be considered adjacent to a hospital or clinic. At other locations where parking is prohibited by signs, but not where stopping or standing is prohibited, a duly licensed physician may park his/her motor vehicle, identified by “MD” or “OP” New York registration plates, for a period not to exceed one hour while actually attending to a patient in the immediate vicinity.

   (5) Bus parking on streets prohibited. No person shall park a bus at any time on any street within the City of New York, unless authorized by signs, except that a charter bus may park where parking is otherwise permitted at its point of origin or destination. No operator of a bus shall make a bus layover, except as otherwise provided in 34 RCNY § 4-10(c). Notwithstanding any local law or rule to the contrary, but subject to the provisions of the Vehicle and Traffic Law, it shall be permissible for a school bus owned, used or hired by a public or nonpublic school to park at any time, including overnight, upon any street or roadway, provided said bus occupies a parking spot in front of and within the building lines of the premises of the public or nonpublic school.

   (6) Time limits. Where signs are erected specifying time limits on standing or parking, no person shall stand or park any vehicle in excess of the time so prescribed.

   (7) Emergency ambulance service vehicles. The operator of an ambulance, as defined in section 100-b of the Vehicle and Traffic Law, while awaiting an emergency call, may park at meters, truck loading and unloading zones, and “NO PARKING” areas not specifically designated for other vehicles. (i.e. authorized zones).

   (8) Street storage of boat trailers, mobile homes and mobile medical diagnostic vehicles prohibited. No person shall park any boat trailer (with or without a boat attached), mobile home or mobile medical diagnostic vehicle in any area, on any street, in excess of 24 hours.

   (9) Street storage of vehicles prohibited. When parking is not otherwise restricted, no person shall park any vehicle in any area, including a residential area, in excess of seven consecutive days.

  1. Special restrictions on parking.

   (1) Parking for sales purposes prohibited. No person regularly engaged in the sale of vehicles shall park a vehicle upon any roadway or off-street parking facility for the principal purpose of displaying such vehicle for sale.

   (2) Parking for certain purposes prohibited. No person regularly engaged in the repair of vehicles shall park a vehicle upon any roadway or off-street parking facility for the principal purpose of washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency.

   (3) Parking for the purposes of commercial advertising prohibited. No person shall stand or park a vehicle on any street or roadway for the purpose of commercial advertising, as defined in 34 RCNY § 4-12(j)(1), except as otherwise provided in that section.

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   (4) Peddlers, vendors and hawkers restricted. No peddler, vendor, hawker, or huckster shall permit his car, wagon, or vehicle to stand on any street when stopping, standing, or parking is prohibited or on any street within 25 feet of any corner of the curb or to stand at any time on any sidewalk or within 500 feet of any public market or within 200 feet of any public or private school.

   (5) Unattended motor vehicles. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake provided, however, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency.

   (6) Moving parked vehicle. No person shall move a vehicle not lawfully under his/her control into any position where stopping, standing, or parking would be unlawful.

   (7) Unofficial reserving of parking space. It shall be unlawful for any person to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through his/her presence in the roadway, the use of hand-signals, or by placing any box, can, crate, handcart, dolly or any other device, including unauthorized pavement, curb or street markings or signs in the roadway.

   (8) Vehicles must have proper equipment. No person shall stand or park a motor vehicle, motorcycle or limited use vehicle on any street at any time unless it is equipped with head lamps, rear lamps, reflectors and any other equipment required by any provision of the Vehicle and Traffic Law.

  1. Permits. For purposes of this section, a “permit” is the authorization granted by the Department to qualified individuals for special parking privileges as set forth in this subdivision. At the discretion of the Department, a permit may be represented by a permit card inscribed with information that describes the specific parking privileges it authorizes.

   (1) Permits for people with disabilities.

      (i) Authorized parking areas. An operator of a vehicle bearing a valid New York City Special Parking Identification permit may park:

         (A) in any “No Parking” zone,

         (B) in any authorized vehicle zone, except in carshare parking space(s) and electric vehicle charging station(s),

         (C) at parking meters without using an authorized payment method, and

         (D) in “No Standing Except Trucks Loading and Unloading” or “Truck Loading Only” zones.

      Such special parking permit shall be displayed so that it is visible through the windshield.

      (ii) Prohibited parking areas. Such special parking identification permits do not authorize parking:

         (A) in a bus stop,

         (B) in a taxi-stand,

         (C) within 15 feet of a fire hydrant,

         (D) in a fire zone,

         (E) in a driveway,

         (F) in a crosswalk,

         (G) in a no stopping zone,

         (H) in a no standing zone,

         (I) double parking,

         (J) in carshare parking space(s),

         (K) in any “Ambulette”, “Ambulance”, “Access-A-Ride”, “Medical Facility” zone or combination thereof,

         (L) in a For-Hire-Vehicle stand, or

         (M) in electric vehicle charging station(s).

      (iii) Issuance of permits. The Special Parking Identification permit shall be issued by the Commissioner or his/her designee to a New York City resident certified by the Department of Health or a provider designated by the Department or the Department of Health, who shall make such certification in accordance with standards and guidelines prescribed by the Department of Health, as having a permanent disability seriously impairing mobility, who requires the use of a private automobile for transportation and to a non-resident similarly certified who requires the use of a private automobile for transportation to a school in which such applicant is enrolled or to a place of employment. A permit shall also be issued to such person upon application made on such person’s behalf by a parent, spouse, domestic partner as defined in New York City Administrative Code § 1-112(21), guardian, or other individual having legal responsibility for the administration of such person’s day to day affairs. The permit may include no more than ten (10) license plate numbers for the vehicle(s) which will be used to transport the permittee. Upon application for a permit, applicant shall submit to the department a copy of the vehicle registration for each license plate which will be registered on the permit. Any vehicle displaying such a permit shall be used exclusively in connection with parking a vehicle in which the person to whom it has been issued is being transported or will be transported within a reasonable period of time.

      (iv) Replacement permits. In case of a lost or stolen permit, the permittee must, upon request for a replacement, submit to the department a copy of a valid police report. In case of a stolen vehicle which is registered on the permit, permittee must submit to the department a copy of a valid police report. In the event a vehicle registered on the permit is unable to be used as a result of an accident or mechanical defect, a substitution of plates will be permitted only if the permittee has three or fewer plates registered on the permit. The permittee must provide proof to the department of the inability to use the vehicle. If the permittee has four or more plates registered on the permit, no temporary substitution will be allowed.

      (v) Revocation or Suspension. Any abuse by any person of any privilege, benefit or consideration granted by such permit, will be sufficient cause for revocation or suspension of said permit.

         (A) If the Department determines that a permit holder has abused a permit, the Department will issue a notice of intent to revoke or suspend the permit. The Department will send such notice to the permit holder by mail, and the notice will state the grounds for the proposed revocation or suspension. The notice will also inform the permit holder that he or she has an opportunity to be heard, either in-person or by teleconference.

         (B) Grounds for suspension or revocation shall include, but not be limited to the following:

            (1) Use of the permit that does not meet the requirements of section 2903(15)(a) of the New York City Charter, which states: “Any vehicle displaying such permit shall be used exclusively in connection with parking a vehicle in which the person to whom it has been issued is being transported or will be transported within a reasonable period of time.”

            (2) Transfer of the permit, copying of the original permit, use of a copied permit, or refusal to return an expired permit after receipt of a new permit.

         (C) If the permit holder wants an opportunity to be heard, the permit holder must submit a request to the Department in writing. The Department must receive such request within thirty (30) calendar days of the date of the Department’s notice. If the Department does not receive a written request for an opportunity to be heard within thirty (30) calendar days of the date of the Department’s notice, the Department will revoke or suspend the permit.

         (D) If the permit holder submits a timely written request for an opportunity to be heard, the Department will schedule such opportunity to take place no later than thirty (30) calendar days from the date that the Department receives the permit holder’s request. The Department will notify the permit holder of the date of the opportunity to be heard by mail.

         (E) The permit holder may make a written request to receive copies of the evidence used by the Department in its decision making. Such request must be received by the Department at least fourteen (14) calendar days in advance of the date of the opportunity to be heard. The Department will provide a copy of the evidence in the manner requested by the permit holder (e.g. mail, email, or in-person) no later than seven (7) days prior to the date of the opportunity to be heard.

         (F) Requests for rescheduling, by either the permit holder or the Department, of the opportunity to be heard must be received by the other party at least forty-eight (48) hours in advance of the originally scheduled date. If the request for rescheduling is agreed upon by both the permit holder and the Department, a new date will be scheduled within fourteen (14) days of the original date as agreed upon by the permit holder and Department.

         (G) The opportunity to be heard will be conducted by a designee of the Commissioner. The designee will (1) review the Department’s decision to issue the notice of intent to revoke or suspend the permit, and (2) provide an opportunity for the permit holder to present reasons and evidence why the revocation or suspension is not warranted. The designee will issue findings of fact and a recommendation following the opportunity to be heard.

         (H) Within thirty (30) days of the opportunity to be heard, the Commissioner, or his or her designee, other than the designee who conducted the opportunity to be heard and issued the recommendation, will issue a final decision. The final decision will include such findings of fact and recommendation of the person who conducted the opportunity to be heard and will accept, reject or modify that recommendation. The Department will send the final decision to the permit holder via mail within five (5) calendar days. The final decision will constitute a final agency determination.

   (2) Municipal parking permit. A municipal parking permit licenses the permittee to park one automobile at the permittee’s risk in the area designated by signs. Fees charged are for the use of a parking space in the designated facility only. Only a license to park is granted by this permit and no bailment is created. The Department of Transportation assumes no responsibility for loss due to fire, theft, collision or otherwise to the car or its contents.

      (i) A municipal parking permit must be displayed when parked in authorized spaces, and in such a manner that the permit is visible through the left side of the windshield.

      (ii) A municipal parking permit is to be displayed only on vehicles bearing license plate numbers on file at the Bureau of Parking. For license plate changes call the Permit Section of the Bureau of Parking, weekdays (10 AM to 4 PM).

      (iii) A municipal parking permit is to be displayed only when a vehicle is parked in areas reserved for use of this permit.

      (iv) Failure to comply with the above regulations will result in a summons.

   (3) Agency-Authorized permits for parking in contradiction to rules on City streets. Agency-Authorized permits are issued by the Department of Transportation or any other agency authorized by the Department. Permits may be issued to non-profit organizations for certain essential purposes such as medical services, blood delivery and human services programs and to governmental agencies and officials for governmental purposes. Permits may be issued when the vehicle is essential to the performance of organizational functions. Such permits shall be displayed in a place where it is visible through the vehicle’s windshield only when a vehicle is parked in areas specified on the permit or electronically linked to the permit unless the permit is affixed to the vehicle by the department or an agency authorized by the department.

      (i) Parking permitted. Parking with agency-authorized permits and the display of a permit in the windshield of a vehicle or, where applicable, a permit affixed to the vehicle by the department is permitted in areas specified on or electronically linked to the permit and may include some or all of the following:

         (A) Parking meters,

         (B) Truck loading and unloading zones,

         (C) Authorized vehicle zones, when the organization or agency named on the permit is indicated on the signs, and

         (D) “No Parking” areas.

      (ii) Parking not permitted. Parking with and display of agency-authorized permits in the windshield of a vehicle or, where applicable, a permit affixed to the vehicle by the department or any agency authorized by the department is not permitted at:

         (A) “No Standing” areas.

         (B) “No Stopping” areas.

         (C) Fire hydrants.

         (D) Bus stops.

         (E) Areas on the roadway side of a vehicle stopped, standing, or parked at the curb (i.e., Double parking).

         (F) Driveways.

         (G) Bridges and highways.

         (H) Areas where a traffic hazard would be created.

         (I) Carshare parking space(s).

      (iii) Duration. Agency-authorized permits are issued for the minimum hours and days essential for the activity. Such permits are issued on an annual basis on dates determined by the Department of Transportation.

      (iv) Misuse and fraudulent use of parking permits. A violation of this sub-paragraph (iv) will be issued in addition to any other violation issued for parking in contravention of posted signs or written regulations. It shall be unlawful:

         (A) to display an agency-authorized permit in the windshield of a vehicle or, where applicable, a permit affixed to the vehicle by the department or any agency authorized by the department and park with the intent to avoid compliance with posted signs or written regulations. In any proceeding relating to the violation of this provision such intent shall be implied where:

            1. the permit displayed in the windshield of the vehicle or, where applicable, the permit affixed to the vehicle by the department or any agency authorized by the department does not authorize parking in such space in contravention of posted signs or written regulation.

            2. the permit is displayed on a vehicle other than the one described in the permit.

            3. the permit displayed in the windshield of the vehicle is copied, altered, or displayed in a manner that obscures the locations to which it applies.

            4. the permit displayed in the windshield of the vehicle or where applicable the permit affixed to the vehicle by the department or any agency authorized by the department is expired, suspended or revoked.

         (B) to display a fraudulent parking permit in the windshield of a vehicle and park in contravention of posted signs or written regulations. For the purposes of this section, a fraudulent parking permit may be a counterfeit of a Department-issued permit, resemble an official Department permit or contain language falsely purporting to authorize parking in areas restricted by posted signs or written regulations.

      (v) Revocation of an agency-authorized permit. The Commissioner or their designee may, at their discretion, revoke or suspend agency-authorized permits.

         (A) Notice. Except as otherwise provided herein prior to revocation or suspension the permit holder will be notified of the proposed suspension or revocation and the grounds and may appeal such determination in accordance with item (B) within 15 days after the date set forth in such notice. If no appeal is filed within such 15 day period such revocation or suspension shall be effective upon the conclusion of the time for appeal. If an appeal is filed within such 15 day period such revocation or suspension shall be effective upon notice of the determination of the appeal unless such determination is in favor of the permittee. Notwithstanding the foregoing where the Commissioner finds that the continued use of an agency-authorized permit is a danger to public safety, such revocation or suspension shall be effective immediately upon the date of notice of the suspension or revocation of such permit. Grounds for revocation or suspension will include:

            1. Three or more violations of this Subdivision (o);

            2. Any violation of Administrative Code § 19-166; or

            3. Unpaid parking or traffic violations associated with the license plate or individual permit holder in excess of $350.

         (B) Appeal. A permit holder may appeal the determination to revoke or suspend an agency-authorized permit in writing within fifteen (15) days after the date of a notice provided in accordance with item (A) in the manner described in such notice. The Department will respond to the appeal within sixty (60) days except that where the revocation or suspension was effective immediately upon the date of such notice the Department shall respond to such appeal within fifteen (15) days.

      (vi) Refusal to issue or renew an agency-authorized permit. The commissioner or their designee may refuse to issue or renew an agency-authorized permit for any of the grounds set forth in Subparagraph (v) that apply to the revocation or suspension of such permit.

   (4) Single issue permits for parking in contradiction to rules on city streets. Single issue permits are issued by the Department of Transportation or any other agency authorized by the Department to for-profit and not-for-profit medical, blood and human service programs; press events; bus operators parking pursuant to paragraph (6) of subdivision (l) of this section; and concerts, film production companies, special events and emergencies. Such permits shall be displayed so that they are visible through the windshield.

      (i) Information required. The request for such a single issue permit shall be made in writing to the Department of Transportation and must include:

         (A) Date(s) of the event,

         (B) Hours,

         (C) Location,

         (D) Number and size of vehicles, and

         (E) License plates or identifying markings of the vehicles.

      (ii) Parking permitted. Parking with single issue permits is permitted in areas specified on or programmed into the permit and may include some or all of the following:

         (A) Parking meters,

         (B) Truck loading and unloading zones,

         (C) Authorized vehicle zones, except in carshare parking space(s),

         (D) “No Parking” areas, and

         (E) No Standing/Parking Except Authorized Buses or Buses with Permit Only.

      (iii) Parking not permitted. Parking with single issue permits is not permitted at:

         (A) “No Standing” areas,

         (B) “No Stopping” areas,

         (C) Fire hydrants,

         (D) Bus stops,

         (E) Double parking,

         (F) Driveways,

         (G) On bridges and highways,

         (H) In carshare parking space(s), and

         (I) Areas where a traffic hazard would be created.

      (iv) Duration. Single issue permits are issued for the minimum hours and days essential for the event. The Commissioner or his/her designee may, at his/her discretion, issue, extend or revoke these permits.

   (5) Clergy parking permits.

      (i) Definitions.

         Funeral establishment. A place devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.

         Hospital. A general hospital, nursing home or hospice in-patient facility certified pursuant to the public health law or a psychiatric center established pursuant to § 7.17 of the mental hygiene law.

         House of worship. A building or space owned or leased by a religious corporation or association of any denomination or used by a religious corporation or association of any denomination pursuant to the written permission of the owner thereof, which is used by members principally as a meeting place for divine worship or other religious observances presided over by a member of the clergy and which is classified in occupancy group F-1(b) pursuant to article eight of subchapter three of chapter one of title twenty-seven of the New York City Administrative Code. Such term shall not include a dwelling unit as defined in the housing maintenance code.

         Member of the clergy. A clergyperson or minister as defined in the religious corporations law including, but not limited to, a pastor, rector, priest, rabbi or imam who officiates at or presides over services on behalf of a religious corporation or association of any denomination and works an average of at least twenty hours per week on behalf of such religious corporation or association.

         Passenger car. Notwithstanding any other provision of these rules, for the purposes of this paragraph (5), a passenger car shall mean a motor vehicle, lawfully registered in any state, designed and used for carrying not more than fifteen people, including the driver. Such term shall not include a vehicle licensed to operate pursuant to chapter five of title 19 of the New York City Administrative Code or a commercial vehicle as defined in § 19-170 of the Code.

      (ii) Application requirements.

         (A) The religious corporation or association applying for a permit on behalf of a member of the clergy shall submit an application on a form to be provided by the department and signed by an officer of the corporation or association or by a person otherwise authorized to act on behalf of the corporation or association. Such application shall be accompanied by a copy of a deed or lease and a certificate of occupancy indicating classification in occupancy group F-1(b) (plus the type of house of worship) for the New York City house of worship used by the religious corporation or association. In the absence of a deed or lease, the religious corporation or association shall submit a sworn written statement of the owner of the house of worship attesting to the fact that said religious corporation or association has the permission of said owner to use the premises as a house of worship. In the event a house of worship was constructed prior to the existence of a certificate of occupancy or occupancy group F-1(b) so that a certificate of occupancy is not available, the religious corporation or association shall submit such other documentation as the department may require.

         (B) The religious corporation or association shall, on behalf of a member of the clergy, submit a copy of title, registration or lease in the member of the clergy’s name or in the name of a religious corporation or association employing such member of the clergy for a vehicle lawfully registered in any state to be covered by a permit. Such religious association or corporation shall, on behalf of a member of the clergy, also submit a copy of a current automobile insurance identification card for such vehicle.

         (C) The religious corporation or association shall certify on a form provided by the Department that only the member of the clergy on whose behalf the application is made will use such permit, that such use will occur only while the member of the clergy is performing official duties at a funeral establishment or the house of worship at whose services such member of the clergy officiates or presides or while performing such official duties at a hospital, that such member of the clergy works an average of at least twenty hours per week on behalf of such religious corporation or association, that such member of the clergy possesses a valid driver’s license from any state and that such member of the clergy otherwise qualifies for the benefits of this permit.

         (D) In addition, the religious corporation or association shall submit any other documents deemed necessary by the Department.

      (iii) Parking permitted. Parking is permitted only in “No Parking” areas designated by posted sign for up to five hours on a roadway adjacent to the house of worship’s address as it appears on the permit, for up to three hours on a roadway adjacent to a hospital when the member of the clergy is performing official duties at such hospital, or for a period of up to four hours on the roadway adjacent to a funeral establishment when such member of the clergy is performing official duties at such funeral establishment. For the purposes of this paragraph, only those portions of a roadway corresponding to the shaded areas on the diagrams below shall be considered adjacent to a house of worship or hospital or funeral establishment.

      (iv) Issuance of permit. Only one permit shall be issued to any religious corporation or association. The front of such permit shall include the license plate numbers of up to three passenger cars, as defined in subparagraph (i), above, that are owned, registered or leased by the members of the clergy for whose benefit the religious corporation or association has applied for such permit or by the religious corporation or association employing such member of the clergy. No permit shall be issued with the license plate number of any vehicle that has one or more summonses in judgment according to the records of the New York City Parking Violations Bureau.

      (v) Duration. Permits issued in accordance with this paragraph (5) shall be valid for one year, unless revoked pursuant to subparagraph (viii).

      (vi) Renewal. Sixty days prior to the expiration of the permit, the religious corporation or association may apply for a renewal by completing a form provided by the Department.

      (vii) Replacement permits.

         (A) In case of a lost or stolen permit, the religious corporation or association shall, upon request for a replacement, submit to the Department a copy of a valid police report. In the case of a stolen vehicle containing a permit that was also stolen, the religious corporation or association shall submit a copy of a valid police report for the stolen vehicle, which report also lists the permit as stolen.

         (B) To receive a replacement permit with a changed license plate number or an additional plate number up to a total of three, the religious corporation or association shall supply the documentation required by subparagraphs (B), (C) and (D) of paragraph (ii), above, in addition to the police report, if applicable. Changes to the permit may only be made by the Department.

      (viii) Revocation. A member of the clergy who engages in or allows the improper use or alteration of a permit issued pursuant to this paragraph may be excluded from the benefits of this paragraph. The department shall mail written notice to the religious corporation or association with which such clergy member is associated of the improper use of a permit issued to such corporation or association. The religious corporation or association may submit a response within ten days of the date of mailing of such notice. After ten days from the date of mailing of such notice, the department may send notice to the religious corporation or association of the exclusion of a member from the permit and the corporation or association shall forthwith return the permit to the department. If the permit contains more than one license plate number, the license plate number of the vehicle of the excluded member shall be deleted and the department shall promptly reissue the permit with the remaining license plate numbers. If the permit contains only the license plate number of the excluded member, the religious corporation or association may submit an application for a new permit pursuant to this paragraph. The member of the clergy who engaged in or allowed such improper use shall not be eligible for inclusion in any future application submitted pursuant to this paragraph.

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   (6) Permit for Carshare Parking.

      (i) Definitions. For the purposes of this section, these are the meanings of the following terms:

         Carshare organization or CSO. The term “carshare organization” or “CSO” means an organization that operates a program in which access to a fleet of vehicles is provided to members of the organization on an hourly or other short-term basis.

         Carshare vehicle. The term “carshare vehicle” means a vehicle used by a carshare organization member that is owned or leased and registered by the carshare organization.

         One-way carshare service. The term “one-way carshare service” means a system where a carshare member can pick up a carshare vehicle at one location and drop it off at the end of the trip at a curbside location within the CSO’s service area.

         Round-trip carshare service. The term “round-trip carshare service” means a system where a carshare member must drop off each carshare vehicle at the same location where it was picked up in order to complete the trip.

         Carshare parking space. The term “carshare parking space” means a location on-street or in a municipal parking facility that the Department reserves for the exclusive use by a carshare organization and its members.

         Equity parking space. The term “equity parking space” means a carshare parking space that the Department has identified as underserved by existing carshare service within an area whose median income is lower than the citywide median income as published by the U.S. Census Bureau American Community Survey.

         Carshare parking zone. The term “carshare parking zone” means an area within a neighborhood in which the Department allocates on-street carshare parking spaces.

         Hand control adapted carshare vehicle. The term “hand control adapted carshare vehicle” means a vehicle equipped with permanently installed hand controls allowing for the use of the vehicle by carshare members with mobility impairments. These hand controls must have the capability of being activated and deactivated for carshare members’ needs and must not prevent the operation of the vehicle using foot pedals.

         Municipal parking facility. The term “municipal parking facility” means a City-owned parking facility regulated by the Department and operated by the City or by a contractor on behalf of the City that is available for public use. The term “municipal parking facility” does not include any parking facility operated by a City agency that is intended for use exclusively by agency employees or by the public to conduct business with the agency.

      (ii) Permit required. A CSO must obtain a permit from the Department for its members generally to use any carshare parking space, either on-street or in a municipal parking facility that has been designated as part of the carshare program.

      (iii) Permit fee. In order to participate in the Department’s carshare program, a CSO must pay an application permit fee of $765 per CSO. For carshare parking spaces in municipal parking facilities, a CSO must also pay a quarterly or monthly permit fee charged by each municipal parking facility, which is posted on the Department’s website.

      (iv) Application. An application for a permit must be submitted on a form prescribed by the Department which will include, but not be limited to, the following information:

         (A) Legal name of the CSO; its “Doing Business As” (DBA) certificate; certified copy of the Certificate of Incorporation and proof of registration with the New York State Department of State; company address; contact name; contact telephone number; contact e-mail address;

         (B) Proof of automobile insurance for all carshare vehicles intended for use in a carshare parking space;

         (C) Make, model, length, and combined city/highway miles per gallon (MPG) according to the U.S. Environmental Protection Agency’s MPG ratings of vehicles intended for use in a carshare parking space;

         (D) Information about the CSO’s New York City-specific operations, including carshare vehicle fleet size, how the CSO intends to incorporate carshare parking space(s) into its operational model, and whether the CSO intends to participate in Round 2 or 3 of the carshare parking permit assignment for on-street carshare parking spaces, as specified in Subparagraph (vii) of this paragraph.

      (v) Review of applications for and issuance of permits.

         (A) The Department will decline to issue a permit to a CSO applicant that:

            1. Is in arrears to the City of New York for an amount totaling more than one thousand dollars;

            2. Does not provide automobile insurance as part of their carshare vehicle rental price;

            3. Uses vehicles that are not owned or leased by the CSO;

            4. Does not allow its carshare vehicles to be rented on an hourly or in smaller time intervals, and at rates which vary by time, and/or distance; or

            5. Does not have a fleet of carshare vehicles in operation in New York City by the date the permit application is due.

         (B) If the Department declines to issue a permit because of any of the conditions described in subparagraph (A) above or if the application is incomplete, the applicant will have fifteen days from receipt of the denial to appeal the determination. The Department will make a final determination on the appeal within thirty days.

         (C) Conditions of permit. The permit holder must:

            1. Indemnify the City against legal liabilities associated with the use of the curb for carshare operations;

            2. Provide a vehicle with professionally installed hand controls to any carshare member within 48 hours of that member’s request;

            3. Share and regularly report to the Department the data specified in Subparagraph (xiii) of this paragraph;

            4. Actively use on-street carshare parking spaces at all times to provide carshare services with reasonable allowances for carshare vehicle maintenance;

            5. Actively use carshare parking spaces in municipal parking facilities at all times the facility is open for public use to provide carshare services with reasonable allowances for carshare vehicle maintenance;

            6. Present to the Department an outreach plan incorporating the demographics and languages spoken within the carshare parking zones;

            7. Select at least 20% of allotted carshare parking spaces from available equity parking spaces;

            8. Comply with all applicable parking regulations, including but not limited to regulations relating to construction activities and street closures;

            9. Pay any parking fines received or any towing fees and fines if carshare vehicles are towed;

            10. Provide the Department with a thirty-day notice if a permit holder decides to discontinue service at a carshare parking space;

            11. Display the carshare permit holder’s name prominently on each carshare vehicle using a carshare parking space;

            12. Promptly notify the Department of any changes to the information provided in its application; and

            13. Comply with all applicable laws, rules and regulations related to the operation of carshare.

      (vi) Carshare parking permit assignment for carshare parking spaces in municipal parking facilities.

         (A) The Department will provide a map of municipal parking facility locations, and specify the number of carshare parking spaces, including those with electric charging stations, available in each facility.

         (B) Based on the permit applications received and the CSO’s one-way or round-trip service type, the Department will notify CSOs of their eligibility for the available carshare parking spaces in municipal parking facilities.

         (C) Qualified CSOs will identify which municipal parking facilities they prefer, and how many carshare parking spaces in each, with a minimum of two spaces in any one facility.

         (D) The Department will allocate spaces to qualified CSOs within each facility until all interested CSOs have received their requested number of spaces, or have received a minimum of two spaces each.

         (E) For those municipal parking facilities where there are not enough available spaces to accommodate the request for at least two spaces by each qualified and interested CSO, the Department will assign the carshare parking spaces in pairs using a multi-round selection process based on a rank order chosen randomly. The CSO selection order will be re-established for each facility where there are not enough available spaces to accommodate the request for at least two spaces by each qualified and interested CSO.

      (vii) Carshare parking permit assignment for on-street carshare parking spaces.

         (A) Based on the permit applications received, the Department will notify CSOs of their eligibility and the total number of carshare parking space(s) for which they are eligible based on their New York City vehicle fleet size and one-way or round-trip service type.

         (B) All qualified CSOs will be eligible for a minimum allotment of 10% of their New York City vehicle fleet size or ten carshare parking spaces, whichever is less. The Department will also provide a map of available carshare parking spaces. Where possible, on-street carshare parking spaces will be sited and selected in pairs.

         (C) Twenty percent of all carshare parking spaces selected by each qualified CSO must be equity parking spaces. CSOs providing one-way service must provide service to the entire carshare parking zone in which an equity parking space is located to meet this requirement.

         (D) Each qualified CSO must submit one list ranking all feasible carshare parking spaces by preference. CSOs must assign a rank to all spaces where they are able and willing to provide service, regardless of the total number of permits for which they are applying and are eligible, to ensure each CSO has an adequate list of options for allocation.

         (E) Spaces will be distributed to CSOs in a series of selection rounds in which CSOs are allocated their highest available preference in a rotating order.

         (F) If a CSO’s preferred carshare parking space has already been assigned to another CSO, the Department will assign that CSO their next highest carshare parking space preference that is available. The selected carshare parking spaces will thereafter be removed from the list of available carshare parking spaces. The selection process for each round will continue until all of the available carshare parking spaces are distributed.

         (G) For Rounds 2 and 3 detailed below, the Department will not assign more than 60 total carshare parking spaces.

         (H) The assignment will be organized into rounds as follows:

            1. Round 1: The Department will allocate equity parking spaces by selecting the highest ranking available preference for each CSO in an equity parking space in a series of selection rounds until each CSO has reached 20% of its total allocation.

            2. Round 2: In addition to the total number of carshare parking spaces for which a CSO is eligible, a CSO will have the opportunity to secure additional carshare parking spaces by providing hand control adapted carshare vehicles. The Department will review proposed hand control adapted carshare vehicle plans and, at its discretion, distribute an allotment of carshare parking spaces to CSOs based on that CSO’s next highest submitted preferences.

            3. Round 3: In addition to the total number of carshare parking spaces for which a CSO is eligible, a CSO will have the opportunity to secure additional carshare parking spaces by providing a discount to New York City Housing Authority residents, New York City Section 8 Housing voucher recipients, or proposing for Department approval alternative discount plans for individuals meeting similar income criteria. The Department will review proposed discount plans and, at its discretion, distribute an allotment of carshare parking spaces to CSOs based on that CSO’s next highest submitted preferences.

            4. Round 4: The Department will assign each CSO carshare parking spaces based on their submitted preferences until each CSO has obtained its allocated carshare parking spaces, or until the total number of carshare parking spaces has been assigned, whichever is first.

      (viii) Sign installation and carshare parking space maintenance.

         (A) The permit holder must provide to the Department a vector file graphic of its company logo to be incorporated into signs no later than five days after the permit for a carshare parking space is approved.

         (B) The Department will install all signage for all carshare parking spaces.

         (C) For on-street carshare parking spaces, permit holders will clean the City’s public streets and roads within the carshare parking spaces and 10 feet on either side of the carshare parking space. Maintenance responsibilities will include the following:

            1. Sweeping at least once per week or pursuant to the frequency of street sweeping on the block face on which the on-street carshare parking space is located, whichever is greater.

            2. Removing snow and ice as specified in the permit.

            3. Maintaining the signs so that they are unobstructed and free of dirt, stickers, and graffiti.

            4. Keeping records of the maintenance for carshare parking spaces, including date, time, and scope of maintenance.

         (D) Any additional maintenance responsibilities will be provided by the Department with a thirty-day notice to the permit holder.

         (E) Permit holders’ maintenance responsibilities extend through the length of the permit for any carshare parking spaces.

      (ix) Relocation of carshare parking spaces. The Department has the right to relocate a carshare parking space upon a thirty-day notice to the permit holder based on utilization rates, maintenance reports, and/or a request from a CSO. Wherever possible, the carshare parking space will be relocated within the same carshare parking zone and with feedback from the CSO.

      (x)    Temporary relocation or suspension of carshare parking spaces.

         (A) The use of on-street carshare parking spaces may be temporarily suspended for up to thirty business days due to construction or street repaving, or special events including but not limited to film shoots, street fairs, parades, or block parties.

         (B) When suspensions are expected to last longer than thirty business days, the Department will temporarily relocate the carshare parking spaces to a new, approved location.

         (C) The Department may remove or temporarily relocate a carshare parking space for reasons attributable to public safety or other emergency or temporary needs as it deems appropriate.

         (D) The permit holder will be responsible for moving the carshare vehicle from the carshare parking space under the circumstances identified in clauses A, B, and C of this subparagraph.

      (xi) Relocation of impermissibly parked vehicle. If a vehicle is impermissibly parked in an on-street carshare parking space, a CSO, at its sole cost and expense, may relocate the impermissibly parked vehicle to the nearest available lawful on-street parking space.

         (A) For the purposes of this subparagraph, an “impermissibly parked vehicle” means a vehicle located in an on-street carshare parking space, where the logo and name indicated on the sign does not bear the same logo and name as the vehicle.

         (B) If a CSO chooses to relocate impermissibly parked vehicles, it must establish a Department-approved means of relocating such vehicles and notifying owners of such vehicles where their vehicles have been relocated.

      (xii) Suspension, reassignment, and revocation of permits.

         (A) The Department may suspend or revoke a permit for failure to comply with any of the terms and conditions of the carshare parking permit, these rules, or other applicable law or rule.

         (B) Prior to suspending or revoking a permit, the permit holder will be provided with an opportunity to be heard within five business days.

         (C) In the event that the Department revokes a permit, the permit holder must remove the carshare vehicle from the carshare parking space within 24 hours of revocation.

      (xiii) Data reporting requirements.

         (A) Each permit holder must deliver a quarterly report to the Department by the 15th day of the month following the end of the quarter, containing the data described below and in a form that is prescribed by the Department.

         (B) The report shall include the following categories of data:

            1. Membership;

            2. Fleet composition;

            3. Use of CSO fleet;

            4. Use of carshare parking spaces and municipal parking facilities; and

            5. Survey of carshare members as designed by the Department. This survey may include, but not be limited to, the creation of carshare member Ids that are unique to each member but do not contain personal information.

  1. Engine idling.

   (1) Idling of vehicle engines generally prohibited. Except as provided for in paragraphs (2) and (3) of this subdivision, no person shall cause or permit the engine of any vehicle, other than an authorized emergency vehicle, to idle for longer than three minutes while parking, standing or stopping unless the engine is being used to operate a loading, unloading or processing device.

   (2) Idling of bus engines prohibited. No person shall cause or permit the engine of any bus to idle at a layover or terminal location, whether or not enclosed, when the ambient temperature is in excess of forty (40) degrees Fahrenheit. When the ambient temperature is forty (40) degrees Fahrenheit or less, no person shall cause or permit any bus to idle for longer than three minutes at any layover or terminal location. For the purpose of this rule, at a layover or terminal location a bus engine shall not be deemed to be idling if the operator is running the engine in order to raise the air pressure so as to release the air brakes, provided however, that this shall not exceed a period of three minutes.

   (3) Idling of vehicle engines next to schools.

      (i) For the purposes of this paragraph, the term “school” shall mean any public school under the jurisdiction of the New York city department of education, or any non-public school that provides instruction to students in any grade from prekindergarten to the twelfth grade.

      (ii) No person shall cause or permit the engine of any vehicle, other than an authorized emergency vehicle, to idle for longer than one minute if the vehicle is next to a school, while parking, standing or stopping, unless the engine is being used to operate a loading, unloading or processing device, and provided that idling of an engine of a school bus may be permitted as needed:

         (A) for mechanical work;

         (B) to maintain an appropriate temperature for passenger comfort; or

         (C) in emergency evacuations where necessary to operate wheelchair lifts.

§ 4-09 Equipment.

(a) Brakes. No person shall operate or park a motor vehicle unless such vehicle is in compliance with § 375(1) of the Vehicle and Traffic Law.
  1. Lights while driving.

   (1) When the display of head lamps is required, no operator shall operate the vehicle with parking lights only. The operator shall use the lower beam of multiple beam head lamps, except that the upper beam may be used where the street is not lighted sufficiently to reveal any person, vehicle or substantial object straight ahead of such vehicle for a distance of at least 350 feet, and provided that there is no vehicle within 500 feet approaching from the direction ahead.

   (2) No person shall operate a motor vehicle or motorcycle on any street at any time unless it is equipped with head lamps, rear lamps and reflectors complying with the provisions of §§ 375(2) and 376 of the Vehicle and Traffic Law.

  1. Colored lights prohibited. No operator of a motorcycle or motor vehicle, other than authorized emergency vehicles, shall operate said vehicle when displaying other than white or yellow lights visible from in front of the vehicle. No operator of an authorized emergency vehicle shall operate said vehicle when displaying other than white or yellow lights visible from in front of the vehicle except when actually engaged in emergency service.
  2. Lights on horse-drawn cabs and pushcarts. No person shall drive a horse-drawn cab or propel a pushcart in the roadway between sunset and sunrise unless such horse drawn cab or pushcart displays a white or yellow light visible from 200 feet directly in front and a red light visible from 200 feet directly to the rear.

§ 4-10 Buses.

(a) Franchise regulations.

   (1) Franchise required. No person shall operate or cause to be operated on any street a bus for the operation of which a franchise, consent, or certificate of convenience and necessity, order, or other authorization of any municipal, state, or federal authority is required, unless such franchise, consent, certificate of convenience and necessity, order or other authorization shall have been obtained. No person shall operate or move or cause to be operated or moved on any street a bus operating pursuant to a certificate of convenience and necessity, order or other written authorization of any state or federal authority for which operation of a franchise or consent of the Department of Transportation of the City of New York is not required, unless there shall be filed with the Commissioner, not later than two weeks after issuance, duly authenticated copies of such certificates, orders, authorizations and amendments thereto.

   (2) Franchise not required. Every person applying to any governmental authority other than the City of New York for authorization to operate a bus into or through the City of New York, for which operation or a franchise or consent of the Department of Transportation of the City of New York is not required, shall, within ten days after the date of submitting such application to such governmental authority, file a duly authenticated copy thereof with the Commissioner, and attach thereto a statement setting forth the address, by street and number, of any proposed off-street terminal or terminals to be used within the City of New York.

  1. Designated routes. No person shall operate or cause to be operated on any street a bus operating pursuant to a franchise or consent of the Department of Transportation of the City of New York which designates the route to be followed, except on the route so designated. No person shall operate or cause to be operated on any street any other bus, other than a charter bus, except over a route designated by the Commissioner in writing.
  2. Pickup and discharge of passengers and layovers.

   (1) Pickup and discharge of passengers at assigned bus stops. Except as provided in paragraph (2) below, no operator of a bus, except a charter or school bus, shall pick up or discharge passengers on a street except at a bus stop assigned for the use of that operator by the Department in writing. A bus may only stop at a location that has been assigned to it by the Department. Charter buses, school buses, buses licensed by the New York City Taxi and Limousine Commission, buses operated by the Metropolitan Transportation Authority or any of its subdivisions or buses operating pursuant to a contract or franchise with the City of New York are not required to obtain permits for bus stop assignments. For all other bus types, bus stop assignments will be made by the Department under a permit system in accordance with subdivisions (d) and (j) of this section. A charter bus may stop on a highway at points of origin and destination for the purpose of expeditiously receiving or discharging passengers, except where prohibited by sign or by the Department. While picking up or discharging passengers, a bus must be within twelve inches of the curb and parallel thereto, except where a bus stop is physically obstructed.

   (2) Pickup and discharge of passengers at locations other than assigned bus stops.

      (i) (A) At times and along those portions of bus routes assigned by the Department, an operator of a bus authorized to operate in the City of New York that provides local or express service along a bus route may discharge a passenger, on such passenger’s request, at a curbside location other than a bus stop as described in paragraph (1) above, provided that such location affords the passenger getting off the bus a safe point of departure from the bus and provided that complying with such request will not interfere with the flow of traffic.

         (B) Prospective passengers shall be picked up only at a bus stop as provided in paragraph (1) above.

         (C) The provisions of this subparagraph shall be clearly posted, in a format approved by the Department, in all buses authorized to discharge passengers between assigned stops.

         (D) Clause (A) of this subparagraph does not apply to intercity buses.

      (ii) A charter bus may stop on a highway at points of origin and destination for the purpose of expeditiously picking up or discharging passengers, except where prohibited by sign or by the Department.

   (3) Layovers. No operator of a bus shall make a bus layover, except in locations designated by sign or by the Department in writing. For the purposes of this rule, layover is defined as follows: for a bus without passengers a layover consists of waiting at a curb or other street location; for a bus with passengers a layover consists of waiting at a curb or other street location for more than five minutes. The Department may define the terms, including duration and authorized companies, for use of layover areas.

  1. Intercity Bus Permit System.

   (1) Permit Required. The owner or operator of an intercity bus must obtain an Intercity Bus Permit from the Department to be assigned an on-street bus stop location. A separate Intercity Bus Permit is required for each on-street bus stop location designated to such owner or operator.

   (2) Applications. An application must be filed with the Department for new Intercity Bus Permit(s) or the renewal of Intercity Bus Permit(s).

      (i) An application for new Intercity Bus Permit(s) or for the renewal of Intercity Bus Permit(s) must be submitted on a form provided by the Department, which will include, but not be limited to, the following information:

         (A) Name, address, telephone number, e-mail address and motor carrier number of the intercity bus owner or operator, United States Department of Transportation number and/or New York State Department of Transportation number for each bus that would use the proposed location(s).

         (B) Proposed on-street bus stop location(s) and two or more alternative locations for each proposed location.

         (C) Number of bus trips per day that would use the proposed location(s).

         (D) Proposed intercity bus schedule for the proposed location.

         (E) Final destination(s) of proposed bus service.

         (F) Number of passengers per bus anticipated for each bus trip.

         (G) Planned garage or other parking location of the bus during periods when the bus is not being used to pick up or drop off passengers.

         (H) The total number of buses that will be used for the permitted bus operations during the full permit term.

      (ii) Renewal applications must be submitted to the Department no earlier than six months and no later than three months prior to the expiration of an Intercity Bus Permit.

      (iii) The Department will have up to one hundred fifty days to make a determination on any new Intercity Bus Permit application.

      (iv) The Department will have up to ninety days to make a determination on any renewal Intercity Bus Permit application.

   (3) Review and issuance of permits.

      (i) The Commissioner may refuse to issue a permit to an applicant who:

         (A) Is in arrears to the City of New York for an amount totaling more than one thousand dollars;

         (B) Has been issued five of more violations pursuant to this subdivision;

         (C) Is currently under suspension of its authorization to operate by either the United States Department of Transportation Federal Motor Carrier Safety Administration and/or the New York State Department of Transportation.

      (ii) Owners or operators of buses operating intercity bus service who have been assigned on-street bus stop locations by the department that are still in effect upon the effective date of this subdivision will, upon application submitted to the department within thirty days of the effective date of this subdivision, be issued Intercity Bus Permits by the department for a term of up to three years. Such owners or operators who had previously been assigned on-street bus stop locations by the department and who submitted an application within such thirty day period may continue to use such assigned on-street bus stop locations for a period of up to ninety days from the effective date of this subdivision, or until the Intercity Bus Permit is issued by the department, whichever date is sooner. Intercity Bus Permits issued pursuant to this subparagraph are subject to all provisions of this subdivision.

      (iii) The Department will post on its website all approved on-street bus stop locations and a copy of all approved applications within thirty days of approval.

      (iv) On-street bus stop location assignment criteria. On-street bus stop assignments will be made based on the following criteria:

         (A) Traffic, pedestrian flow, and safety.

         (B) Preferences of the Intercity Bus Permit applicant.

         (C) Location of planned garage or other parking location during periods when the bus is not being used to pick up or discharge passengers.

      (v) Consultation about proposed on-street bus stop locations.

         (A) The Department will notify the local community board for the district encompassing the location of a proposed on-street bus stop at least forty-five calendar days prior to the issuance of an Intercity Bus Permit or the relocation of an assigned on-street bus location, in order to provide the community board the opportunity to comment on the proposed on-street bus stop location.

         (B) The Department will consult with the Metropolitan Transportation Authority, if the location of a proposed on-street bus stop overlaps with an existing Metropolitan Transportation Authority bus stop.

         (C) The Department will consult with the Port Authority of New York and New Jersey, if the location of a proposed on-street bus stop overlaps with an existing Port Authority of New York and New Jersey bus facility.

      (vi) If the Department refuses to issue a permit pursuant to subparagraph (i) of this paragraph, or disapproves of all of an applicant’s on-street bus stop location(s) requested in its application based on the bus stop assignment criteria in subparagraph (iv) of this paragraph, the applicant will have fifteen days to appeal such determination by the Department or submit alternative bus stop location(s). The Department will make a final determination on such appeal within thirty days.

   (4) Relocation of on-street bus stop locations. The Department may relocate an assigned on-street bus stop location based on the criteria provided in subparagraph (iv) of paragraph (3) of this subdivision and upon ninety days notice to the permit holder.

   (5) Permit fees. Permittees must pay an annual fee of thirty dollars for each scheduled weekly pick-up or drop-off listed on the Intercity Bus Permit issued by the Department. If the total permit fee exceeds $275 per vehicle used in the permitted bus operations, based on the documentation provided by permittee in its application, the permit fee will be reduced by the department to a maximum total of $275 per vehicle actually used in such permitted bus operations. If the permittee adds any buses to its operations not listed in its application pursuant to 34 RCNY § 4-10(2)(H) during the term of such permit, and if the permittee’s fee has already been reduced to a $275 per vehicle fee as provided for herein at the time of permit issuance, then the permittee shall be charged a fee of $275 for each additional vehicle.

   (6) Term of Intercity Bus Permits. Intercity Bus Permits will be issued for a term of up to three years.

   (7) Permittee obligations. All Intercity Bus Permit permittees must comply with the following obligations:

      (i) Promptly notify the Department of changes to information provided in its application.

      (ii) Prominently display a copy of the Intercity Bus Permit in each intercity bus operating pursuant to such Intercity Bus Permit.

      (iii) Display on each intercity bus using the designated location(s) the operator’s name, address and telephone number permanently affixed in characters at least five inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels. Permittees may also meet the display obligations by prominently marking buses in such a way that such markings clearly identify the bus operator when observed from the closest sidewalk that the bus stop at which the bus in question is stopped.

      (iv) Pick-up and discharge passengers only at on-street bus stops designated by the Commissioner for use by the permittee.

      (v) Not stop or stand in its assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers.

      (vi) Not alter any Intercity Bus Permit issued pursuant to this section.

      (vii) Notify the Department of the issuance of any violation by the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation within five days of the issuance thereof.

   (8) Suspension and revocation of Intercity Bus Permits.

      (i) The Department may suspend or revoke an Intercity Bus Permit for failure to comply with any of the requirements of this subdivision or in the event of suspension or termination of the authorization to operate its buses by either the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation.

      (ii) Prior to suspending or revoking an Intercity Bus Permit the Department will give the permittee an opportunity to be heard with at least two business days notice.

      (iii) If the Department determines that an imminent peril to life or property exists, including but not limited to, if any permittee’s driver has been issued a violation for driving while intoxicated or driving under the influence pursuant to the New York State Vehicle and Traffic Law, or if a permittee’s bus has been involved in an accident resulting in a fatality, the Department may suspend or revoke an Intercity Bus Permit without providing the permittee an opportunity to be heard prior to such suspension or revocation. Upon request of the permittee, the Department will provide the permittee an opportunity to present its objections to such suspension or revocation within five business days after the Department receives the request. Any such request by a permittee must be made within thirty business days of such suspension or revocation.

   (9) Temporary relocation of intercity on-street bus stops. The Department may temporarily relocate a designated intercity on-street bus stop location for a period of up to ninety days for reasons of public safety or other emergency or temporary need as determined by the Department. The Department will notify the local community board for the district encompassing the location within thirty days of such temporary relocation.

  1. Routes.

   (1) Operators of empty buses and buses with “charter,” “special,” “contract carriage” or similar non-route specific authority given by the City of New York, the Department of Transportation, the Interstate Commerce Commission, or other legally authorized body, must adhere to the truck routes as described in 34 RCNY § 4-13, or other additional bus routes, except that an operator may operate on a street not designated as a truck route or bus route for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route or bus route at the intersection that is nearest to his/her destination, proceeding by the most direct route, and then returning to the nearest designated truck route or bus route by the most direct route. If the operator has additional destinations in the same general area and there is no designated truck route or bus route that can be taken to the next destination, the operator may proceed to his/her next destination without returning to a designated truck route or bus route. The operator shall have in his/her possession throughout each trip a route slip, or similar document, showing the points of origin and destination of the trip. Upon the request of a law enforcement officer, or other authorized person, the bus operator shall present for inspection the above stated document or documents.

   (2) Notwithstanding the provisions of 34 RCNY § 4-10 paragraph (e)(1) above, no operator of a bus as described in paragraph (1) shall operate his/her vehicle upon any of the streets within the area served by the limited local truck route network in Staten Island as described in 34 RCNY § 4-13(c), except for the purpose of arriving at a destination within the area served by the network. This shall be accomplished by using a designated truck route or bus route to the closest limited local truck route to the destination, using this limited local truck route to the intersection that is nearest to the destination. The operator shall then continue via the most direct route to the closest designated limited local truck route and then to the closest designated truck route or bus route. If the operator has additional destinations in the same general area, and there is no designated truck route, limited local truck route, or bus route that can be taken to the next destination, he/she may proceed to his/her next destination without returning to a designated limited local truck route.

  1. Required inspection of buses. No person shall operate or cause to be operated on any street any bus required by law, ordinance, resolution, or rule of any municipal, state, or federal authority to display a certificate, disc, sticker, poster, or other insignia evidencing that such bus has been inspected and is mechanically fit, or has been bonded or insured, or that prescribed fees have been paid, unless such a certificate, disc, sticker, poster or other insignia, currently valid, shall be displayed in the lower right hand corner of the interior surface of the windshield of such bus. In the event it is required that any writing be placed on any such certificate, disc, sticker, poster, or other insignia by someone other than a public official, no person shall operate or move or cause to be operated or moved on any street any such bus unless such writing shall have been placed on such certificate, disc, sticker, poster, or other insignia in black ink and in letters or numbers no less than one inch in height and three-fourths of an inch in width.
  2. Leased and rented buses. No person shall operate or cause to be operated a bus leased, rented, or borrowed from another person unless there is marked on the side of the bus in letters at least three inches in height the words “chartered by” followed by the name of the person operating such leased, rented, or borrowed bus. Notwithstanding the foregoing, buses leased, rented or borrowed from the City of New York shall not be required to have such markings.
  3. Limitation on backing buses. No person shall back any bus from or into any street or across or along any sidewalk.
  4. Bus parking on streets prohibited. No person shall park a bus at any time on any street within the City, unless authorized by signs, except that a charter bus may park where parking is otherwise permitted at point of destination.
  5. Bus Stop Permits for Non-Intercity Buses.

   (1) Permit Required. The owner or operator of a sight-seeing bus, shuttle bus, or public transportation bus, that makes on-street stops to pick up or discharge passengers in the City of New York must obtain a Bus Stop Permit from the Department for each on-street bus stop location. This subdivision does not apply to charter buses, school buses, buses operated by the Metropolitan Transportation Authority or any of its subdivisions or buses operating pursuant to a contract or franchise with the City of New York.

   (2) Applications. An initial application for Bus Stop Permit(s) and a renewal application for Bus Stop Permit(s) must be filed with the Department on a form provided by the Department.

      (i) Applications must include, but not be limited to, the following information:

         (A) Company legal name and any and all assumed name(s); the principal address; the telephone number; the e-mail address; the names of the principal(s) and the title(s); the United States Department of Transportation number and the Federal Motor Carrier Safety Administration MC number; and/or the New York State Department of Transportation number; the New York City Department of Consumer Affairs existing license number for renewal applications; and the vehicle registration for each bus that would stop at the proposed location(s).

         (B) Proposed on-street bus stop location(s) and two or more alternative locations for each proposed location if applicable.

         (C) Number of stops to be made per day at the proposed location(s).

         (D) Proposed bus schedule for the proposed location(s).

         (E) Origin and final destination(s) of the proposed bus service.

         (F) Maximum passenger capacity of the bus(es) to be used at the proposed location.

         (G) Planned garage or other parking location of the bus(es) during periods when the bus(es) is/are not being used to pick up or drop off passengers.

         (H) Number of buses planned to be used in the operation of the proposed bus service.

      (ii) Renewal applications must be submitted to the Department no earlier than three months and no later than one month prior to the expiration of a Bus Stop Permit.

   (3) Review and issuance of Bus Stop Permits.

      (i) The Department may refuse to issue or renew a Bus Stop Permit under this subdivision to an applicant or Bus Stop Permit holder who:

         (A) Is in arrears for an amount totaling more than one thousand dollars owed to the City of New York;

         (B) Has been issued five or more total violations and/or one or more violations per vehicle in operation pursuant to this subdivision within the preceding year;

         (C) Has failed to provide location data or other information as required by this subdivision. This subparagraph applies only to sight-seeing bus applicants or permit holders;

         (D) Has been found to operate without a New York City Department of Consumer Affairs license, if such license is required, within the last year or had a license revoked by the New York City Department of Consumer Affairs or has been found in violation of any of the applicable New York City Department of Consumer Affairs rules and regulations;

         (E) Has had its Bus Stop Permit(s) revoked within the last two years; or

         (F) Is currently not authorized to operate a bus by either the United States Department of Transportation Federal Motor Carrier Safety Administration (or any successor agency) and/or the New York State Department of Transportation (or any successor agency) and/or the New York City Department of Consumer Affairs (or any successor agency).

      (ii) The owner or operator of a bus company that has been assigned on-street bus stop location(s) by the Department, which are still in effect upon the effective date of this subdivision will, upon application to the Department, within thirty days of the effective date of this subdivision, be issued a Bus Stop Permit by the Department for a term of up to three years. Such owner or operator who had previously been assigned on-street bus stop location(s) by the Department and who submits an application within such thirty day period may continue to use such assigned on-street bus stop location(s) for a period of up to ninety days from the effective date of this subdivision, or until a Bus Stop Permit is issued by the Department for such location(s), whichever date is sooner.

      (iii) In assigning on-street bus stop locations, the Department will consider criteria: including, but not limited to:

         (A) Traffic, pedestrian flow, and public safety;

         (B) Preferences of the applicant;

         (C) Consultation with the local community board for the district encompassing the location to be authorized, including but not limited to a notice and comment period of 45 days prior to the authorization or permanent amendment;

         (D) The number of stops proposed and the viability of a proposed bus stop schedule as determined by the Department;

         (E) The availability and location of planned garage or other parking space for periods when buses picking up or discharging passengers at the authorized stops are not in use;

         (F) Ongoing and/or upcoming construction projects in the vicinity of the proposed location(s); and

         (G) Any other criteria deemed appropriate by the Department.

      The Department must approve or deny such authorizations no later than 180 days from the date of the application.

      (iv) The Department will notify the local community board for the community district encompassing the location of a proposed on-street bus stop at least forty-five business days prior to the issuance of a Bus Stop Permit, or the permanent relocation of an assigned on-street bus stop location, in order to provide the community board an opportunity to comment on the proposed on-street bus stop location.

      (v) If the Department denies an application submitted pursuant to subparagraph (i) of this paragraph, or disapproves of all of an applicant’s on-street bus stop locations requested in its application based on the bus stop assignment criteria set forth in subparagraph (iii) of this paragraph, the applicant will have fifteen calendar days to appeal such determination in the form prescribed by the Department or submit alternative bus stop locations. The Department will make a final determination on such appeal within thirty days

   (4) Relocation of on-street bus stop locations.

      (i) Permanent relocation of on-street bus stops. The Department may relocate an assigned on-street bus stop location based on the criteria provided in subparagraph (iii) of paragraph (3) of this subdivision and upon ninety calendar days’ notice to the permit holder.

      (ii) Temporary relocation of on-street bus stops. The Department may temporarily relocate an assigned on-street bus stop location for reasons of public safety or other emergency or temporary need as determined by the Department. The Department will notify the local community board for the community district encompassing the location within thirty calendar days of such temporary relocation.

   (5) Permit Fees. For any new sightseeing bus stop application, an applicant must pay a fee of five hundred and twenty dollars for each bus stop. For any renewal sightseeing bus stop application, an applicant must pay a fee of one hundred fifty five dollars for each bus stop.

   (6) Term of Bus Permits. The Department will fix the term of each Bus Stop Permit, which will not exceed three years.

   (7) Permittee obligations. Bus Stop Permit holders must:

      (i) Promptly notify the Department of changes to information provided in its application.

      (ii) Keep all the Bus Stop Permits in each bus permitted to use the assigned bus stops and present such permits for inspection upon request of any law enforcement officer or other person authorized to enforce this rule.

      (iii) Prominently display a list of all Bus Stop Permits and specific bus stop locations authorized by such permits in each bus permitted to use the assigned bus stop in a way that such list can be clearly observed from the closest curb at which the bus is stopped.

      (iv) Display on each bus authorized hereunder to stop at an on-street bus stop the owner or operator’s name, address and telephone number permanently affixed in characters at least five inches high on both sides of the bus, with such display being in a color contrasting with that of the bus and placed approximately midway vertically on doors or side panels. Bus operators may also meet the display obligations by prominently marking buses in such a way that such markings clearly identify the bus operator when observed from the closest curb at which the bus is stopped.

      (v) Pick up and discharge passengers only at on-street bus stop(s) assigned by the Department.

      (vi) Not stop or stand in an assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers.

      (vii) Not alter any permit issued pursuant to this section.

      (viii) Notify the Department of the issuance of any violation, revocation, suspension, or other status change, to the bus operating authority, by the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation, or the New York City Department of Consumer Affairs within five calendar days of the issuance thereof.

      (ix) Notify the Department of the issuance of any traffic or parking violations within thirty calendar days of the issuance thereof and the issuance of any traffic violation committed by a driver while operating the sight-seeing bus that could be the basis for the assignment of points within three calendar days of the issuance thereof.

      (x) Not transfer, sell, give or otherwise reassign the Bus Stop Permit(s) except as authorized by the Department.

      (xi) Provide the Department, in the form prescribed by the Department, with quarterly reports containing Global Positioning System data for each bus operated by the permit holder, recorded at one-minute intervals, including, but not limited to, vehicle identification number, time and date of ping, time zone, latitude and longitude, ignition status, speed, and odometer reading, except as authorized by the Department. This subparagraph applies only to sight-seeing Bus Stop Permit holders.

   (8) Suspension and revocation of Bus Stop Permits.

      (i) The Department may suspend or revoke a Bus Stop Permit:

         (A) For failure to comply with any of the requirements of this subdivision;

         (B) In the event of suspension or termination of the authorization to operate a bus by either the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation or the New York City Department of Consumer Affairs;

         (C) Based on any grounds listed in subparagraph (i) of paragraph (3) of this subdivision;

         (D) If an operator does not provide a bus service for a period of one month.

      (ii) Prior to suspending or revoking a Bus Stop Permit, the Department will give the bus company an opportunity to be heard upon at least two business days’ notice.

      (iii) If the Department determines that an imminent peril to life or property exists, the Department may suspend or revoke a bus stop authorization without providing the permittee an opportunity to be heard prior to such suspension or revocation. Upon request of the permittee, the Department will provide the permitee an opportunity to present its objections to such suspension or revocation within five business days after the Department receives the request. Any such request by a permitee must be made within thirty business days of such suspension or revocation.

§ 4-11 Taxis, Commuter Vans, For-Hire and Certain Diplomatic and Consular Vehicles.

(a) Standing. No operator of a taxi, while awaiting employment shall stand his/her vehicle in any street except:

   (1) At an authorized taxi stand.

   (2) In front of fire hydrants where standing or stopping is not prohibited by signs or rules, provided that the operator remains in the operator’s seat ready for immediate operation of the taxi at all times and starts the motor on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the taxi from in front of the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity.

  1. Cruising prohibited. An operator of a vehicle other than a taxi shall not operate his/her vehicle along a street for the purpose of soliciting passengers or searching for passengers.
  2. Pickup and discharge of passengers by taxis, commuter vans and for-hire vehicles. Operators of taxis, commuter vans and for-hire vehicles may, in the course of the lawful operation of such vehicles, temporarily stop their vehicles to expeditiously pick up or discharge passengers at the curb in areas where standing or parking is prohibited. Taxis, commuter vans and for-hire vehicles, while engaged in picking up or discharging passengers must be within 12 inches of the curb and parallel thereto, but may stop or stand to pick up or discharge passengers alongside a vehicle parked at the curb only if there is no unoccupied curb space available within 100 feet of the pickup or discharge location; however, picking up or discharging passengers shall not be made:

   (1) Within a pedestrian crosswalk.

   (2) Within an intersection, except on the side of a roadway opposite a street which intersects but does not cross such roadway.

   (3) Alongside or opposite any street excavation when stopping to pick up or discharge passengers obstructs traffic.

   (4) Under such conditions as to obstruct the movement of traffic and in no instance so as to leave fewer than 10 feet available for the free movement of vehicular traffic.

   (5) Where stopping is prohibited.

   (6) Within a bicycle lane.

   (7) Within horse-drawn cab passenger boarding areas.

  1. Pickup and discharge of passengers by certain diplomatic and consular vehicles. A vehicle bearing “A”, “C” or “D” series license plates issued by the U.S. Department of State and displaying a valid non-transferable service vehicle decal issued by the City of New York that is affixed to the inside of the operator’s side of the windshield shall be treated like a for-hire vehicle while actively engaged in and for the purpose of expeditiously picking up or discharging passengers, in a manner that does not obstruct traffic, provided that the operator of such vehicle bearing such “A” “C” or “D” series license plates and displaying such non-transferable service vehicle decal:

   (1) may not pick up or discharge passengers in a for-hire vehicle stop;

   (2) remains in attendance at the vehicle; and

   (3) shall immediately remove such vehicle when instructed to do so by any law enforcement officer.

§ 4-12 Miscellaneous.

(a) Compliance with directions of law enforcement officers.

   (1) An operator must at all times comply with any direction given by a law enforcement officer, a bridge and tunnel officer of the Port Authority of New York and New Jersey, or an officer of the Triborough Bridge and Tunnel Authority authorized to enforce these rules, or a school crossing guard by hand, voice, whistle or mechanical device.

   (2) A law enforcement officer, school crossing guard or a bridge and tunnel officer may disregard any traffic light signal or rule in order to expedite the movement of traffic or to safeguard pedestrians or property.

   (3) Vehicle operators must present and/or surrender their operator’s license, vehicle registration and insurance documents upon request of a law enforcement officer.

  1. Passengers in vehicle. No person shall ride in any place or in any part of a vehicle except that provided for passenger carrying purposes, nor shall he/she permit any part of his/her body to extend outside of any part of a vehicle, except when required to extend the hand to indicate an intention to turn, slow down, stop, or start from the curb.
  2. Getting out of vehicle. No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.
  3. Fire drill line. The operator of any vehicle, except authorized emergency vehicles, shall not drive through or approach within one hundred feet of a line of children during a fire drill, nor interfere with, hinder, obstruct, or impede in any way whatsoever any such fire drill.
  4. Operator’s hand on steering device. No person shall operate or ride a motor vehicle or bicycle without having his/her hand on the steering device or handle bars. A person riding or leading a horse or driving a horse-drawn carriage shall have the reins in his/her hand continuously.
  5. Unbridled horse. No person shall leave a horse unbridled or unattended in a street or unenclosed place unless the horse is securely fastened, or harnessed to a vehicle with wheels so secured as to prevent it from being dragged faster than a walk.
  6. Peddlers. No peddler, vendor, hawker, or huckster shall stop or remain or permit any cart, wagon, or vehicle owned or controlled by him/her, to stop, remain upon or otherwise encumber any street in front of any premises if the owner or lessee of the ground floor thereof objects. No peddler, vendor, hawker, or huckster shall permit his cart, wagon, or vehicle to stand on any street when stopping, standing, or parking is prohibited or on any street within 25 feet of any corner of the curb or to stand at any time on any sidewalk or within 500 feet of any public market or within 200 feet of any public or private school.
  7. Reporting accidents by operators of other than motor vehicles. The operators of any bicycle or vehicle other than a motor vehicle involved in an accident resulting in death or injury to a person or damage to property must stop and give their names and addresses and information concerning liability insurance coverage to the party sustaining injuries or damage, and in the case of death or injury, he/she must, in addition to the above, without delay report the accident to the nearest police station, unless he/she has supplied the information to a police officer on the scene. Accidents involving motor vehicles must be reported as required by the Vehicle and Traffic Law.
  8. Horn for danger only. No person shall sound the horn of a vehicle except when necessary to warn a person or animal of danger.
  9. Commercial advertising vehicles.

   (1) Restrictions. No person shall operate, stand, or park a vehicle on any street or roadway for the purpose of commercial advertising. Advertising notices relating to the business for which a vehicle is used may be put upon a motor vehicle when such vehicle is in use for normal delivery or business purposes, and not merely or mainly for the purpose of commercial advertising, provided that no portion of any such notice shall be reflectorized, illuminated, or animated, and provided that no such notice shall be put upon the top of the vehicle and that no special body or other object shall be put upon vehicles for commercial advertising purposes. Advertisements may be put upon vehicles licensed by the New York City Taxi and Limousine Commission in accordance with the Commission’s rules.

   (2) Buses and Sanitation Vehicles. Notwithstanding the foregoing provisions of this subdivision (j), buses operated pursuant to a franchise or consent from the Department of Transportation of the City of New York, and cleaning and collection vehicles owned or operated by the New York City Department of Sanitation may display commercial advertisements, including reflectorized and illuminated advertisements, on the exterior surface areas of such vehicles and may have installed on such vehicles the necessary frames, supports and related appurtenances in order to display such advertisements.

  1. Snow Emergency.

   (1) Standing and Parking Prohibited. When the Commissioner declares a state of snow emergency, no person shall stand or park a vehicle upon a street designated by signs as a snow street, or upon any part of the right of way, including the berm or shoulder adjacent to the roadways, entrances and exits of the expressways, parkways, bridges and tunnels set forth in 34 RCNY § 4-07(i), except in such areas and for such purposes as shall be designated by the Commissioner, until the Commissioner declares the prohibition of such standing or parking terminated. On certain designated snow streets, posted signs may prohibit parking on only one side of the street.

   (2) Operating vehicles prohibited. When the Commissioner declares a state of snow emergency, no person shall operate a vehicle upon a street designated by signs as a snow street or upon any part of the right of way, including the berm or shoulder adjacent to the roadways, entrances, and exits of the expressways, parkways, bridges and tunnels set forth in 34 RCNY § 4-07(i) unless the drive, traction or powered wheels of said vehicle are equipped with skid chains or snow tires, until the Commissioner declares the state of snow emergency terminated.

   (3) Snow tires defined. For the purposes of this rule, snow tires are defined as:

      (i) Any radial tire (a radial tire is a tire in which the ply cords, extending to the beads, are nearly at right angles to the center line of the tread).

      (ii) Any tire with tread which has ribs, lugs, blocks or buttons arranged in a generally discontinuous pattern; when inflated, a substantial number of the lug, block or rib edges in the tread design are at an angle greater than 30 degrees to the tire circumferential center line; and, on at least one side of the tread design, have shoulder lugs that protrude at least one-half inch in a direction generally perpendicular to the direction of travel.

      (iii) Any tire labelled on the sidewall with the words “MUD AND SNOW” or any contraction using the letters “M” and “S” (e.g. MS, M/S, M-S or M&S).

   (4) Worn or damaged tires. Worn or damaged tires which no longer provide effective traction shall not constitute snow tires within the meaning of this section regardless of their original classification or designation.

   (5) Use of parkways by certain vehicles. Notwithstanding any other provision of these rules, during snow emergencies declared by the Commissioner, commercial vehicles owned or operated by oil heating companies that are no more than 7 feet in height, no more than 8,500 pounds in maximum gross weight, and have no more than two axles and four tires may travel on parkways and other roadways where commercial vehicles are normally prohibited when such vehicles are responding to heat emergencies which require the repair of heating and hot water equipment. Such vehicles must abide by all posted weight limits and clearances on such roadways.

  1. Emergency repairs. No person shall solicit or render repair service or push or tow any vehicle on any part of the right of way, including the berm or shoulder adjacent to the roadways, entrances and exits of the expressways and parkways, and bridges enumerated in § 4-07(i), except persons and vehicles operating pursuant to a permit issued by the Commissioner. This subdivision (l) shall not be deemed to prohibit emergency repairs by the occupants of a disabled vehicle.
  2. Bus lane restrictions on city streets.

   (1) When signs are erected giving notice of bus lane restrictions, except as otherwise posted, no person shall drive a vehicle other than a bus or a wheelchair accessible Access-A-Ride vehicle having a seating capacity of four or more passengers, within a designated bus lane during the restricted hours, except:

      (i) to use such bus lane in a safe manner in order to make a right hand turn where permitted into a public or private street or driveway provided that the vehicle does not drive through an intersection; or

      (ii) to use the bus lane in a safe manner to make a right hand turn where permitted, within two hundred feet of entry into such bus lane, into a public or private street or driveway even if such activity requires driving through an intersection; or

      (iii) to approach to or leave the curbside space, unless standing or stopping at the curb is prohibited by sign or rule; or

      (iv) temporarily to enter or leave the bus lane for the purpose of and while actually engaged in expeditiously receiving or discharging passengers, except when such activity is prohibited by signs or rules; or

      (v) to avoid an obstacle which obstructs the roadway and leaves fewer than ten feet of roadway width available for the free movement of vehicular traffic (except for temporary situations such as slow moving traffic and vehicles loading refuse); or

      (vi) to comply with the direction of any law enforcement officer or other person authorized to enforce this rule.

   (2) With respect to the exceptions in subparagraphs (iii) through (vi) of paragraph (1) of this subdivision, a vehicle must exit the bus lane at the nearest opportunity where it is safe and legal to do so.

   (3) Notwithstanding any other provision of these rules, no person may drive a vehicle within a designated bus lane in a manner that interferes with the safety and passage of buses operating thereon.

   (4) The same rights and restrictions that apply to vehicles pursuant to this subdivision also apply to horse-drawn vehicles and devices moved by human power.

  1. Work affecting traffic. The rules contained in the New York State Manual on Uniform Traffic Control Devices shall be complied with by public and private organizations when temporary disruption of street traffic is required for street repaving or repairs, subsurface utility line installations or other repairs and similar projects.
  2. Use of roadways.

   (1) Pedestrians, horses, bicycles and limited use vehicles prohibited. In order to provide for the maximum safe use of the expressways, drives, highways, interstate routes, bridges and thruways set forth in 34 RCNY § 4-07(i) and to preserve life and limb thereon, the use of such highways by pedestrians, riders of horses and operators of limited use vehicles and bicycles is prohibited, unless signs permit such use.

   (2) Flat tires. No operator shall stop on the improved or paved roadway of any of the arteries set forth in 34 RCNY § 4-07(i), for the purpose of removing or replacing a flat tire. No person shall remove or replace a flat tire unless the vehicle is completely off the improved or paved roadway so that no part of the vehicle or person is exposed to passing vehicles.

  1. Bicycles.

   (1) Bicycle riders to use bicycle lanes. Whenever a usable path or lane for bicycles has been provided, bicycle riders shall use such path or lane only except under any of the following situations:

      (i) When preparing for a turn at an intersection or into a private road or driveway.

      (ii) When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.

   (2) Driving on or across bicycle lanes prohibited. No person shall drive a vehicle on or across a designated bicycle lane, except when it is reasonable and necessary:

      (i) to enter or leave a driveway; or

      (ii) to enter or leave a legal curbside parking space; or

      (iii) to cross an intersection; or

      (iv) to make a turn within an intersection; or

      (v) to comply with the direction of any law enforcement officer or other person authorized to enforce this rule; or

      (vi) to avoid an obstacle which leaves fewer than ten feet available for the free movement of vehicular traffic. Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bicycle lane in such manner as to interfere with the safety and passage of persons operating bicycles thereon.

   (3) Bicycles permitted on both sides of 40-foot wide one-way roadways. Any person operating a bicycle upon a roadway that carries traffic in one direction only and is at least 40 feet wide may ride as near as is practicable to either the left or the right hand curb or edge of such roadway, provided that bicycles are not prohibited from using said roadway.

   (4) Business using a bicycle for commercial purposes.

      (i) Definitions. For purposes of this paragraph, the following terms have the following meanings:

         (A) “Business using a bicycle for commercial purposes” means a person, firm, partnership, joint venture, association, corporation, or other entity that, either on behalf of itself or others, delivers packages, parcels, papers or articles of any type by bicycle.

         (B) “Bicycle operator” means a person who delivers packages, parcels, papers, or articles of any type by bicycle on behalf of a business using a bicycle for commercial purposes and who is paid by such business.

      (ii) Registration information. A business using a bicycle for commercial purposes that does not have a site within the City of New York that is open and available to the public must register with the Department and provide, upon a form prescribed by the Department, the following information:

         (A) the name under which such business is authorized to do business in the State, pursuant to the Business Corporation Law;

         (B) the name of the owner of such business;

         (C) the registered agent upon whom process against such business may be served and the address of such agent, or, if the business has designated the Secretary of State as its agent for receiving such process, the post office address to which the Secretary of State may mail a copy of such process;

         (D) the list of entities such business is providing services for;

         (E) the roster with such business’s bicycle operator information as required by § 10-157(d) of the New York City Administrative Code, and

         (F) any other information requested by the Department.

      (iii) Bicycle safety poster or notice. Every business using a bicycle for commercial purposes must post at least one bicycle safety poster at each business site using a bicycle for commercial purposes; provided, however, that if such business has only a post office address within the City, such business must provide a written notice to each of its bicycle operators.

         (A) The bicycle safety poster or notice must be in English, Spanish and any other language spoken predominately by any bicycle operator utilized by the business. The poster must be clear, prominent, and large enough to be visible to the bicycle operators and patrons of the business; however, the size of the poster must be printed in at least 10 point font and on paper that is at least 11 inches x 17 inches.

         (B) The poster must be printed in a manner so as to be legible even to people who are colorblind.

         (C) An example of the type of poster required to be posted must be made available on the Department’s website.

         (D) The poster must consist of a header or title, which will appear at the top of the poster, Sections 1 through 4, and a footer, which will appear at the bottom of the poster, as more fully described below:

            1. Header/Title: Commercial Bicyclist Safety

            2. Section 1: This poster must be displayed where delivery cyclists will easily see it. Sections 10-157 and 10-157.1 of the New York City Administrative Code regulate businesses using a bicycle for commercial purposes. The responsibilities listed below are imposed by law. Failure to comply with these requirements may subject violators to legal sanctions.

            3. Section 2: Commercial bicyclists must obey all traffic laws and rules. These laws include, but are not limited to, the following requirements:

               • Yield to pedestrians.

               • Ride in the direction of traffic

               • Stay off the sidewalk

               • Stop at all red lights and stop signs

               • Do not wear more than one earphone while riding

               • Use a white headlight and red taillight at night

            4. Section 3: Commercial bicyclists must:

               • Wear retro-reflective outermost upper body apparel with the business’s name and bicyclist’s 3 -digit ID number on the back in lettering at least 1 inch high.

               • Wear a bicycle helmet that is in good condition

                  o Every business using a bicycle for commercial purposes must provide or ensure the availability of protective headgear for each of its bicycle operators at no cost to such operators.

               • Carry a business ID card at all times when making deliveries or operating a bicycle on behalf of the business, which includes the information below:

                  o Business name, address and phone number

                  o Bicycle operator’s name, photo and 3 -digit ID number

               • Every business using a bicycle for commercial purposes must provide the above items.

            5. Section 4: Every business using a bicycle for commercial purposes must:

               • Equip each commercial bicycle with the following, in addition to the items required above:

                  o A bell or other audible device

                  o White headlight and red taillight

                  o Reflex reflectors

                  o Brakes

               • Maintain a roster of its bicycle operators, which includes each bicyclist’s:

                  o Name, home address, employment start date and, where applicable, date of discharge

                  o Unique 3-digit ID number

                  o Date of completion of DOT Commercial Bicyclist Safety course

            6. Footer: For more information, please visit nyc.gov/bikes

   (5) Additional requirements for pedal-assist bicycles.

      (A) No person shall operate or park a pedal-assist bicycle on any public highway in the City of New York unless such bicycle has permanently affixed in a prominent location on the electric motor of the bicycle or elsewhere on the bicycle a legible original label of the manufacturer of the bicycle and/or of the electric motor containing the maximum motorassisted speed and motor wattage of the bicycle.

      (B) All pedal-assist bicycles and their operators must comply with the provisions of Article 34 of the New York State Vehicle and Traffic Law relating to the operation of bicycles, except as provided in 34 RCNY § 4-02(e).

      (C) A pedal-assist bicycle that has been modified in any of the following ways shall not be considered a pedal-assist bicycle and may not be operated or parked on any public highway:

         1. Any modification that increases the output of such bicycle to seven hundred fifty watts or greater;

         2. Any modification that prevents the motor from disengaging when (i) the operator applies the brakes, (ii) the operator stops pedaling, or (iii) the bicycle achieves a speed of twenty miles per hour; or

         3. Any modification that accelerates the speed of the pedalassist bicycle motor by means other than pedaling.

   (6) Operating a bicycle sharing system without written authorization prohibited. No person may operate a bicycle sharing system in the City of New York without the prior written authorization of the Department.

  1. Transportation of radioactive materials. Shipments of radioactive materials meeting or exceeding the specifications of “large quantities” and/or “fissile Class III” as specified by the Interstate Commerce Commission and the Nuclear Regulatory Commission, shall follow the same truck routes designated for vehicles having an overall length of 33 feet or more, in 34 RCNY § 4-13 of these rules. All such shipments are required to be so classified under the NRC license or contract before being shipped and the carrier shall obtain the proper classification. All vehicles carrying such shipments shall adhere to the rules of the fire department, the Department of Environmental Protection and 24 RCNY Health Code § 175.111.
  2. Restricted use and limited use streets.

   (1) Restrictions. No operator of a vehicle or combination of vehicles shall operate, enter, stop, stand or park any such vehicle on any street designated as a restricted use street or a limited use street by the Department of Transportation, unless such vehicle or combination of vehicles

      (i) is being used for the purpose of loading or unloading at premises legally utilizing an entrance, loading bay or elevator that fronts upon said street during authorized hours or,

      (ii) is a bus traversing a route, franchised by the Department of Transportation, which includes said street, and the vehicle stands only at a designated bus stop or,

      (iii) is a maintenance or utility vehicle operated or engaged by proper authority for the purpose of construction or maintenance of said street or any utility located on, above or below the street surface or for the construction or maintenance of any structure located on said street.

   (2) Driving across permitted. Notwithstanding any other provision stated herein, the operator of any vehicle may drive across any restricted use or limited use street that intersects the street along which he is travelling.

   (3) Commissioner may suspend. The commissioner, upon 24 hours’ notice to the public, may suspend the application of this subdivision (r) for a specified period or indefinitely. If suspended for a specific period, the provisions of this subdivision (r) shall become effective at the termination of such period. If suspended indefinitely, the provisions of this subdivision (r) shall become effective upon order of the Commissioner and 48 hours notice to the public.

   (4) Definitions. For the purpose of this subdivision (r), a restricted use street is a legally mapped street to be permanently closed to motor vehicles by the Department of Transportation, except as provided herein, and open to use by pedestrians. A limited use street is a legally mapped street to be temporarily closed to motor vehicles by the Department of Transportation, except as provided herein, and in accordance with lawfully authorized signs or other traffic control devices.

  1. Crossing buffer zones.

   (1) For the purposes of this subdivision, a buffer zone is defined as an area in the roadway, created by white lines, that is used to separate a parking lane from a travel lane or a bicycle lane from a travel lane, as indicated on the diagram below.

   (2) No person shall drive a motor vehicle on or across a designated buffer zone, except when it is reasonable and necessary to enter or leave a legal curbside parking space or a driveway.

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  1. Horse drawn cab passenger boarding areas.

   (1) No person operating a horse drawn cab shall solicit, pick up or discharge passengers at any location other than a location described in paragraph (2) of this subdivision or a location designated by the department by a posted sign as a horse drawn cab passenger boarding area. This subdivision shall not apply to a horse drawn cab ride that is prearranged as described in section 19-174 of the New York City Administrative Code.

   (2) Except as otherwise indicated by a posted sign, operators of horse drawn cabs must expeditiously pick up or discharge passengers only at locations within Central Park indicated by sign and on the map below:

      (i) Grand Army Plaza. In the center lane at the Grand Army Plaza entrance to Central Park.

      (ii) Seventh Avenue Entrance. On the east curb, approximately 20 feet north of Central Park South.

      (iii) Sixth Avenue. Between 59th Street and Center Drive.

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   (3) Temporary relocation or suspension of horse drawn cab passenger boarding areas in parks. In exceptional circumstances, the Commissioner of Parks and Recreation or the commissioner, subject to approval of the Commissioner of Parks and Recreation, may temporarily relocate or suspend horse drawn cab passenger boarding areas. For purposes of this paragraph, exceptional circumstances shall include, but not be limited to construction, maintenance, unusually heavy pedestrian or bicycle traffic, existence of any obstructions, a parade, demonstration, special event, or other such similar event or occurrence at or near such location. Temporarily relocated horse drawn cab passenger boarding areas shall be located in Central Park and denoted by appropriate signage.

§ 4-13 Truck Routes.

(a) General provisions.

   (1) Definitions. For the purpose of these rules, a truck is defined as any vehicle or combination of vehicles designed for the transportation of property, which has either of the following characteristics: two axles, six tires; or three or more axles

   (2) Exceptions. These rules do not apply to authorized emergency vehicles and authorized public utility company vehicles engaged in an emergency operation as defined in § 114-b of the Vehicle and Traffic Law.

   (3) Enforcement. An operator of any truck as defined above shall have in his/her possession throughout each trip a bill of lading, or similar document, showing the points of origin and destination of the trip. Upon the request of a law enforcement officer or other authorized person, the truck operator shall present for inspection the above stated document or documents.

  1. Truck routing rules for the Borough of Queens.

   (1) Through trucks. An operator of any truck as defined above, having neither an origin nor a destination within the Borough of Queens shall restrict the operation of such vehicle to those street segments on the following list. These are designated as “Through Truck Routes.” All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Through Truck Route Network

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Astoria Blvd. (North and South) 29th St. to Northern Blvd.
Atlantic Avenue Kings County Line to Van Wyck Expressway
Beach Channel Drive Marine Pkway Bridge to Nassau County Line
Braddock Avenue Hillside Avenue to Jamaica Avenue
Bradley Avenue Greenpoint Avenue to Van Dam Street
Bridge Plaza Queensboro Bridge to Jackson Avenue
Brooklyn-Queens Expressway Kings County Line to Astoria Boulevard (North and South)
Clearview Expressway Throgs Neck Bridge to Hillside Avenue
Crescent Street 41st Avenue to Bridge Plaza
Cross Island Parkway Service Roads Whitestone Expressway to Francis Lewis Boulevard
Francis Lewis Boulevard Cross Island Parkway Service Road to Springfield Boulevard
Grand Central Parkway Triborough Bridge to the Brooklyn-Queens Expressway (western leg)
Greenpoint Avenue Van Dam Street to Queens Boulevard
Hempstead Avenue Jamaica Avenue to Nassau County Line
Hillside Avenue Myrtle Avenue to Nassau County Line
Hoyt Avenue (North and South) Astoria Boulevard to 21st Street
Jackson Avenue Borden Avenue to Northern Boulevard
Jamaica Avenue Francis Lewis Boulevard to Nassau County Line
Linden Boulevard Kings County Line to North and South Conduit Avenue
Long Island Expressway Queens Midtown Tunnel to Nassau County Line
Myrtle Avenue Kings County Line to Hillside Avenue
North and South Conduit Avenue (Sunrise Highway Linden Boulevard to Nassau County Line
Northern Boulevard Jackson Avenue to Nassau County Line
Queens Boulevard Jackson Avenue to Hillside Avenue
Rockaway Boulevard North and South Conduit Avenue to Nassau County Line
Springfield Boulevard Jamaica Avenue to North and South Conduit Avenue
Thomson Avenue Jackson Avenue to Queens Boulevard
Van Dam Street Greenpoint Avenue to Queens Boulevard
Van Wyck Expressway Whitestone Expressway to North and South Conduit Avenue
Whitestone Expressway Whitestone Bridge to Astoria Boulevard
21st Street Borden Avenue to 24th Avenue
24th Avenue 21st Street to 29th Street
29th Street 24th Avenue to Astoria Boulevard
41st Avenue 21st Street to Crescent Street
213th Street Hempstead Avenue to Jamaica Avenue

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   (2) Local trucks. An operator of any truck as defined in paragraph (a)(1) above, with an origin or destination for the purpose of delivery, loading or servicing within the Borough of Queens, shall only operate such vehicle over the following listed streets, except that an operator may operate on a street not designated below for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route at the intersection that is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route, provided that the operator’s next destination does not require that he/she cross a designated truck route. All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Local Truck Route Network

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Astoria Blvd. (North and South) 8th Street to Northern Boulevard
Atlantic Avenue Kings County Line to Van Wyck Expressway
Baisley Boulevard Rockaway Boulevard to Merrick Boulevard
Beach Channel Drive Marine Pkway Bridge to Nassau County Line
Borden Avenue 2nd Street to Greenpoint Avenue
Braddock Avenue Hillside Avenue to Jamaica Avenue
Bradley Avenue Greenpoint Avenue to Van Dam Street
Bridge Plaza Queensboro Bridge to Jackson Avenue
Broadway Vernon Boulevard to Queens Boulevard
Brooklyn-Queens Expressway Kings County Line to Astoria Boulevard (North and South)
Central Avenue Myrtle Avenue to Cooper Avenue
Clearview Expressway Throgs Neck Bridge to Hillside Avenue
Clintonville Street Cross Island Parkway South Service Road to 7th Avenue
College Point Avenue Long Island Expressway to 14th Avenue
Cooper Avenue Kings County Line to Woodhaven Boulevard
Crescent Street 41st Avenue to Bridge Plaza
Cross Bay Boulevard Liberty Avenue to Beach Channel Drive
Cross Island Pkwy. Service Rds. Whitestone Expressway to Francis Lewis Boulevard
Cypress Avenue Flushing Avenue to Cooper Avenue
Ditmars Boulevard 49th Street to Hazen Street
Ditmars Boulevard 81st Street to 23rd Avenue
Dunkirk Street Liberty Avenue to Linden Boulevard
Farmers Boulevard Liberty Avenue to North and South Conduit Avenue
Flushing Avenue Kings County Line to 55th Street
Francis Lewis Boulevard Cross Island Parkway Service Roads to Springfield Boulevard
Fresh Pond Road Metropolitan Avenue to Myrtle Avenue
Grand Avenue Kings County Line to Rust Street
Grand Avenue Borden Avenue to Queens Boulevard
Greenpoint Avenue Van Dam Street to Queens Boulevard
Guy R. Brewer Boulevard Liberty Avenue to North and South Conduit Avenue
Hazen Street 20th Avenue to Astoria Boulevard
Hempstead Avenue Jamaica Avenue to Nassau County Line
Hillside Avenue Myrtle Avenue to Nassau County Line
Hoyt Ave. (North and South) Astoria Boulevard to 21st Street
Jackson Avenue Borden Avenue to Northern Boulevard
Jamaica Avenue Merrick Boulevard to Nassau County Line
Junction Boulevard 32nd Avenue to Queens Boulevard
Kissena Boulevard Main Street to Parsons Boulevard
Laurel Hill Boulevard Review Avenue to 54th Avenue
Liberty Avenue Van Wyck Expressway to Farmers Boulevard
Linden Boulevard Kings County Line to North and South Conduit Avenue, and Newburg Street to Farmers Boulevard
Linden Place Whitestone Expressway to Northern Boulevard
Long Island Expressway Queens Midtown Tunnel to Nassau County Line
Main Avenue Vernon Boulevard to Astoria Boulevard
Main Street Northern Boulevard to Queens Boulevard
Maurice Avenue L.I.E. to 56th Terrace
Maspeth Avenue 49th Street to 48th Street
Maspeth Avenue Page Place to Maurice Avenue
Merrick Boulevard Hillside Avenue to Nassau County Line
Metropolitan Avenue Kings County Line to Hillside Avenue
Myrtle Avenue Kings County Line to Hillside Avenue
North and South Conduit Avenue (Sunrise Highway) Linden Boulevard to Nassau County Line
Northern Boulevard Jackson Avenue to Nassau County Line
Page Place Grand Avenue to Maspeth Avenue
Parsons Boulevard Kissena Boulevard to Union Turnpike
Queens Boulevard Jackson Avenue to Hillside Avenue
Review Avenue Borden Avenue to Laurel Hill Boulevard
Rockaway Boulevard Atlantic Avenue to Nassau County Line
Roosevelt Avenue Queens Boulevard to Main Street
Rust Street 58th Street to Flushing Avenue
Rust Street 56th Terrace to 58th Street
Springfield Boulevard Jamaica Avenue to North and South Conduit Avenue
Steinway Street Northern Blvd. to Astoria Blvd. North
Steinway Street Astoria Blvd. North to 19th Avenue
Sutphin Boulevard 94th Avenue to Liberty Avenue
Thomson Avenue Jackson Avenue to Queens Boulevard
Union Turnpike Myrtle Avenue to Nassau County Line
Van Dam Street Queens Boulevard to Greenpoint Avenue
Van Wyck Expressway Whitestone Expressway to John F. Kennedy International Airport
Vernon Boulevard Borden Avenue to 8th Street
Whitestone Expressway Whitestone Bridge to Astoria Boulevard
Willets Point Boulevard Roosevelt Avenue to Northern Boulevard
Woodhaven Boulevard Liberty Avenue to Queens Boulevard
8th Street Astoria Boulevard to Vernon Boulevard
14th Road College Point Boulevard to 110th Street
14th Avenue Cross Island Parkway Service Road to Whitestone Expressway and College Point Boulevard to 110th Street
15th Avenue College Point Boulevard to 1l0th Street
19th Avenue Steinway Street to 81st Street
20th Avenue 21st Street to Hazen Street
20th Avenue Whitestone Expressway to College Point Boulevard
21st Street Borden Avenue to 20th Avenue
23rd Avenue Astoria Boulevard South to Ditmars Boulevard
24th Avenue 21st Street to 29th Street
29th Street 24th Avenue to Astoria Boulevard
39th Street Queens Boulevard to Northern Boulevard
41st Avenue 21st Street to Crescent Street
43rd Street 53rd Avenue to 54th Avenue
47th Street Grand Avenue to 58th Road
48th Street Long Island Expressway to 55th Avenue
48th Street Maspeth Avenue to 58th Road and 55th Avenue to 56th Road
49th Street Ditmars Boulevard to Astoria Boulevard
49th Street Maspeth Avenue to 56th Road
53rd Avenue 43rd Street to 48th Street
54th Avenue Laurel Hill Boulevard to 43rd Street
54th Street Flushing Avenue to Grand Avenue
55th Avenue 48th Street to 58th Street
55th Drive Maurice Avenue to 58th Street
55th Street Flushing Avenue to Grand Avenue
56th Drive 56th Road to 58th Street
56th Road Laurel Hill Boulevard to 56th Drive
56th Road 56th Drive to 56th Terrace
56th Terrace 58th Street to Rust Street
57th Place Maspeth Avenue to Rust Street
58th Road 47th Street to 48th Street
58th Street Queens Boulevard to Maspeth Avenue
62nd Drive Junction Boulevard to Queens Boulevard
69th Street Long Island Expressway to Metropolitan Ave.
94th Avenue Van Wyck Expressway to Sutphin Boulevard
94th Street La Guardia Airport to 32nd Avenue
108th Street Astoria Boulevard to Queens Boulevard
110th Street 14th Avenue to 15th Avenue
126th Street Northern Boulevard to Roosevelt Avenue
154th Street Cross Island Parkway North Service Road to 10th Avenue
168th Street Merrick Boulevard to Hillside Avenue
213th Street Hempstead Avenue to Jamaica Avenue

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  1. Truck routing rules for the Borough of Staten Island.

   (1) Through trucks. An operator of any truck as defined in paragraph (a)(1) above, having neither an origin nor a destination within the Borough of Staten Island, shall restrict the operation of such vehicle to those street segments on the following list. These are designated as “Through Truck Routes.” All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Through Truck Route Network

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Bayonne Bridge Dr. Martin Luther King, Jr. Expressway to New Jersey State Line
Dr. Martin Luther King, Jr. Expressway Victory Boulevard to Bayonne Bridge
Goethals Bridge Staten Island Expressway to New Jersey State Line
Outerbridge Crossing West Shore Expressway to New Jersey State Line
Staten Island Expressway Goethals Bridge to Verrazano Narrows Bridge
Verrazano-Narrows Bridge Staten Island Expressway to Kings County Line
West Shore Expressway Staten Island Expressway to Richmond Parkway

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   (2) Local trucks. (i) 2 axles, 6 tires. An operator of any truck as defined in paragraph (a)(1) above, with 2 axles, 6 tires and having an origin or destination for the purpose of delivery, loading or servicing within the Borough of Staten Island, shall only operate such vehicle over the following listed “Local Truck Routes” and “Limited Local-Truck Routes,” except that an operator may drive on a street not designated below for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route at the intersection which is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route, provided that the operator’s next destination does not require that he/she cross a designated truck route. All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

      (ii) 3 or more axles. An operator of any truck as defined in paragraph (a)(1) above, with 3 or more axles, and having an origin or destination for the purpose of delivery, loading or servicing within the Borough of Staten Island, shall only operate such vehicle over the following listed “local truck routes,” except under the conditions described in subparagraph (2)(i), above.

Local Truck Route Network

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Amboy Road Richmond Road to Wards Point Avenue
Arden Avenue Veterans Road West to Hylan Boulevard
Arthur Kill Road Richmond Road to Main Street
Bay Street Richmond Terrace to School Road
Bayonne Bridge Dr. Martin Luther King, Jr. Expressway to New Jersey State Line
Bloomfield Avenue Chelsea Road to Gulf Avenue
Bloomingdale Road Amboy Road to Arthur Kill Road
Boscombe Avenue Page Avenue to Weiner Street
Bradley Avenue South Gannon Avenue to Victory Boulevard
Broad Street Van Duzer Street to Bay Street
Broadway Forest Avenue to Richmond Terrace
Buel Avenue Hylan Boulevard to Richmond Road
Castleton Avenue Jewett Avenue to Jersey Street
Castleton Avenue Jewett Avenue to Port Richmond Avenue
Chelsea Road South Avenue to Bloomfield Avenue
Clarke Avenue Arthur Kill Road to Amboy Road
Clove Road Narrows Road South to Richmond Terrace
Dr. Martin Luther King, Jr. Expressway Victory Boulevard to Bayonne Bridge
Draper Place Richmond Avenue to Richmond Avenue
Drumgoole Road East Bloomingdale Road to Richmond Avenue
Drumgoole Road West Arthur Kill Road to Veterans Road
Ebbitts Avenue Hylan Boulevard to Mill Road
Edgewater Street Bay Street to Hyland Boulevard
Edward Curry Avenue Chelsea Road to South Avenue
Englewood Avenue Veterans Road West to Veterans Road East
Fahy Avenue South Avenue to Lamberts Lane
Father Capodanno Blvd. (Seaside Blvd.) Midland Avenue to Lily Pond Avenue
Forest Avenue Western Avenue to Victory Boulevard
Foster Road Woodrow Road to Amboy Road
Front Street Bay Street to Murry Hulbert Avenue
Giffords Lane Arthur Kill Road to Amboy Road
Glen Street Edward Curry Avenue to Fahy Avenue
Goethals Bridge Staten Island Expressway to New Jersey State Line
Goethals Road North Western Avenue to West Caswell Avenue
Gulf Avenue Forest Avenue to Edward Curry Avenue
Guyon Avenue Hylan Boulevard to Amboy Road
Huguenot Avenue Arthur Kill Road to Hylan Boulevard
Hylan Boulevard Satterlee Avenue to Steuben Street, and Narrows Road South to Edgewater Street
Jersey Street Richmond Terrace to Victory Boulevard
Jewett Avenue Richmond Terrace to Victory Boulevard
Justin Avenue Amboy Road to Hylan Boulevard
Lamberts Lane Fahy Avenue to Victory Boulevard
Lily Pond Avenue School Road to Father Capodanno Boulevard (Seaside Boulevard)
Lincoln Avenue Hyland Boulevard to Richmond Road
Little Clove Road Renwick Avenue to Narrows Road North
Main Street Arthur Kill Road to Hylan Boulevard
Manor Road Schmidts Lane to Victory Boulevard
Meeker Avenue Forest Avenue to Gulf Avenue
Midland Avenue Richmond Road to Father Capodanno Boulevard (Seaside Boulevard)
Milford Drive Renwick Avenue to Clove Road
Mill Road Tysens Lane to New Dorp Lane
Morley Avenue Richmond Road to Richmond Road
Morningstar Road Richmond Terrace to Richmond Avenue
Narrows Road North Verrazano Narrows Bridge to Little Clove Road
Narrows Road South Clove Road to Verrazano Narrows Bridge
Nelson Avenue Amboy Road to Hylan Boulevard
New Dorp Lane Mill Road to Hylan Boulevard
North Bridge Street Veterans Road West to Arthur Kill Road
North Gannon Avenue Slosson Avenue to Willow Road East
Outerbridge Crossing West Shore Expressway to New Jersey State Line
Page Avenue South Bridge Street to Hylan Boulevard
Port Richmond Avenue Forest Avenue to Richmond Terrace
Renwick Avenue Milford Drive to Little Clove Road
Richmond Avenue Hylan Boulevard to Forest Avenue
Richmond Parkway Outerbridge Crossing to West Shore Expressway
Richmond Road Van Duzer Street to Morley Avenue and Morley Avenue to Arthur Kill Road
Richmond Terrace Western Avenue to Bay Street
Richmond Valley Road Arthur Kill Road to Page Avenue
Rossville Avenue Arthur Kill Road to Woodrow Road
St. Pauls Avenue Van Duzer Street to Van Duzer Street
Schmidts Lane Manor Road to Slosson Avenue
School Road Lily Pond Avenue to Bay Street
Seaview Avenue Father Capodanno Boulevard (Seaside Boulevard) to Hylan Boulevard
Seguine Avenue Amboy Road to Hylan Boulevard
Sharrott Avenue Amboy Road to Hylan Boulevard
Sharrots Road Veterans Road East to Veterans Road West
Slosson Avenue Victory Boulevard to Schmidts Lane
South Avenue Richmond Terrace to Chelsea Road
South Bridge Street Arthur Kill Road to Page Avenue
South Gannon Avenue Victory Boulevard to Manor Road
Staten Island Expressway Goethals Bridge to Verrazano Narrows Bridge
Steuben Street Hylan Boulevard to Narrows Road South
Targee Street Van Duzer Street to Richmond Road
Tompkins Avenue Hylan Boulevard to Broad Street
Trantor Place Walker Street to Dr. Martin Luther King, Jr. Expressway
Travis Avenue South Avenue to Draper Place
Tyrellan Avenue Boscombe Avenue to Veterans Road West
Tysens Lane Mill Road to Hylan Boulevard
Vanderbilt Avenue Richmond Road to Bay Street
Van Duzer Street Richmond Road to Victory Boulevard
Van Duzer St. Extension Van Duzer Street to Bay Street
Verrazano-Narrows Bridge Staten Island Expressway to Kings County Line
Veterans Road East Drumgoole Road West to Sharrotts Road, and Bloomingdale Road to Arthur Kill Road
Veterans Road West Arden Road to Bloomingdale Road, and Sharrotts Road to Arthur Kill Road
Victory Boulevard West Shore Expressway to Bay Street
Walker Street Morningstar Road to Port Richmond Avenue
West Caswell Avenue Goethals Road North to Willow Road West
West Shore Expressway Staten Island Expressway to Outerbridge Crossing
Western Avenue Forest Avenue to Richmond Terrace
Willow Road East North Gannon Avenue to Forest Avenue
Willow Road West Forest Avenue to West Caswell Avenue
Woodrow Road Bloomingdale Road to Arthur Kill Road
Woolley Avenue South Gannon Avenue to Victory Boulevard

~

Limited Local Truck Route Network

~

Bradley Avenue Brielle Avenue to South Gannon Avenue
Brielle Avenue Rockland Avenue to Manor Road
Forest Hill Road Richmond Hill Road to Willowbrook Road
Manor Road Brielle Avenue to Schmidts Lane
Ocean Terrace Manor Road to Todt Hill Road
Richmond Hill Road Richmond Avenue to Forest Hill Road
Richmond Road Rockland Avenue to Morley Avenue
Rockland Avenue Richmond Avenue to Richmond Road
Slosson Avenue Schmidts Land to Todt Hill Road
Todt Hill Road Slosson Avenue to Richmond Road
Woolley Avenue Willowbrook Road to South Gannon Avenue

~

  1. Truck routing rules for the Borough of Manhattan. (1) Through trucks. An operator of any truck as defined in paragraph (a)(1) above, having neither an origin nor a destination within the Borough of Manhattan, shall restrict the operation of such vehicle to those street segments designated on the following list as “Through Truck Routes.” All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Through Truck Route Network

~

Allen Street Delancey Street to Houston Street
Avenue of the Americas West Broadway to Houston Street
Beach Street West Broadway to Varick Street
Canal Street Manhattan Bridge to West Street
Chrystie Street Delancey Street to Houston Street
Delancey Street Williamsburg Bridge to Bowery
Dyer Avenue 34th Street to Lincoln Tunnel
Dyer Avenue Lincoln Tunnel to 42nd Street
Houston Street Allen Street to Varick Street
Hudson Street Laight Street to Holland Tunnel Entrance
Kenmare Street Bowery to Lafayette Street
Lafayette Street Kenmare Street to Canal Street
Laight Street Varick Street to Canal Street
**Queens Midtown Tunnel 34th Street to Tunnel Approach
**Queens Midtown Tunnel 34th Street to Tunnel Exit
Trans-Manhattan Expway Alexander Hamilton Bridge to George Washington Bridge
Varick Street Houston Street to Holland Tunnel Entrance
Walker Street Canal Street to West Broadway
West Broadway Beach Street to Avenue of the Americas
West Street Brooklyn Battery Tunnel to Gansevoort Street
11th Avenue Gansevoort Street to 22nd Street
11th Avenue 34th Street to 42nd Street
12th Avenue 22nd Street to 34th Street
**34th Street Queens Midtown Tunnel Entrance to Dyer Avenue
34th Street Dyer Avenue to 12th Avenue
40th Street Lincoln Tunnel entrance to 11th Avenue
42nd Street Dyer Avenue to 11th Avenue

~

** All through trucks are prohibited from 34th Street between the Queens Midtown Tunnel and Dyer Avenue between the hours of 11:00 A.M. and 6:00 P.M.

   (2) Local trucks. An operator of any truck as defined in paragraph (a)(1) above, having an origin or destination for the purpose of delivery, loading or servicing within the Borough of Manhattan, shall restrict the operation of such vehicle to those street segments designated on the following list as “Local Truck Routes,” except that an operator may operate on a street not designated below for the purpose of leaving his/her origin or arriving at his/her destination (subject to restrictions specified in 34 RCNY § 4-13(d)(3) through (d)(5)). This shall be accomplished by leaving a designated truck route at an intersection that is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route, provided that the operator’s next destination does not require that he/she cross a designated truck route. All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Local Truck Routes

~

Adam Clayton Powell, Jr., Blvd. Central Park North to 155th Street
Allen Street Division Street to Houston Street
Amsterdam Avenue 59th Street to 181st Street
Avenue of the Americas (6th Avenue) Church Street to 31st Street
Barclay Street Broadway to West Street
Battery Park Underpass South Street to West Street
Battery Place State Street to West Street
Beach Street West Broadway to Varick Street
Bowery St. James Place to Cooper Square
Broadway State Street to 14th Street
Broadway 17th Street to 31st Street
Broadway Columbus Circle to 230th Street
Broome Street Centre Street to Watts Street
Canal Street Chrystie Street to West Street
Canal Street Chrystie Street to Forsyth Street
Cathedral Parkway (110th Street) 8th Avenue to Broadway
Central Park North Adam Clayton Powell, Jr., Blvd. to 8th Ave.
Central Park South Columbus Circle to Grand Army Plaza
Central Park Traverse Roads 1, 2, 3 & 4 Fifth Avenue to Central Park West
Central Park West 81st Street to 82nd Street
Centre Street Canal Street to Broome Street
Chrystie Street Canal Street to Houston Street
Church Street Liberty Street to Avenue of the Americas
Clarkson Street 7th Avenue South to West Street
Columbus Avenue 59th Street to Cathedral Parkway
Columbus Circle Entire Length
Cooper Square Bowery to Third Avenue
Delancey Street Williamsburg Bridge to Bowery
Division Street Bowery to Pike Street
Dyer Avenue Lincoln Tunnel to 42nd Street
Dyer Avenue Lincoln Tunnel to 34th Street
Forsyth Street Division Street to Canal Street
Fort Washington Avenue 178th Street to 181st Street Avenue
Grand Street Allen Street to West Broadway
Greenwich Avenue Avenue of the Americas to 8th Avenue
Houston Street 1st Avenue to West Street
Hudson Street Worth Street to 8th Avenue
Kenmare Street Bowery to Lafayette Street
Lafayette Street Kenmare Street to Canal Street
Laight Street Varick Street to Canal Street
Lexington Avenue 23rd Street to 125th Street
Lincoln Tunnel Access 30th Street to Lincoln Tunnel
Madison Avenue 84th Street to 86th Street
Madison Avenue 96th Street to 97th Street
Madison Avenue 125th Street to Madison Avenue Bridge
Maiden Lane South Street to Water Street
Nagle Avenue Broadway to l0th Avenue
Pearl Street Water Street to St. James Place
Pike Slip South Street to Cherry Street
Pike Street Cherry Street to Division Street
Queens Midtown Tunnnel Approach 34th Street to Tunnel
Queens Midtown Tunnel Exit 34th Street to Tunnel
St. James Place Pearl Street to Bowery
South Street State Street to Pike Slip
State Street South Street to Broadway
Trans-Manhattan Expway Alexander Hamilton Bridge to George Washington Bridge
Trinity Place Brooklyn Battery Tunnel to Liberty Street
Union Square East 14th Street to 17th Street
Varick Street West Broadway to 7th Avenue South
Vesey Street Broadway to West Street
Walker Street Canal Street to West Broadway
Water Street State Street to Pearl Street
Watts Street Broome Street to Holland Tunnel entrance
West Broadway Worth Street to Varick Street
West Broadway Beach Street to Grand Street
West Street Battery Park Underpass to Gansevoort Street
Worth Street St. James Place to Hudson Street
1st Avenue Houston Street to Willis Avenue Bridge
2nd Avenue Houston Street to 128th Street
3rd Avenue Cooper Square to 125th Street
5th Avenue 22nd Street to 26th Street
5th Avenue 85th Street to 86th Street
5th Avenue 125th Street to 138th Street
6th Avenue (Avenue of the Americas) Church Street to 31st Street
7th Avenue 14th Street to 31st Street
7th Avenue South Varick Street to 14th Street
8th Avenue Hudson Street to Columbus Circle
8th Street Avenue of the Americas to Broadway
9th Avenue 14th Street to 59th Street
l0th Avenue Little West 12th Street to 59th Street
l0th Avenue Nagle Avenue to Broadway
11th Avenue Gansevoort Street to 57th Street
11th Ave. service road Gansevoort Street to 23rd Street
12th Avenue 22nd Street to 59th Street
14th Street 1st Avenue to 11th Avenue
15th Street 9th Avenue to 11th Avenue
17th Street Union Square East to Broadway
22nd Street 5th Avenue to Broadway
23rd Street 1st Avenue to 12th Avenue
26th Street 5th Avenue to Broadway
30th Street Broadway to 11th Avenue
31st Street 3rd Avenue to l0th Avenue
34th Street 1st Avenue to 12th Avenue
36th Street Queens Midtown Tunnel entrance to 2nd Ave.
40th Street Lincoln Tunnel entrance to 11th Avenue
41st Street 9th Avenue to Lincoln Tunnel entrance
42nd Street 1st Avenue to 12th Avenue
57th Street 1st Avenue to 12th Avenue
59th Street 1st Avenue to Grand Army Plaza
60th Street 1st Avenue to Lexington Avenue
65th Street 1st Avenue to 5th Avenue
65th Street Central Park West to Amsterdam Avenue
66th Street 1st Avenue to 5th Avenue
66th Street Central Park West to Amsterdam Avenue
75th Street Amsterdam Avenue to Broadway
79th Street 1st Avenue to 5th Avenue
79th Street Columbus Avenue to Broadway
81st Street Central Park West to Columbus Avenue
82nd Street Central Park West to Broadway
84th Street Madison Avenue to 5th Avenue
86th Street 1st Avenue to 5th Avenue
86th Street Central Park West to Broadway
96th Street 1st Avenue to 5th Avenue
96th Street Central Park West to Broadway
97th Street Madison Avenue to 5th Avenue
97th Street Central Park West to Broadway
116th Street 1st Avenue to Adam Clayton Powell, Jr., Blvd.
124th Street 1st Avenue to Triborough Bridge entrance
125th Street 1st Avenue to Broadway
128th Street 2nd Avenue to 3rd Avenue Bridge
138th Street Madison Avenue Bridge to 5th Avenue
145th Street 145th Street Bridge to Broadway
155th Street Macombs Dam Bridge to Broadway
178th Street Amsterdam Avenue to George Washington Bridge exit
179th Street Amsterdam Avenue to George Washington Bridge entrance
181st Street Washington Bridge to Fort Washington Ave.
207th Street University Heights Bridge to Broadway
215th Street Tenth Avenue to Broadway

~

   (3) Limited truck zones.

      (i) Restrictions. Notwithstanding the provisions of paragraphs (a), (d)(1) and (d)(2) of this section, no operator of a truck as defined in paragraph (a)(1) of this section shall operate, enter, stop, stand or park his/her vehicle upon any of the streets designated on the following list as “Limited Truck Zones” except for the purpose of making a delivery, loading or servicing within said zone. This shall be accomplished by leaving a designated truck route at the intersection that is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route provided that the operator’s next destination does not require that he/she cross a designated truck route.

      (ii) Time period. 24 hours per day, 7 days per week.

      (iii) Zones

         Zone A – Chelsea Bounded by the northern property line of 16th Street, the eastern property line of Ninth Avenue, the northern property line of 18th Street, the eastern property line of Tenth Avenue, the southern property line of 30th Street, the western property line of Eighth Avenue, the southern property line of 25th Street, the western property line of Seventh Avenue, the northern property line of 19th Street and the western property line of Eighth Avenue. Trucks passing completely through the designated area, or entering it for the purpose of reaching or leaving a street within these boundaries, are permitted to traverse 23rd Street, Eighth Avenue and Ninth Avenue only.

         Zone B – Chinatown Bounded by the northern property line of Worth Street, the eastern property line of Baxter Street, the southern property line of Canal Street, the western property line of the Bowery, and the western property line of Chatham Square.

         Zone C – Greenwich Village Bounded by the northern property line of Spring Street, the eastern property line of Varick Street, the eastern property line of Seventh Avenue South, the northern property line of Clarkson Street, the eastern property line of Hudson Street, the northern property line of Morton Street, the eastern property line of Washington Street, the southern property line of Gansevoort Street, the southern property line of 14th Street, the western property line of Avenue of the Americas, the southern property line of 12th Street, the western property line of University Place, the southern property line of 8th Street, the western property line of Mercer Street, the northern property line of Houston Street, and the western property line of West Broadway. Trucks passing completely through the designated area, or entering it for the purpose of reaching or leaving a street within these boundaries, are permitted to traverse Avenue of the Americas, Eighth Avenue, Eighth Street, Greenwich Avenue, Hudson Street (Northbound only), Seventh Avenue South, Varick Street and Houston Street only. Trucks with neither an origin nor a destination within Manhattan are restricted to Houston Street and Avenue of the Americas between Spring and Houston Streets only.

         Zone D – Little Italy Bounded by the northern property line of Canal Street, the eastern property line of Centre Street, the eastern property line of Cleveland Place, the eastern property line of Lafayette Street, the southern property line of Houston Street and the western property line of Bowery. Trucks passing completely through the designated area, or entering it for the purpose of reaching or leaving a street within these boundaries, are permitted to traverse Grand Street, Kenmare Street and Canal Street only. Trucks with neither an origin nor a destination within Manhattan are restricted to Canal Street only.

         Zone E – Lower East Side Bounded by the northern property line of Senator Robert F. Wagner Place, the eastern property line of St. James Place, the eastern property line of East Broadway, the southern property line of Montgomery Street, and the western property line of South Street. Trucks passing completely through the designated area, or entering it for the purpose of reaching or leaving a street within these boundaries, are permitted to traverse Pike Slip and Pike Street only.

   (4) Special garment center rule.

      (i) Restrictions. Notwithstanding the provisions of paragraphs (a), (d)(1) and (d)(2) of this section, no operator of a truck as defined in paragraph (a)(1) of this section shall operate, enter, stop, stand or park his/her vehicle upon any of the streets included within the boundaries designated below except for the purpose of making a delivery, loading or servicing on said streets. An operator shall not enter a street within the designated boundaries for the sole purpose of gaining access to a designated truck route, or to an adjacent street within said boundaries.

      (ii) Time period. 9:00 A.M. to 5:00 P.M., Monday through Friday.

      (iii) Boundaries. Bounded by the northern property line of 34th Street, the eastern property line of Eighth Avenue, the southern property line of 42nd Street and the western property line of Avenue of the Americas. Trucks passing completely through the designated area, or entering it for the purpose of reaching or leaving a street within these boundaries, are permitted to traverse Seventh Avenue and Broadway only.

   (5) Operation of vehicles 33 feet or more in length restricted. Notwithstanding the provisions of 34 RCNY § 4-08(1)(2) and (3) and 34 RCNY § 4-13, no operator of a vehicle or combination of vehicles used for the transportation of merchandise, having an overall length of 33 feet or more including load and bumpers, shall operate, enter, traverse, stop, stand, or park any such vehicle or combination of vehicles upon any of the streets included in the area bounded by the south property line of West 42nd Street, the west property line of 5th Avenue, the north property line of West 34th Street, and the east property line of 9th Avenue, all in the Borough of Manhattan, between the hours of 8 a.m. and 10 a.m., and between 12 noon and 6 p.m., Monday through Friday inclusive, except that the operator of any such vehicle or combination of vehicles who has lawfully entered this area may allow such vehicle or combination of vehicles to remain therein while being expeditiously loaded or unloaded, but must remove same therefrom before 12 noon, and provided that any vehicle or combination of vehicles 33 feet or more in length may enter such area in order to reach an off-street parking facility or terminal therein where such parking facility or terminal is sufficient in size to accommodate the vehicle or combination of vehicles, and where no waiting, loading, or unloading on the street by such vehicle or combination of vehicles will take place. Such vehicle or combination of vehicles may not stop between an entry point into the area and its destination for any purpose other than to conform with traffic rules.

   (6) Special rules for vehicles 33 feet or more in length in the financial district and midtown core.

      (i) Financial district.

         (A) Time period. 11:00 A.M. to 2:00 P.M., Monday through Friday.

         (B) Restrictions. Notwithstanding the provisions of subdivisions (a), (d)(1) and (d)(2) of this section, no operator of a vehicle having an overall length of 33 feet or more shall enter his/her vehicle upon any of the streets included within the boundaries designated below.

         (C) Exceptions. Trucks having an overall length of 33 feet or more whose operator has in his/her possession a special permit issued by the Department of Transportation.

         (D) Boundaries. Bounded by the eastern property line of Whitehall Street, the eastern property line of Broadway, the eastern property line of Park Row, the southern property line of Frankfort Street, the western property line of Pearl Street, and the western property line of Water Street.

      (ii) Midtown core.

         (A) Time period. 12:00 Noon to 6:00 P.M. Monday through Friday.

         (B) Restrictions. Notwithstanding the provisions of paragraphs (a) and (d)(1), through (d)(4) of this section, no operator of a vehicle having an overall length of 33 feet or more shall enter his/her vehicle upon any of the streets included within the boundaries designated below.

         (C) Exceptions. Vehicles having an overall length of 33 feet or more whose operator has in his/her possession a special permit issued by the Department of Transportation.

         (D) Boundaries. Bounded by the northern property line of 42nd Street, the eastern property line of Seventh Avenue, the southern property line of Central Park South, the southern property line of 59th Street, and the western property line of Third Avenue. Trucks having an overall length of 33 feet or more passing completely through the designated area are permitted to traverse 57th Street and Lexington Avenue only.

  1. Truck routing rules for the Borough of Brooklyn.

   (1) Through trucks. An operator of any truck as defined in paragraph (a)(1) above, having neither an origin nor a destination within the Borough of Brooklyn, shall restrict the operation of such vehicle to those street segments on the following list. These are designated as “Through Truck Routes.” All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Through Truck Route Network

~

Atlantic Avenue Columbia Street to Queens County Line
Brooklyn-Queens Expressway Gowanus Expressway to Queens County Line
Brooklyn-Queens Expressway Ramp Williamsburg Bridge to Brooklyn-Queens Expressway
Church Avenue McDonald Avenue to Flatbush Avenue
Columbia Street Atlantic Avenue to Brooklyn-Queens Expressway Ramps North to Congress Street
Conduit Boulevard Atlantic Avenue to Queens County Line
Flatbush Avenue Fulton Street to Atlantic Avenue and Church Avenue to Marine Parkway Bridge
Flatbush Avenue Extension Manhattan Bridge to Fulton Street
Gowanus Expressway Brooklyn Battery Tunnel to Verrazano Narrows Bridge
Jay Street Manhattan Bridge Exit Ramp to Sands Street
McDonald Avenue l0th Avenue to Church Avenue
Prospect Expressway Gowanus Expressway to Church Avenue
Sands Street Jay Street to Brooklyn-Queens Expressway Entrance
Tillary Street Flatbush Avenue Extension to Brooklyn-Queens Expressway Ramps
3rd Avenue Flatbush Avenue to Atlantic Avenue
l0th Avenue Prospect Expressway Exit Ramp to McDonald Avenue

~

   (2) Local trucks. An operator of any truck as defined in paragraph (a)(1) above, with an origin or destination for the purpose of delivery, loading or servicing within the Borough of Brooklyn, may only operate such vehicle over the following listed streets, except that an operator may operate on a street not designated below for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route at the intersection that is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route, provided that the operator’s next destination does not require that he/she cross a designated truck route. All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Local Truck Route Network

~

Adams Street Sands Street to Front Street
Ainslie Street Rodney Street to Union Avenue
Ash Street McGuinness Boulevard to Commercial Street
Atlantic Avenue Furman Street to Queens County Line
Avenue D Linden Boulevard to Foster Avenue
Avenue M Flatlands Avenue to Kings Highway
Avenue N Kings Highway to Flatlands Avenue
Avenue T Flatbush Avenue to Ralph Avenue
Avenue U 86th Street to East 55th Street
Bay Parkway Kings Highway to Belt Parkway Eastbound Service Road
Bay Street Columbia Street to Smith Street
Beard Street Van Brunt Street to Otsego Street
Bedford Avenue Rogers Avenue to Taylor Street
Bergen Street 3rd Avenue to 5th Avenue
Box Street Commercial Street to McGuinness Boulevard
Bridgewater Street Norman Avenue to Varick Street
Broadway Kent Avenue to Jamaica Avenue
Brooklyn-Queens Expressway Gowanus Expressway to Queens County Line
Brooklyn-Queens Expressway Access Ramp Williamsburg Bridge to Brooklyn-Queens Expressway
Cadman Plaza West Furman Street to Court Street
Caton Avenue McDonald Avenue to Linden Boulevard
Cherry Street Vandervoort Avenue to Varick Avenue
Church Avenue Old New Utrecht Road to Linden Boulevard
Classon Avenue Kent Avenue to Flushing Avenue
Clinton Street Hamilton Avenue to Bay Street
Columbia Street Atlantic Avenue to Irving Street; and Bay Street to Halleck Street
Commercial Street Manhattan Avenue to Franklin Street
Concord Street Flatbush Avenue Extension to Jay Street
Conduit Boulevard Atlantic Avenue to Queens County Line
Coney Island Avenue Caton Avenue to Neptune Avenue
Cooper Street Broadway to Queens County Line
Court Street Hamilton Avenue to Bay Street; and Cadman Plaza West to Atlantic Avenue
Cropsey Avenue 18th Avenue to Neptune Avenue
DeKalb Avenue Nostrand Avenue to Flatbush Avenue Extension
Delavan Street Columbia Street to Van Brunt Street
Driggs Avenue South 4th Street to Broadway
East New York Avenue Troy Avenue to Rockaway Avenue
Empire Boulevard Flatbush Avenue to Utica Avenue
Flatbush Avenue Fulton Street to Marine Parkway Bridge
Flatbush Avenue Extension Manhattan Bridge to Fulton Street
Flatlands Avenue Avenue N to Pennsylvania Avenue
Flushing Avenue Navy Street to Queens County Line
Fort Hamilton Parkway 82nd Street to 92nd Street
Foster Avenue Kings Highway to Remsen Avenue
Fountain Avenue Linden Boulevard to Spring Creek Landfill Site
Franklin Street Commercial Street to Kent Avenue
Freeman Street Provost Street to McGuinness Boulevard
Front Street Cadman Plaza West to Hudson Avenue
Fulton Street Jewell Square to Pennsylvania Avenue
Furman Street Cadman Plaza West to Atlantic Avenue
Gardner Avenue Grand Street to Meadow Street
Gowanus Expressway Brooklyn Battery Tunnel to Verrazano Narrows Bridge
Grand Street Grand Street Extension to Queens County Line
Grand Street Extension Havemeyer Street to Grand Street
Green Street McGuinness Boulevard to Provost Street
Greenpoint Avenue Van Dam Street to Queens Boulevard
Halleck Street Otsego Street to Columbia Street
Hamilton Avenue Van Brunt Street to 3rd Avenue
Harrison Avenue Union Avenue to Flushing Avenue
Havemeyer Street Broadway to South 4th Street
Herkimer Street Van Sinderen Avenue to Jewell Square
Hicks Street Hamilton Avenue to Nelson Street
Hudson Avenue Front Street to Navy Street
Irving Street Van Brunt Street to Columbia Street
Jamaica Avenue Broadway to Pennsylvania Avenue
Jay Street Prospect Street to Fulton Street
Johnson Avenue Flushing Avenue to Morgan Avenue
Kane Street Columbia Street to Van Brunt Street
Kent Avenue Franklin Street to Myrtle Avenue
Kings Highway Foster Avenue to Bay Parkway
Kingsland Avenue Greenpoint Avenue to Norman Street
Knickerbocker Avenue Flushing Avenue to Morgan Avenue
Lafayette Avenue Flatbush Avenue to Nostrand Avenue
Lee Avenue Taylor Street to Flushing Avenue
Linden Boulevard Caton Avenue to Queens County Line
Lombardy Street Vandervoort Avenue to Varick Avenue
Louisiana Street Vandalia Avenue to Seaview Avenue
Manhattan Avenue Commercial Street to Greenpoint Avenue
Marcy Avenue Metropolitan Avenue to Division Avenue
McDonald Avenue 20th Street to Shell Road
McGunness Boulevard Ash Avenue to Meeker Avenue
Meadow Street Gardner Avenue to Varick Avenue
Meeker Avenue Metropolitan Avenue to Varick Avenue
Metropolitan Avenue Kent Avenue to Queens County Line
Morgan Avenue Meeker Avenue to Flushing Avenue
Myrtle Avenue Jay Street to Queens County Line
Nassau Street Flatbush Avenue Extension to Flushing Avenue
Navy Street Hudson Avenue to Tillary Street
Nelson Street Hicks Street to Columbia Street
Neptune Avenue Cropsey Avenue to Coney Island Avenue
Norman Avenue North Henry Street to Bridgewater Street
North Henry Street Greenpoint Avenue to Norman Street
North l0th Street Union Avenue to Kent Avenue
North 11th Street Kent Avenue to Union Avenue
Nostrand Avenue Flushing Avenue to Flatbush Avenue
Old New Utrecht Road Church Avenue to 14th Avenue
Paidge Avenue McGuinness Boulevard to Provost Street
Pennsylvania Avenue Jamaica Avenue to Vandalia Avenue; and Seaview Avenue to Spring Creek Landfill Site
Prospect Avenue 3rd Avenue to Prospect Expressway 4th Avenue Exit
Prospect Expressway Gowanus Expressway to Church Avenue
Prospect Street Cadman Plaza West to Jay Street
Provost Street Paidge Avenue to Greenpoint Avenue
Ralph Avenue Foster Avenue to Avenue T
Remsen Avenue Empire Boulevard to Flatlands Avenue
Rockaway Avenue Broadway to East New York Avenue
Rodney Street Division Avenue to Metropolitan Avenue
Roebling Street Metropolitan Avenue to South 5th Street; and Broadway to Lee Avenue
Rogers Avenue Flatbush Avenue to Bedford Avenue
Sands Street Adams Street to Navy Street
Schermerhorn Street Smith Street to Flatbush Avenue
Seaview Avenue Louisiana Avenue to Pennsylvania Avenue
Shell Road McDonald Avenue to Neptune Avenue
Smith Street Fulton Street to Atlantic Avenue; and Bay Street to 9th Street
South 3rd Street Roebling Street to Grand Street Extension
South 4th Street Rodney Street to Driggs Avenue
Taylor Street Bedford Avenue to Lee Avenue
Terrace Place McDonald Avenue to 11th Avenue
Tillary Street Cadman Plaza West to Navy Street
Troy Avenue East New York Avenue to Empire Boulevard
Union Avenue Harrison Avenue to Flushing Avenue
Union Avenue North 11th Street to Lorimer Street
Utica Avenue Atlantic Avenue to Flatbush Avenue
Van Brunt Street Kane Street to Beard Street
Vandalia Avenue Louisiana Avenue to Pennsylvania Avenue
Van Dam Street Meeker Avenue to Bridgewater Street
Vandervoort Avenue Meeker Avenue to Grand Street
Van Sinderen Avenue Broadway to Herkimer Street
Varick Avenue Lombardy Street to Meeker Avenue
Varick Avenue Metropolitan Avenue to Flushing Avenue
Varick Street Meeker Avenue to Bridgewater Street
Williamsburg Street East Kent Avenue to Division Avenue
Williamsburg Street West Park Avenue to Division Avenue
Woodhull Street Hamilton Avenue Westbound to Hamilton Avenue Eastbound
York Street Navy Street to Front Street
1st Avenue 39th Street to 58th Street
2nd Avenue 58th Street to 60th Street
3rd Avenue Flatbush Avenue to 65th Street
4th Avenue Flatbush Avenue to 39th Street
5th Avenue Atlantic Avenue to Bergen Street
6th Avenue 60th Street to 65th Street/Gowanus Expressway
7th Avenue Prospect Expressway to 20th Street; and 65th Street to 92nd Street
9th Street Clinton Street to 4th Avenue
l0th Avenue Prospect Expressway to 20th Street
11th Avenue 18th Street to Terrace Place
14th Avenue Church Avenue to 39th Street
18th Avenue 86th Street to Cropsey Avenue
20th Avenue 3rd Avenue to l0th Avenue
25th Street Cropsey Avenue to 86th Street
39th Street 1st Avenue to 14th Avenue
43rd Street 3rd Avenue to 1st Avenue
58th Street 1st Avenue to 3rd Avenue
60th Street 2nd Avenue to 6th Avenue
65th Street 3rd Avenue to McDonald Avenue
86th Street Fort Hamilton Parkway to l8th Avenue; and 25th Avenue to Avenue U
92nd Street Fort Hamilton Parkway to 7th Avenue

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  1. Truck routing rules for the Borough of the Bronx. (1) Through trucks. An operator of any truck as defined in paragraph (a)(1) above, having neither an origin nor a destination within the Borough of the Bronx, will restrict the operation of such vehicle to those street segments on the following list. These are designated as “Through Truck Routes.” All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Through Truck Route Network

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Bruckner Boulevard Willis Avenue Bridge to Bruckner Expressway Approach
Bruckner Expressway New England Thruway to Triborough Bridge
Cross Bronx Expressway Alexander Hamilton Bridge to Cross Bronx Expressway
Cross Bronx Expressway Cross Bronx Expressway to Extension Throgs Neck Expressway
East 135th Street Major Deegan Expressway Westbound – Willis Avenue Exit to Third Avenue Bridge Approach
Exterior Street Major Deegan Expressway Southbound – East 138th Street Exit to Third Avenue Bridge
Hutchinson River Parkway Bruckner Expressway to Bronx-Whitestone Bridge
Major Deegan Expressway City Line to Triborough Bridge
New England Thruway City Line to Bruckner Expressway
Sheridan Expressway Cross Bronx Expressway to Bruckner Expressway
Throgs Neck Expressway Bruckner Expressway to Throgs Neck Bridge
Willis Avenue Willis Ave. Bridge to East 135th Street

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   (2) Local trucks. An operator of any truck as defined in paragraph (a)(1) above, with an origin or destination for the purpose of delivery, loading or servicing within the Borough of the Bronx, will only operate such vehicle over the following listed streets, except that an operator may operate on a street not designated below for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route at the intersection that is nearest and provides the most direct route to his/her destination, proceeding by the most direct route while observing existing street directions and turn restrictions, and then returning to the nearest designated truck route by the most direct route. If the operator has additional destinations in the immediate vicinity, he/she may proceed by the most direct route to his/her next destination without returning to a designated truck route, provided that the operator’s next destination does not require that he/she cross a designated truck route. All trucks must adhere to all posted signs indicating locations that limit the height of vehicles permitted to operate thereon.

Local Truck Route Network

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Allerton Avenue White Plains Road to Williamsbridge Road
Bailey Avenue Van Cortlandt Park South to Sedgwick Ave.
Barry Street Leggett Avenue to Oak Point Avenue
Bartow Avenue East Gun Hill Road to Baychester Avenue
Baychester Avenue East 241st Street to Edson Avenue, New England Thruway (Northbound) Bartow Avenue Exit to Co-op City Boulevard
Bergen Avenue Willis Avenue to Westchester Avenue
Boone Avenue West Farms Road to Whitlock Avenue
Boston Road City Line to Bronx Park East, East Tremont Avenue to Third Avenue
Broadway City Line to New York County Line
Bronx Park East Boston Road to White Plains Road
Brook Avenue Webster Avenue to Elton Avenue
Bruckner Boulevard (Northbound) Third Avenue Bridge to Kearney Avenue, Kearney Avenue to MacDonough Place, MacDonough Place to Shore Road
Bruckner Boulevard (Southbound) Shore Road to Third Avenue Bridge
Bruckner Expressway New England Thruway to Triborough Bridge
Bryant Avenue Bruckner Boulevard to Garrison Avenue
Castle Hill Avenue East Tremont Avenue to Lacombe Avenue
City Island Avenue City Island Road to Belden Street
City Island Road Shore Road to City Island Avenue
Commerce Avenue Westchester Avenue to Zerega Avenue
Conner Street Provost Avenue to Tillotson Avenue
Cross Bronx Expressway Alexander Hamilton Bridge to Cross Bronx Expressway Extension
Cross Bronx Expressway Eastbound Service Road Park Avenue to Cross Bronx Expressway Eastbound Entrance Ramp, Harrod Avenue to Bruckner Interchange
Cross Bronx Expressway Extension Cross Bronx Expressway to Throgs Neck Expressway
Cross Bronx Expressway Westbound Service Road Bruckner Interchange to Westchester Avenue, Hugh J. Grant Circle to East 177th Street
Depot Place Sedgwick Avenue to Exterior Street
Dickinson Avenue West Gun Hill Road to Sedgwick Avenue
Dupont Street Leggett Avenue to Oak Point Avenue
East Bay Avenue Tiffany Street to Halleck Street
East Burnside Avenue Jerome Avenue to Valentine Avenue
Eastchester Road Boston Road to Williamsbridge Road
East Fordham Road Jerome Avenue to Pelham Parkway
East Gun Hill Road Jerome Avenue to New England Thruway
East Tremont Avenue Valentine Avenue to Dewey Avenue
East 135th Street Major Deegan Expressway Westbound – Willis Avenue Exit to Third Avenue Bridge Approach
East 138th Street Madison Avenue Bridge to East River
East 148th Street Third Avenue to Bergen Avenue
East 149th Street 145th Street Bridge to East River
East 150th Street Third Avenue to Melrose Avenue
East 161st Street Jerome Avenue to Elton Avenue
East 163rd Street Elton Avenue to Stebbins Avenue, Stebbins Avenue to Hunts Point Avenue
East 167th Street Jerome Avenue to River Avenue
East 174th Street Webster Avenue to Park Avenue
East 175th Street Cross Bronx Expressway (Westbound) – Webster Avenue Exit to Webster Avenue
East 177th Street East Tremont Avenue to Cross Bronx Expressway Service Roads
East 233rd Street Jerome Avenue to Boston Road
East 241st Street White Plains Road to Baychester Avenue
Edgewater Road Halleck Street to Bruckner Boulevard
Edson Avenue Baychester Avenue to East Gun Hill Road
Edward L. Grant Highway Washington Bridge to Jerome Avenue
Elton Avenue East 163rd Street to East 161st Street
Exterior Street Jerome Avenue to Third Avenue Bridge
Garrison Avenue Leggett Avenue to Tiffany Street, Bryant Avenue to Edgewater Road
Givan Avenue New England Thruway Southbound Service Road to Baychester Avenue
Halleck Street Edgewater Road to Ryawa Avenue
Hollers Avenue New England Thruway (Southbound) – Conner Street Exit to Conner Street
Hunts Point Avenue Southern Boulevard to Bruckner Boulevard, Randall Avenue to Halleck Street, Ryawa Avenue to New Market Road
Hutchinson River Parkway and Southbound Service Road Bruckner Interchange to Bronx-Whitestone Bridge
Jerome Avenue City Line to Major Deegan Expressway Approaches at the Macombs Dam Bridge
Kearney Avenue Bruckner Boulevard (Northbound) to Bruckner Boulevard (Northbound)
Lacombe Avenue Soundview Avenue to Castle Hill Avenue
Lane Avenue (Westchester Square) East Tremont Avenue to Westchester Avenue
Legget Avenue Southern Boulevard to Randall Avenue
Macombs Dam Bridge Approach Macombs Dam Bridge to Jerome Avenue
Major Deegan Expressway City Line to Triborough Bridge
MacDonough Place Bruckner Boulevard (Northbound) to Bruckner Boulevard (Northbound)
Melrose Avenue Webster Avenue to Willis Avenue
Morris Park Avenue Eastchester Road to East Tremont Avenue
Nereid Avenue Webster Avenue to White Plains Road
New England Thruway City Line to Bruckner Expressway
New England Thruway Southbound Service Road Coroner Street to Givan Avenue
New Market Road East Bay Avenue to Hunts Point Avenue
Oak Point Avenue Barry Street to Halleck Street
Park Avenue East 174th Street to Cross Bronx Expressway Eastbound Service Road
Pelham Parkway East Fordham Road to White Plains Road
Pelham Parkway North Eastchester Road to Boston Road
Pelham Parkway South Boston Road to Eastchester Road
Provost Avenue City Line to Conner Street
Randall Avenue Leggett Avenue to Halleck Street, Cross Bronx Expressway Extension to East Tremont Avenue
River Avenue Jerome Avenue to East 149th Street
Ryawa Avenue Halleck Avenue to New Market Road
Sedgwick Avenue Bailey Avenue to West Fordham Road – Jerome Avenue to Depot Place, Van Cortlandt Avenue West to Dickinson Avenue
Sheridan Expressway East Tremont Avenue to Bruckner Expressway
Shore Road Bruckner Expressway to City Island Road
Silver Street Williamsbridge Road to East Tremont Avenue
Soundview Avenue Bruckner Boulevard to Lacomb Avenue
Southern Boulevard East Fordham Road to East 163rd Street, Leggert Avenue to East 149th Street
Stebbins Avenue East 163rd Street to East 163rd Street
Third Avenue Bruckner Boulevard to East Fordham Road
Throgs Neck Expressway Bruckner Expressway to Throgs Neck Bridge
Tiffany Street Bruckner Boulevard to Viele Avenue
Tillotson Avenue Conner Street to Co-op City Boulevard
Truxton Street Leggett Avenue to Oak Point Avenue
University Avenue West Fordham Road to Washington Bridge
Valentine Avenue East Burnside Avenue to East Tremont Ave.
Van Cortlandt Avenue West Bailey Avenue to Sedgwick Avenue
Van Cortlandt Park South Broadway to Bailey Avenue
Viele Avenue Tiffany Street to Halleck Street
Webster Avenue City Line to Melrose Avenue
West Burnside Avenue University Avenue to Jerome Avenue
West Farms Road East Tremont Avenue to Boone Avenue
West Fordham Road University Heights Bridge to Jerome Avenue
West 230th Street Broadway to Bailey Avenue
West Gun Hill Road Dickinson Avenue to Jerome Avenue
Westchester Avenue Third Avenue to Bruckner Boulevard
White Plains Road City Line to Bruckner Boulevard
Whitlock Avenue Boone Avenue to Bruckner Boulevard
Whittier Street Bruckner Boulevard to Garrison Avenue
Williamsbridge Boston Road to East Tremont Avenue
Willis Avenue Willis Avenue Bridge to East 149th Street
Zerega Avenue Westchester Avenue to Homer Avenue

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§ 4-14 Parkways and Parks.

(a) Parkways. The following provisions shall govern the use of all parkways:

   (1) Peddlers, vendors, hawkers and hucksters. No peddler, vendor, hawker or huckster shall stop or remain on any part of the right of way or service roads or entrances.

   (2) Use of parkways restricted. Commercial vehicles, pedestrians, horses, limited use vehicles and bicycles are prohibited on parkways.

   (3) Flat tires. No operator shall stop his/her vehicle on the improved or paved roadway of a park or parkway for the purpose of removing or replacing a flat tire. No person shall remove or replace a flat tire unless the vehicle is completely off the improved or paved roadway so that no portion of the vehicle or the person is exposed to passing vehicles.

  1. Restrictions on vehicles.

   (1) Commercial vehicles. Commercial vehicles are prohibited from using any park, except under permit where necessary to make deliveries in such park. Wherever service roads adjoin the main roadway to a park such vehicles are required to use the service roads set apart for such use. In all cases such vehicles must enter the park from the nearest street intersection or entrance, in the direction of traffic, and leave by the nearest intersecting street or exit in the direction of traffic.

   (2) Business or advertising purposes. Vehicles having any name, insignia, or sign painted or displayed thereon for business or advertising purposes are prohibited in parks or parkways except as provided in paragraph (b)(1), above.

   (3) Carriers of offensive refuse or heavy materials. No garbage, ashes, manure, or other offensive material shall be carried through any park. When such refuse is to be removed from premises fronting on any park or improved or paved roadway in a park, the vehicle collecting it must leave the park or improved or paved roadway as soon as the collection has been accomplished, and within the time prescribed by the Commissioner of Parks.

   (4) Buses. No persons shall, except under a permit, drive or operate a bus within any park or on a parkway. Charter buses will be permitted to operate between the shortest possible routes from outside a park to deliver or to pick up their passengers from a picnic, bathing or other recreation area only if a permit to enter the park has been issued to the person sponsoring the outing, picnic, etc. Buses must proceed over the route and to the parking space designated in the permit. Parking in the designated parking space will be limited to the time prescribed in the permit.

   (5) Hearses. No hearse or other vehicles carrying or used for carrying the body of a dead person shall enter or be allowed in any park except by permit.

  1. Restricted areas of parks. No person shall, in any park, drive or operate a vehicle within or upon a safety zone, walk, bridle path or any part of any park designated or customarily used for such purposes. No person shall ride a bicycle, limited use vehicle, or scooter in any park, except in places designated for such riding; but persons may push such machines in single file to and from such places, except on beaches and boardwalks. No person shall ride a limited use vehicle upon any bicycle, pedestrian or bridle path or upon any street or walkway that has been set aside for bicycling while such designation is in effect. No wheelchairs shall be operated in any part of any park unless licensed by the Commissioner of Parks, except that invalids’ wheelchairs may be pushed along the boardwalk and pedestrian walks. No person shall ride or lead a horse or other beast of burden in a park, except on a bridle path or along routes customarily used for access to and from bridle paths.
  2. Projecting articles. No person shall operate or drive in any park or parkway a vehicle containing any person or object projecting or hanging outside or on the top thereof; except that outdoor sports and recreation equipment such as skis, ski poles, fishing rods, beach chairs, beach umbrellas, tent poles, toboggans, and sleds may be carried on the rear of such vehicles or on a rack designed for the purpose and attached to the top thereof, provided that in all cases fastenings shall be secure and substantial, and provided that such equipment so carried shall in no case project more than 12 inches above the top or to the rear of such vehicle.
  3. Driving off pavement.

   (1) No vehicle shall be operated or driven off the improved or paved roadways of any park or parkway unless it is disabled.

   (2) All stalled or disabled vehicles must be removed from paved roadways in parks and parkways so as to prevent obstruction of traffic. If not so removed by the owners then they may be removed by Department of Transportation forces or licensed tow operators at the expense of the owners and in such event neither the City nor such licensed tow operators shall be liable for damages caused to such vehicles during removal.

   (3) No disabled vehicle shall be permitted to remain in a park for a longer period than two hours.

  1. Parking. No person shall, in any park area designated as a parking space,

   (1) fail to comply with an order of a law enforcement officer or any park employee or disobey or disregard the notices, prohibitions, instructions or directions on any park sign or parking meter including the Rules of Museums or Zoological or Botanical Gardens, posted on the grounds or buildings of said institutions.

   (2) between one-half hour after sunset and one-half hour before sunrise, stop or park in a vehicle, except at places designated or maintained therefor.

§ 4-15 Limitations Upon Dimensions and Weights of Vehicles.

(a) Definitions.

   (1) Highway. When used in this section, a highway shall mean the entire width between the boundary lines of every public way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and includes any street, avenue, road, square, place, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct, underpass and any private street open to public motor vehicle traffic.

   (2) Exception. The provisions of this section shall not apply to any vehicle authorized by the Federal Surface Transportation Assistance Act of 1982, as amended, when such vehicle is operating pursuant to the provisions of such act.

  1. Dimensions and weights of vehicles. No person shall operate or move, or cause or knowingly permit to be operated or moved on any highway or bridge any vehicle or combination of vehicles of a size or weight exceeding the limitations provided for in this subdivision (b).

   (1) Width of vehicle. The width of a vehicle, inclusive of load, shall not be more than eight feet except that the width of school buses and fire vehicles shall not exceed 98 inches and the width of buses having a carrying capacity of more than seven passengers shall not exceed 102 inches.

   (2) Height of vehicle. The height of a vehicle from underside of tire to top of vehicle, including its load, shall not be more than 13 1/2 feet; provided, however, that air cargo carried in containers and pallets loaded onto flatbed trucks that thereby exceed such height may travel between any airport under the jurisdiction of the port of New York authority and off-airport facilities involved in the handling of air cargo located within one mile of such airport on local routes to be designated by the Commissioner. Any such vehicle on such route shall not be required to obtain a permit for such travel.

   (3) Length of single vehicles. The length of a single vehicle, inclusive of load and bumpers shall not be more than 35 feet. The provisions of this paragraph (3) shall not apply to semitrailers, fire vehicles, single unit buses having a capacity of more than fifteen passengers, provided the length of such buses does not exceed 45 feet; or articulated buses provided the length of such bus does not exceed 65 feet. Operators of buses longer than 45 feet in length may be required to demonstrate that on-street stops and terminal areas used by such buses are of sufficient length to accommodate them. In no case shall any bus that has a turning radius greater than 50 feet operate without a permit for such operation issued by the Commissioner;

   (4) Length of combinations of vehicles. The total length of a combination of vehicles, inclusive of load and bumpers, shall not be more than 55 feet, except that the combination of vehicle, load and bumper of vehicles hauling poles, girders, columns or other similar objects of great length which are indivisible, shall not be more than 60 feet. The provisions of this paragraph (4) shall not apply to any fire vehicle or to a vehicle or combination of vehicles that is disabled and unable to proceed under its own power and is being towed for a distance of not more than ten miles for the purpose of repair or removal from the highway. The provisions of this paragraph (4) shall not apply to a combination of vehicles that are operating pursuant to subdivision (j) of this section.

   (5) Number of wheels and axles. In determining the number of wheels and axles on any vehicle or combination of vehicles within the meaning of this subdivision (b), only 2 wheels shall be counted for each axle, and axles that are fewer than 46 inches apart from center to center shall be counted as 1 axle. However, in the case of multiple tires or multiple wheels, the sum of the widths of all tires on a wheel or combination of wheels shall be taken in determining tire width.

   (6) Weight per inch of tire. The weight per inch width of tire of any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 800 pounds.

   (7) Weight on one wheel. The weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 11,200 pounds.

   (8) Weight on one axle. The weight on any one axle of a single vehicle or combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 22,400 pounds.

   (9) Weight on two axles. The weight on any two consecutive axles of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, and when such axles are spaced fewer than 10 feet from center to center, shall not be more than 36,000 pounds. Axles shall be counted as provided in paragraph (5) of this subdivision (b).

   (10) Weight on three axles. A single vehicle or a combination of vehicles having 3 axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center of the rearmost axle. Axles shall be counted as provided in paragraph (5) of this subdivision (b). In no case, however, shall the total weight exceed 80,000 pounds, except for a combination of vehicles that are operating, pursuant to Subdivision (j)(3) of this section where the total weight shall not exceed 90,000 pounds, without any tolerance for enforcement purposes.

   (11) Weight on solid rubber tires. A vehicle or combination of vehicles equipped with any solid rubber tires shall not have a load weighing more than 80% of the total weight permitted in this subdivision (b) for pneumatic tires.

   (12) Width of tires. For the purpose of this subdivision (b), the width of pneumatic tires shall be ascertained by measuring the greatest width of the tire casing when the tire is inflated. The width of solid rubber tires shall be ascertained by measuring the width of the tire base channel or between the flanges of the metal rim. No vehicle equipped with solid rubber tires, which has at any point less than 1 inch of rubber above the top or beyond the flange or rim, shall be operated upon a public highway. The width of metal tires shall be ascertained by measuring the width of contact of the tire with the road surface.

   (13) Weight and height restrictions on bridges, viaducts and other structures. No person shall operate or move a vehicle or combination of vehicles over, on or through any bridge, viaduct or other structures on any highway if the weight of such vehicle or combination of vehicles and load is greater than the posted capacity of the structure or exceeds the height of the posted clearance as shown by an official sign or other marking or device.

   (14) Other limits also in effect. Nothing m this subdivision (b) shall be construed as preventing the enforcement of rules now in effect or hereafter promulgated by the Department of Transportation further limiting the size and weight of vehicles in designated areas.

   (15) Permits. Upon application in writing showing good cause, the Commissioner may issue a permit to operate or move a vehicle or a combination of vehicles, the weights and dimensions of which exceed the limitations provided for in this subdivision (b), upon any highway under his/her jurisdiction. Every such permit may designate the route to be traversed and may contain any other restrictions or conditions deemed necessary by the Commissioner. Every such permit shall be carried on the vehicle to which it refers and shall be open to the inspection of any law enforcement officer or any inspector of the Bureau of Weights and Measures of the Department of Consumer Affairs of the City of New York. All permits issued shall be revocable by the Commissioner at his/her discretion without a hearing or the necessity of showing cause.

      (i) If an operator of a vehicle with a gross weight of 300,000 pounds or more seeks to cross a bridge under the jurisdiction of the Department of Transportation of the City of New York, the operator must comply with the following:

         (A) A load rating determined by a New York State licensed Professional Engineer with at least three years experience in the design, inspection and load rating of bridges must be submitted with the permit application. The information contained within such load rating shall include, but is not limited to: (1) the ratings for the inventory and operating level for all structural elements of the bridge so that the critical element of the bridge is identified; (2) the actual weight of the vehicle per axle and the actual axle spacing; and (3) the method used for establishing the capacity of the bridge(s). Load ratings shall be submitted for each bridge on the travel route. Load ratings should conform to “Level 1” load ratings pursuant to New York State Department of Transportation Engineering Instructions for Load Ratings and the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) Condition Evaluation of Bridges. Each load rating must be stamped and certified by the licensed Professional Engineer who prepared it.

         (B) Within one week from the vehicle’s crossover of the bridge(s), the permittee must file a post inspection report of the bridge(s) with the Department. The post inspection report should analyze the structural integrity of the bridge(s), to the Department’s satisfaction, as a result of the vehicle’s crossover. If the post inspection report indicates any type of distress to the bridge(s), the permittee must rectify the distress and/or damage to the Department’s satisfaction. The permittee may submit a pre-inspection report of the bridge’s structural integrity for comparison purposes; otherwise the Department will use its latest biennial inspection reports for such purposes. Any pre or post inspection report must comply with the requirements set forth in the latest edition of the New York State Department of Transportation Bridge Inspection Manual. Any distress that is not identified in the pre-inspection report or the biennial inspection reports will be deemed to have been caused by the move.

         (C) Should the permittee fail to comply with any of the requirements contained in this subparagraph, the Commissioner may refuse to issue future overweight and/or overdimensional vehicle permits to the permittee.

      (ii) [Reserved.]

   (16) Permits for vehicles operating pursuant to governmental regulation.

      (i) Where compliance with the requirements of a governmental regulatory agency necessitates exceeding the weight limitations provided herein, a permit may be issued by the Commissioner on application therefor, for a vehicle to exceed such prescribed weight limitations to the extent necessary to meet the governmental regulatory requirements, but in no event shall the allowable total vehicle weight provided herein be exceeded.

      (ii) The application shall include the type of vehicle, the manner and extent to which the weight limitations are to be exceeded, the design details causing such excess and a copy of the governmental regulatory agency requirements.

   (17) Fees. An administrative fee of $35.00 shall be charged for each and every permit issued under this subdivision (b) unless otherwise provided by law. This fee shall not be refundable and is payable in addition to any other fees or charges provided for under the rules of the Department of Transportation.

   (18) Exemptions.

      (i) Fire Department vehicles. The provisions of this subdivision (b) with respect to the limitations of the weight on axles shall not apply to vehicles of the Fire Department, but in no event shall the allowable total vehicle weight provided hereby be exceeded.

      (ii) Department of Sanitation vehicles. The provisions of this subdivision (b) with respect to the width of a vehicle shall not apply to the sweepers of the Department of Sanitation, provided they do not exceed 11 feet in width.

      (iii) Vehicles working on highways. The provisions of this subdivision (b) with respect to the width of a vehicle shall not apply to vehicles engaged in work on a highway.

  1. Enforcement; measurement and weight of vehicles. Any law enforcement officer or any inspector of the Department of Consumer Affairs of the City of New York having reason to believe that any vehicle or load is in violation of the restrictions in subdivision (b), above, is authorized to stop the vehicle on any public highway or private street open to public motor vehicle traffic and measure and weigh it by means of portable or stationary measures and scales. Any law enforcement officer or such inspector may require that the vehicle be driven to the nearest scales, if they are within 3 miles.
  2. Responsibility for damages. The owner and operator of any vehicle used in the business of a motor carrier, and the carrier, if the vehicle is actually engaged in the conduct of the business, shall be jointly and severally responsible for all damages, to any highway, bridge or culvert resulting from the movement over or under them of any such vehicle that violates any of the weight or size provisions of subdivision (b) above.
  3. Special concrete plant. Upon application in writing and for cause shown, the Commissioner may issue permits to exceed the maximum weight limits provided for in these rules for two- or three-axle vehicles operated in connection with the manufacture or supply of concrete for construction projects located in New York City, provided that such vehicles are registered to or leased by the owner of a manufacturing facility constructed subsequent to January 1, 1986 on land provided by the City for such purposes.
  4. Annual overweight load permit.

   (1) Permits generally. Except where inconsistent with any federal law, rule or regulation, the Commissioner may issue an annual overweight load permit, as provided in subdivision fifteen of section three hundred eighty-five of the Vehicle and Traffic Law, to expire on the date of expiration of the registration of the vehicle, for any vehicle designed and constructed to carry loads that are not of one piece or item, which vehicle currently is registered in this State and operational on public highways in this State and which was registered in this State and operational on public highways in this State immediately prior to January first, nineteen hundred eight-six, in accordance with the following subparagraphs. The Commissioner also may issue an annual permit to a vehicle or combination of vehicles which replaces a vehicle, which vehicle or combination of vehicles was registered in this State and operational on public highways in this State immediately prior to January first, nineteen hundred eighty-six, provided the manufacturer’s recommended maximum gross weight of the replacement vehicle or combination of vehicles does not exceed the weight for which a permit may be issued and the maximum load to be carried on the replacement vehicle or combination of vehicles does not exceed the maximum load which could have been carried on the vehicle being replaced or the registered weight of such vehicle, whichever is lower, in accordance with the following subparagraphs. Motor carriers having apportioned vehicles registered under the international registration plan either must have a currently valid permit as of January first, nineteen hundred ninety-four or shall have designated New York as their base state under the international registration plan in order to be eligible to receive such permit. If a permit holder operates a vehicle or combination of vehicles in violation of any posted weight restriction, the permit issued to such vehicle or combination of vehicles shall be deemed void as of the next day and shall not be reissued for a period of twelve calendar months; provided, however, that if such violation is adjudicated in favor of the permittee by the New York State Traffic Violations Bureau, the permit shall be reinstated immediately upon presentation of a copy of such judgment to the Commissioner.

      (i) A permit may be issued for a vehicle having at least three axles and a wheelbase not exceeding forty-four feet nor less than seventeen feet or for a vehicle with a trailer not exceeding forty feet. A permit may only be issued for such a vehicle having a maximum gross weight not exceeding seventy-nine thousand pounds and any tandem axle group weight shall not exceed fifty-nine thousand pounds, and any tridem shall not exceed sixty-four thousand pounds.

      (ii) A permit may be issued only until December thirty-first, nineteen hundred ninety-nine for a vehicle or combination of vehicles that has been permitted within the past four years having five axles and a wheelbase of at least thirty-six and one-half feet. The maximum gross weight of such a vehicle or combination of vehicles shall not exceed one hundred five thousand pounds and any tandem axle group weight shall not exceed fifty-one thousand pounds. A permit may be issued for a vehicle or combination of vehicles having at least five axles and a wheelbase of at least thirty feet. The maximum gross weight of such vehicle or combination of vehicles shall not exceed ninety-three thousand pounds and any tandem axle group weight shall not exceed forty-five thousand pounds and any tridem axle group weight shall not exceed fifty-seven thousand pounds.

      (iii) A permit may be issued for a vehicle or combination of vehicles having at least five axles or more and a wheelbase of at least thirty-six and one-half feet, provided such permit contains routing restrictions. Until December thirty-first, nineteen hundred ninety-four, the maximum gross weight of a vehicle or combination of vehicles permitted under this subparagraph shall not exceed one hundred twenty thousand pounds and any tandem or tridem axle group weight shall not exceed sixty-nine thousand pounds, provided, however, that any replacement vehicle or combination of vehicles permitted after January first, nineteen hundred ninety-five, shall have at least six axles, any tandem axle group shall not exceed fifty thousand pounds and any tridem axle group shall not exceed sixty-nine thousand pounds. After December thirty-first, nineteen hundred ninety-four, the tridem axle group weight of any vehicle or combination of vehicles issued a permit under this subparagraph shall not exceed sixty-seven thousand pounds, any tandem axle group weight shall not exceed fifty thousand pounds and any single axle weight shall not exceed twenty-five thousand seven hundred fifty pounds. After December thirty-first, nineteen hundred ninety-nine, all vehicles issued a permit under this subparagraph must have at least six axles.

      (iv) A permit may be issued for a vehicle having two axles and a wheelbase not less than ten feet, with the maximum gross weight not in excess of one hundred twenty-five percent of the total weight limitation as set forth in subdivision ten of section three hundred eighty-five of the New York State Vehicle and Traffic Law. Furthermore, any axle weight shall not exceed twenty-seven thousand pounds.

   (2) Combination permits.

      (i) Each power unit of a combination of vehicles must have its own annual overweight load permit. A power unit may be used to obtain any number of permits for different combinations of vehicles as long as each permit has a maximum of five trailers per power unit. Only the first permit issued to a power unit pursuant to this paragraph is transferable pursuant to subparagraph (ii) of paragraph three of this subdivision.

      (ii) A permit issued to a power unit for a combination of vehicles under subparagraph (i) of this paragraph may not be used for trailers other than those specifically listed on each permit.

      (iii) All trailers must be listed on the corresponding permit by vehicle identification number (VIN), license plate number or trailer certificate of title number.

      (iv) For each permit issued to a power unit for a combination of vehicles, up to five trailers will be listed with the payment of a $25.00 fee for each trailer other than the first trailer in addition to the permit fee set forth in subparagraph (ii) of paragraph six of this subdivision.

   (3) Replacement vehicle permits. A “replacement vehicle” is a vehicle or combination of vehicles that replaces a vehicle with a current annual overweight load permit. A replacement vehicle may be eligible for an annual overweight load permit, subject to the following:

      (i) A replacement vehicle or combination of vehicles may be eligible for an annual overweight load permit, provided the manufacturer’s recommended maximum gross weight of the replacement vehicle or combination of vehicles does not exceed the weight for which a permit may be issued pursuant to this section and the maximum load to be carried on the replacement vehicle or combination of vehicles does not exceed the maximum load which could have been carried on the vehicle being replaced or the registered weight of such vehicle, whichever is lower.

      (ii) Effective October 1, 1995, an annual overweight load permit may only be transferred to a replacement vehicle with the same registrant or transferred with the permitted vehicle as part of the sale or transfer of the permit holder’s business. Acceptable forms of proof of the sale or transfer of the permit holder’s business shall include, but not be limited to, a notarized statement, a statement attested to by at least two independent witnesses, a certified copy of the document of sale or transfer, a will or other official document disposing of the business. Only one permit issued to a power unit pursuant to paragraph two above is eligible for transfer.

      (iii) Banking.

         (A) For purposes of this section, “banked weight” shall mean the New York State highest registered gross legal weight of a vehicle or combination of vehicles prior to April first, nineteen hundred eighty-seven; such vehicle or combination of vehicles must have been registered in New York State and operational on public highways in this State immediately prior to January first, nineteen hundred eighty-six in order to be part of the banked weight system.

         (B) Excess weight capacity that can be banked arises from the following situations: (a) a replacement vehicle has a gross vehicle weight less than the banked weight capacity of the replaced vehicle; or (b) the statutory reduction in allowable maximum weights under the permit results in a permissible maximum weight less than the banked weight capacity; or (c) there is a voluntary surrender of a permit or permits in order to obtain one or more replacement permits, and there is excess weight after the issuance of the new permit or permits; or (d) there is a voluntary surrender of a permit without obtaining a new permit.

         (C) Any vehicle whose permit has been surrendered voluntarily, and its weight banked, cannot obtain another annual overweight load permit.

         (D) Banked weight can be used only to justify the acquisition of additional vehicles or combinations of vehicles pursuant to this subdivision. (a) Claims of replacement vehicle rights based on banked weight capacity must indicate the source of the banked weight capacity. (b) The banked weight capacity for any replacement vehicle or combination of vehicles shall not exceed the allowable permitted weight for such replacement vehicle or combination of vehicles, and shall not exceed the gross weight capacity of the replaced vehicle or combination of vehicles. (c) Unused banked weight capacity cannot justify a replacement vehicle or combination of vehicles that has a gross weight capacity greater than the replaced vehicle or combination of vehicles. (d) Any replacement vehicle may be replaced pursuant to the provisions of this section; when a replacement vehicle; has been replaced it becomes ineligible for further annual overweight load permits pursuant to this section.

         (E) If a permit is revoked pursuant to the provisions of this subdivision, the permitted weight cannot be banked.

   (4) Leasing.

      (i) The lessor of a leased vehicle may obtain a permit for the vehicle pursuant to this subdivision (f).

      (ii) The lessee of a leased vehicle who has an exclusive leasing arrangement that exceeds thirty days will be presumed to be the registrant for purposes of obtaining a permit, unless shown otherwise.

      (iii) Where a leasing agreement is for thirty days or less, and the lessor has not obtained a permit for the leased vehicle, the lessee must obtain a single use permit for each day of operation of the leased vehicle pursuant to paragraph fifteen of subdivision (b) of this section.

   (5) Permit application.

      (i) General.

         (A) Except as otherwise provided in this section for daily permits, eligible vehicles or combinations of vehicles exceeding allowable weights pursuant to law are required to obtain an annual overweight load permit from the Commissioner pursuant to this subdivision in order to operate on those highways under the jurisdiction of the Commissioner. An annual overweight load permit is not valid unless the vehicle or combination of vehicles is operated and maintained in accordance with the provisions of these Rules and with any other special requirements indicated on the permit.

         (B) All applications must be on the forms prescribed by and available from the Commissioner.

         (C) The permit application and procedures for granting permits shall be made available to a registrant upon request at the Department of Transportation, Authorized Permits and Parking Division, by mail or in person, and must be completed in all respects by the registrant or his legal representative. The applicant must be the registrant of the vehicle, except where there is a leased vehicle as provided in this subdivision.

      (ii) Proof of registration.

         (A) All vehicles, including vehicles to be replaced, must have been registered in this State and operational on public highways in the State of New York immediately prior to January first, nineteen hundred eighty-six. To obtain a permit, the registrant must show proof of valid New York State registration for the vehicle or combination of vehicles and must maintain such New York State registration for the duration of the permit.

         (B) The applicant must submit with his application a copy of the registration of each vehicle or replacement vehicle.

         (C) The burden of proof in establishing the validity and existence of the New York State registration is upon the applicant.

      (iii) Identification of vehicle and load.

         (A) The power unit shall be identified by make, year of manufacture, model number, vehicle identification number (VIN), and license plate number.

         (B) The manufacturer’s recommended gross weight rating and the registered gross vehicle weight shall be indicated on an annual overweight load permit application for replacement vehicles.

         (C) Manufacturer’s maximum axle weight(s), axle spacing, number of tires, and maximum tire load spacing shall be indicated on an annual overweight load permit application for all vehicles.

      (iv) Procedure. The applicant must complete the required application information and submit the required number of copies of such application, together with the required permit fee(s), as well as any required documentation, to the Commissioner by mail or in person. All applications must be signed by the registrant or his legal representative.

      (v) Reapplication fee. When a reapplication is made for a permit for the same vehicle or combination of vehicles that have been denied a permit, the initial annual vehicle fee shall be increased by $25.00.

      (vi) No refund after granting of permit. No refund shall be made once an application for a permit has been filed and a permit granted by the Commissioner.

      (vii) False information voids permit. Permits which have been issued on the basis of falsely stated information shall be null and void.

      (viii) New owners must obtain new permits. If the registrant of the vehicle has been changed after a permit has been issued, the new owner(s) must obtain a modified permit.

      (ix) Permit application information.

         (A) Registrants of vehicles eligibile for permits pursuant to this section must furnish to the Commissioner a certified copy of the vehicle’s current New York State registration or registration pursuant to the international registration plan with New York State designated as the base state. The registrant also must provide a certified copy of the vehicle’s registration, or other verifiable proof acceptable to the Commissioner, demonstrating that the vehicle was registered in New York State immediately prior to January first, nineteen hundred eighty-six; once such fact has been established with the Commissioner, subsequent permit applications do not require such proof, provided the most recent permit number for the vehicle is provided in the new permit application.

         (B) The registrant must furnish to the Commissioner, vehicle measurements consisting of:

            (a) Trailer length; and

            (b) Number of axles; and

            (c) Axle spacing; and

            (d) Manufacturer’s recommended gross vehicle weight; and

            (e) Total wheelbase measurement (including tractor/steering axle); and

            (f) Tire size and number of tires of each axle; and

            (g) Manufacturer’s maximum axle weight rating.

   (6) Fees.

      (i) The following fees shall be charged and collected by the Commissioner for obtaining an annual overweight load permit. Fees shall be paid by money order, certified check, bank check, check drawn on a New York State bank, or a negotiable instrument acceptable to and made payable to the “New York City Department of Transportation.” Fees must accompany each permit application. Improperly filed permit applications shall be subject to an administrative fee of $25.00.

      (ii) The fee for an annual overweight load permit shall be $600 if for a period of six months or more. The fee for an annual overweight load permit shall be $300 if for a period of less than six months.

      (iii) If a check delivered to the Commissioner or his agent as payment of any fee for the registration of any vehicle or combination of vehicles is dishonored for insufficient funds, all permits issued in the name of that registrant shall be suspended and no other permit shall be issued to such person until full satisfaction of the fee is made and an additional fee of $25.00 is paid to the Commissioner. No such suspension shall be issued until thirty days after notification is mailed to the registrant at the address given on the application for the permit. If satisfaction is made within thirty days from the date of mailing of such notification, no suspension shall be issued and no additional fee shall be charged.

  1. Crane Permits.

   (1) Upon application in writing, the Commissioner may issue a special hauling permit to move certain mobile hoisting machines, also known as self-propelled cranes, the weight and dimensions of which exceed the limitations provided herein, upon any highway under his/her jurisdiction. Such hoisting machines shall be considered to constitute a nondivisible load.

   (2) The special hauling permit, which shall expire on the 31st day of December next succeeding the date of issuance, may designate the route to be traversed and contain any other restrictions deemed appropriate by the Commissioner.

   (3) The permittee shall be required to secure and maintain owners’ protective liability and property damage insurance coverage in such amounts and upon such terms as deemed appropriate by the Commissioner.

   (4) The fee for the issuance of such annual special hauling permit or renewal thereof shall be $100.00.

  1. Vehicular weights on F.D.R. Drive. No person shall operate or cause to be operated any vehicle in excess of 8,000 lbs. (4 tons), including the weight of passengers and cargo, on the F.D.R. Drive northbound from 23rd Street to 63rd Street and the F.D.R. Drive southbound from 63rd Street to 23rd Street. These vehicles include, but shall not be limited to trucks, vans, government-owned vehicles, stretch limousines and buses. For the purposes of enforcement, signs need not be posted for this rule to be in effect.
  2. Overdimensional and/or Overweight Vehicle Bulk Milk Permit.

   (1) Permits Generally.

      (i) Except where inconsistent with any federal or state law, rule or regulation, the Commissioner may issue a permit, as provided for in paragraph (c) of subdivision fifteen of section three hundred eighty-five of the Vehicle and Traffic Law, to operate or move a combination of vehicles, which for the purpose of this rule shall be limited to one power unit and one trailer except as provided in subparagraph (viii) of paragraph (3) of this subdivision, designed and constructed to carry milk in bulk, the lengths and/or weights of which exceed the limitations provided in subdivision b of this section.

      (ii) The permit shall authorize only the transportation of bulk milk within the City of New York to a milk processing facility located within the City of New York or the transportation by such a combination of vehicles out of the City of New York empty or carrying bulk cream, at weights not to exceed the limitations provided in subdivision b of this section, from the milk processing facility.

      (iii) A permit issued pursuant to this subdivision shall designate a route approved by the Commissioner. A combination of vehicles operating under a permit issued pursuant to this subdivision may only travel along the route designated on the permit. There shall be one permit per combination of vehicles allowing the combination of vehicles to enter the City of New York and a separate permit allowing the combination of vehicles to leave the City of New York.

      (iv) Combinations of vehicles designed and constructed to carry milk in bulk that exceed allowable lengths and/or weights pursuant to law are required to obtain a permit from the Commissioner pursuant to this subdivision in order to operate on those highways under the jurisdiction of the Commissioner.

      (v) No permit shall be issued for a combination of vehicles that exceeds 99,000 pounds.

      (vi) Permits shall be issued on a quarterly basis.

   (2) Permit Application.

      (i) Generally.

         (A) A permit issued pursuant to this subdivision is not valid unless the combination of vehicles is operated and maintained in accordance with the provisions of this subdivision and with any other special requirements indicated on the permit.

         (B) The applicant shall be the registrant of the combination of vehicles except, in the case of a combination of vehicles leased pursuant to an exclusive leasing arrangement that exceeds thirty days, the applicant shall be the lessee. The applicant shall supply his/her Federal Tax ID number.

         (C) The permit application and the procedures for granting permits shall be made available to an applicant upon request at the Department of Transportation, Division of Bridges, Truck Permit Unit, by mail, email or in person, and shall be completed in all respects by the applicant or his/her legal representative.

         (D) All applications shall be on the forms prescribed by and available from the Commissioner.

      (ii) Identification of vehicle and load. The power unit and trailer(s) shall be identified on the application by make, year of manufacture and license plate numbers and State.

      (iii) Vehicle Measurements. Applicants shall furnish to the Commissioner all of the following vehicle measurements:

         (A) Trailer length;

         (B) Number of axles, including axle spacing and axle weights;

         (C) Total wheelbase measurement (including tractor/steering axle);

         (D) Overall width;

         (E) Overall length;

         (F) Overall height; and

         (G) Total gross vehicle weight including load (tractor, trailer and load).

      (iv) Attestation. Applicants shall furnish to the Commissioner a sworn and notarized statement attesting that the vehicles for which a permit application has been submitted will be used solely for the transport of bulk milk or cream.

      (v) Procedure. The applicant shall complete the required application information and submit the required number of copies of such application, together with the required permit fee(s), as well as any required documentation, to the Commissioner by mail or in person. All applications shall be signed by the applicant or his/her legal representative.

      (vi) Reapplication Fee. When a reapplication is made for a permit under this subdivision for the same combination of vehicles that has been denied a permit, the initial permit fee shall be increased by an administrative fee of $25 in accordance with subparagraph (vii) of paragraph (3) of this subdivision.

      (vii) No refund after granting of permit. No refund shall be made once an application for a permit under this subdivision has been filed and a permit granted by the Commis- sioner.

      (viii) False information voids permit. Permits that have been issued on the basis of falsely-stated information shall be null and void.

      (ix) New owners shall obtain new permits. If the ownership of a combination of vehicles, or the identity of the lessee in the case of a combination of vehicles leased pursuant to an exclusive leasing arrangement that exceeds thirty days, changes after a permit under this subdivision has been issued, the new owner(s) or lessee(s) shall obtain a modified permit and shall pay the applicable quarterly fee specified in paragraph (3) of this subdivision.

   (3) Permit Fees.

      (i) The following fees shall be charged and collected by the Commissioner for obtaining a permit or modified permit, issued on a quarterly basis, pursuant to this subdivision. Fees shall be paid by money order, certified check, bank check, check drawn on a New York State bank, or a negotiable instrument acceptable to and made payable to the “New York City Department of Transportation.” Fees shall accompany each permit application. The fee for a permit issued pursuant to this subdivision shall be $650 per combination of vehicles, except as otherwise provided in this subparagraph (3).

      (ii) For all permits issued from July 18, 2015 through July 17, 2016:

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2014 through July 17, 2015 was at least 25 percent less than the total number of permits issued to the applicant from July 17, 2009 through July 16, 2010 (the “baseline year amount”), the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $877.50 per combination of vehicles.

      (iii) For all permits issued from July 18, 2016 through July 17, 2017:

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2015 through July 17, 2016 was at least 50 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $910 per combination of vehicles.

      (iv) For all permits issued from July 18, 2017 through July 17, 2018

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2016 through July 17, 2017 was at least 50 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $942.50 per combination of vehicles.

      (v) For all permits issued from July 18, 2018 through July 17, 2019:

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2017 through July 17, 2018 was at least 75 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $975 per combination of vehicles.

      (vi) For all permits issued from July 18, 2019 through July 17, 2020:

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2018 through July 17, 2019 was 100 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $975 per combination of vehicles.

      (vii) For all permits issued from July 18, 2020 through July 17, 2021:

         (a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2019 through July 17, 2020 was 100 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.

         (b) Otherwise, the fee for a permit shall be $1,007.50 per combination of vehicles.

      (viii) Permit fees specified in this paragraph shall apply separately to permits to enter the City of New York and permits to leave the City of New York.

      (ix) Reapplication for a permit that has been denied shall be subject to an administrative fee of $25.

      (x) The permit fees provided in subparagraphs (i) through (v) of this paragraph shall apply to permits for one specific power unit and one specific trailer. Applicants may apply for a quarterly permit under this subdivision to attach up to four additional specific trailers to one specific power unit, provided that only one trailer may be used with such power unit at any given time. The fee for a multiple trailer-single power unit combination permit shall be $100 per quarter more than the permits fees provided in subparagraphs (i) through (v) of this paragraph.

      (xi) If a check delivered to the Commissioner or his/her agent as payment of any fee for the permitting of any combination of vehicles is dishonored for insufficient funds, all permits issued in the name of that applicant shall be suspended and no other permit shall be issued to such person until full satisfaction of the fee is made and an additional fee of $25 is paid to the Commissioner. No such suspension shall be issued until thirty days after notification is mailed to the applicant at the address given on the application for the permit. If satisfaction is made within thirty days of mailing such notification, no suspension shall be issued and no additional fee shall be charged.

   (4) Expiration of Permit Program. No permit shall be issued on or after July 18, 2021.

  1. Routes for Trailers in Excess of Forty-eight Feet.

   (1) Any semitrailer with a length in excess of forty-eight feet, but not exceeding fifty-three feet, if the distance between the kingpin of the semitrailer and the centerline of the rear axle does not exceed forty-three feet and if the semitrailer is equipped with a rear-end protective device of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than twenty-two inches from the surface as measured with the vehicle empty and on a level surface, may be operated on:

      i. that portion of interstate 95 between the Bronx-Westchester county line and interstate 295;

      ii. that portion of interstate 295 which connects interstate 95 with interstate 495;

      iii. that portion of interstate 495 between interstate 295 and the Nassau-Queens county line; iv. that portion of interstate 678 between interstate 95 and John F. Kennedy International Airport;

      v. that portion of interstate 95 between interstate 695 and the New Jersey State Line on the upper level of the George Washington Bridge;

      vi. that portion of interstate 695 between interstate 95 and interstate 295;

      vii. that portion of Interstate 278 between the Goethals Bridge and Gulf Avenue;

      viii. that portion of Interstate 278 between Goethals Road North and Goethals Bridge;

      ix. that portion of Gulf Avenue between Western Avenue and Edward Curry Avenue;

      x. that portion of Edward Curry Avenue between Gulf Avenue and South Avenue;

      xi. that portion of South Avenue between Edward Curry Avenue and Goethals Road North;

      xii. that portion of Forest Avenue between Gulf Avenue and Goethals Road North;

      xiii. that portion of Goethals Road North between South Avenue and Forest Avenue;

      xiv. that portion of Goethals Road North between Forest Avenue and Western Avenue; and

      xv. that portion of Western Avenue between Gulf Avenue and Richmond Terrace.

   (2) The total length of a combination of vehicles operating pursuant to this subdivision, inclusive of load and bumpers, shall not be more than seventy three and one half feet.

   (3) A combination of vehicles operating, pursuant to Subparagraphs (vii) through (xv) of Paragraph 1 of this subdivision must not exceed a total weight of 90,000 pounds, over or on any bridge or other structure when the total weight is over 80,000 pounds, and must be on a trip that involves only the pickup or drop off of sealed shipping containers used for the transfer of freight transported in ocean-going commerce, bearing the seal of the United States Customs and Border Protection, the seal of another governmental agency, or seal of the shipper.

§ 4-16 Pedestrian Plazas.

(a) Proposals and Applications to Designate Pedestrian Plazas. In addition to areas selected by the Department to be designated as pedestrian plazas pursuant to § 19-157(b)(1) of the Administrative Code, the Department shall accept proposals and applications for areas under its jurisdiction to be designated as pedestrian plazas.

   (1) Proposals. A proposal for the designation of an area as a pedestrian plaza may be submitted by mail or electronic mail to the Department by a community board, council member, borough president, or not-for-profit organization. Electronic mail submissions are preferred and may be sent to plazas@dot.nyc.gov. Post submissions may be mailed to: Pedestrian Plaza Proposal, New York City Department of Transportation, 55 Water Street, New York, NY 10041.

      (i) All proposals must include:

         (A) A map or description of the area requested for designation;

         (B) A suggested pedestrian plaza partner;

         (C) A statement explaining the need for such plaza, including how it would promote safety and contribute to the community; and

         (D) The proposer’s contact information.

         (E) At least five (5) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents.

      (ii) Within 90 days of receipt of such proposal, the Department shall issue a response as to whether or not the proposal as described is viable. A proposal is viable if it does not adversely impact the transportation network to a significant degree, if the surrounding land uses are appropriate to support a pedestrian plaza, and if the size and shape of the proposal will support the full range of activities that take place in pedestrian plazas. If the Department determines that the proposal is viable, the Department will recommend that the proposer submit an application with a pedestrian plaza partner during the next period during which applications are accepted.

      (iii) The submission of a proposal shall not be deemed an application for purposes of this section.

   (2) Applications.

      (i) Applicant. Only an organization operating within the City that wants to become a pedestrian plaza partner may submit an application. An applicant must be incorporated in New York State and must have a mission that serves or relates to the geographical area of the proposed pedestrian plaza. The submission of a proposal is not required prior to the submission of an application.

      (ii) Submission. For the year 2016, pedestrian plaza applications may be submitted by mail or electronically from June 20th through August 31st. For the year 2017 and annually thereafter, pedestrian plaza applications may be submitted by mail or electronically from the first business day in April through the last business day in June. The application form prescribed by the Department shall provide specified dates and addresses each year. Electronic submissions are preferred.

      (iii) Required Documentation. Applicants must submit the following documents in accordance with subparagraph (ii) of this paragraph:

         (A) A completed application in a form prescribed by the Department, which will be posted each year on the Department’s website, and which may require applicants to submit information including, but not limited to, the mission of the pedestrian plaza partner, the context surrounding the site of the proposed pedestrian plaza, potential uses and programming for the proposed pedestrian plaza, and a projected operating budget for the proposed pedestrian plaza;

         (B) A list of names and titles of the applicant’s employees who work in community development, including the duration that each has been employed with the applicant;

         (C) A list of names and titles of the members of the applicant’s Board of Directors, or similar governing members, including the date each member began serving with the applicant;

         (D) Financial information based on the applicant’s operating budget;

            (a) If the applicant’s operating budget is less than $25,000, its most current financial statement signed by its treasurer must be submitted.

            (b) If the applicant’s operating budget is $25,000 or more, its most current IRS 990 Form must be submitted.

            (c) If the applicant’s operating budget is $100,000 or more but less than $250,000, its most current IRS 990 Form and an independent accountant’s review report must be submitted.

            (d) If the applicant’s operating budget is $250,000 or more, its most current IRS 990 Form and audited financial statements must be submitted,

         (E) At least eight (8) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents;

         (F) Three (3) photographs of the site of the proposed pedestrian plaza.

      (iv) Review. Applications will be reviewed and evaluated according to the following criteria:

         (A) Open Space: The Department will prioritize proposed pedestrian plazas that are in neighborhoods with an insufficient amount of open space;

         (B) Community Initiative: Applicants must demonstrate the ability to develop and execute a community outreach plan, build consensus around the proposal, and solidify local stakeholder support;

         (C) Site Context: The Department will evaluate the appropriateness of the adjacent land uses, population density, proximity to transit, safety, and other nearby open space;

         (D) Organizational and Maintenance Capacity: Applicants must demonstrate that they are willing and able to manage, operate, maintain, and program the proposed pedestrian plaza, including having an active Board of Directors or similar governing members and established staff; and

         (E) Income Eligibility: The Department will prioritize proposed pedestrian plazas that are located in low- or moderate-income neighborhoods as designated by the United States Department of Housing and Urban Development as eligible for Community Development Block Grants.

      (v) The application and guidelines regarding the management of pedestrian plazas can be found on the Department’s website.

      (vi) Selection.

         (A) Within 120 days of the deadline to submit an application, the Department shall issue a response as to whether the proposed pedestrian plaza has been accepted or rejected. Such responses shall be sent to applicants by electronic mail or mail, as applicable.

         (B) If the Department accepts an application, it shall notify any affected council members, community boards, and borough presidents no less than 60 days before designating the proposed pedestrian plaza. Within 45 days of receipt of such notice, such council members, community boards, and borough presidents may submit comments regarding such proposed pedestrian plaza, which shall be considered by the Department.

   (3) List of Designated Plazas. A list of all pedestrian plazas shall be posted on the Department’s website.

   (4) Rescinding Pedestrian Plaza Designations. The Department may, at its own discretion, rescind the designation of any pedestrian plaza.

      (i) At least 90 days before the Department’s proposed date of rescission of the designation of a pedestrian plaza, the Department shall notify the affected council members, community boards, borough presidents, and any pedestrian plaza partners who may request a public hearing within ten (10) days of such notification.

      (ii) If such public hearing is so requested, the Department shall hold a public hearing no more than 45 days after sending such notice of proposed designation rescission.

      (iii) he Department shall consider any comments from such public hearing or any comments submitted to the Department before rescinding such designation.

  1. General Uses.

   (1) Pedestrian plazas are closed to vehicular traffic, unless authorized by a police officer or designated Department employee.

   (2) Any person may enter and use a pedestrian plaza at any time, unless other open hours are posted for maintenance, events, or construction, or exigent circumstances exist.

   (3) Any person in or on a pedestrian plaza must comply with the lawful direction or command of any police officer or designated Department employee, regardless of whether such direction or command is indicated verbally, by gesture, or otherwise. Any person in or on a pedestrian plaza must comply with or obey any instruction, direction, regulation, warning or prohibition, written or printed, displayed or appearing on any Department sign, except such sign may be disregarded upon order by a police officer or designated Department employee.

   (4) Any person holding an event, where such activity is subject to the permit requirements of the Mayor’s Office of Citywide Event Coordination and Management, may engage in such activity only upon obtaining such permit from that office.

   (5) Any person engaged in filming or photography, where such activity is subject to the permit requirements of the Mayor’s Office of Film Theatre & Broadcasting, may engage in such activity only upon obtaining such permit from that office.

   (6) Any person using or operating any sound device or apparatus, where such use or operation is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.

   (7) Any person holding a parade, procession, or demonstration, where such activity is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.

   (8) Where exigent circumstances exist and a police officer or a designated Department employee gives notice to a person to move temporarily from any location in or on a pedestrian plaza, such person shall immediately move from such location until further notice. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian traffic, the existence of any obstruction in or on the pedestrian plaza, an accident, fire, or other emergency situation.

  1. Prohibited Uses.

   (1) No person shall engage in disorderly behavior in or on any pedestrian plaza, such as the following:

      (i) Endangering the safety of oneself and/or others;

      (ii) Obstructing pedestrian traffic;

      (iii) Engaging in conduct or committing acts that disturb the peace, comfort or repose of a reasonable person of normal sensitivities; or

      (iv) Climbing upon any wall, artwork, fence, shelter or any structure not specifically intended for climbing purposes.

   (2) No person shall use a Pedestrian Flow Zone for any purpose other than the safe and continuous movement of pedestrian traffic.

   (3) No person shall litter in or on any pedestrian plaza. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any receptacle in a pedestrian plaza.

   (4) No person shall spit, urinate, or defecate in or on any pedestrian plaza, except in a facility which is specifically designed for such purpose.

   (5) No person shall bathe, shower or shave.

   (6) No person shall occupy more than one seat with oneself or one’s belongings when to do so would interfere or tend to interfere with the use of such seats by others.

   (7) Smoking and using electronic cigarettes are prohibited.

   (8) No person shall leave any property unattended or place property in or on any pedestrian plaza in a manner that interferes with pedestrian traffic.

   (9) No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the Department or a pedestrian plaza partner.

   (10) No person shall gamble or conduct or engage in any game of chance, unless such game of chance is permitted by law.

   (11) No person shall appear in such a manner that the person’s genitalia are unclothed or exposed, except as otherwise permitted by law.

   (12) No person shall engage in camping, or erect or maintain a tent, structure, shelter or camp.

   (13) No person shall allow any dog in the person’s custody or control to be unrestrained or to discharge any fecal matter in or on any pedestrian plaza, unless such person promptly removes or disposes of same. This provision shall not apply to a guide or service animal accompanying a person with a disability.

   (14) No person shall operate an aircraft, kite or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever.

   (15) No person shall feed any undomesticated animal, including unconfined squirrels and birds, in or on any pedestrian plaza.

  1. Regulated Uses.

   (1) Posting of notices and signs.

      (i) No person shall post, display, affix, construct or carry any placard, flag, banner, sign or model in or on any pedestrian plaza or display any such item by means of aircraft, kite, or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever, without permission from the Department. Each separate item placed in violation of this paragraph shall constitute a separate violation.

      (ii) Notwithstanding subparagraph (i) above, any person may carry any item described in subparagraph (i) above, without the aid of any aircraft, kite, or other aerial device, where the space on which the message of such item is contained has a height no greater than two feet and a length no longer than three feet, and that such item takes up a total area of no more than six square feet.

      (iii) Any person who posts or displays a sign in, on, or above the surface of any pedestrian plaza, shall be responsible for removal of such sign. Failure to remove any sign that is posted or displayed in, on, or above the surface of any pedestrian plaza or that remains on such property shall constitute a violation of these rules.

      (iv) In the event that a notice or sign, in violation of paragraph (i) above, is posted or displayed in, on, or above the surface of any pedestrian plaza, there shall be a rebuttable presumption that any person whose name, telephone number, or other identifying information appears on such notice or sign has violated paragraph (i) by either:

         (A) Pasting, posting, painting, printing or nailing such notice or sign, or

         (B) Directing or permitting a servant, agent, employee or other individual under such person’s control to engage in such activity; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this subparagraph (iv).

   (2) Except as otherwise permitted, no person shall skateboard, inline skate, roller skate, or ride a bicycle, scooter, or any other vehicle or device on or through any part of a pedestrian plaza, except a wheelchair or scooter used for transit by disabled persons.

   (3) Except as otherwise permitted, no person shall make, continue, cause, or permit to be made or continued unreasonable noise in violation of the Noise Code pursuant to subchapter 2 of title 24 of the Administrative Code.

   (4) Except as otherwise permitted, no person shall consume alcoholic beverages.

   (5) Except as otherwise permitted, no person shall kindle, build, maintain, or use a fire.

   (6) Except as otherwise permitted, no person shall bring or place tables, carts, chairs or furniture in or on any pedestrian plaza.

   (7) Except as otherwise permitted, no person shall use or interfere with any authorized use of utilities, including, but not limited to, electricity and water, that supply pedestrian plazas.

   (8) Except as otherwise permitted, no person shall interfere with the use of a plaza by a person or group using the plaza pursuant to the terms of a permit issued by any City agency.

   (9) Except as otherwise permitted, no person shall use or block any person from using any amenity while selling or offering to sell any goods, services, tickets, or entertainment or while providing any goods, services, tickets, or entertainment in exchange for a donation. For purposes of this paragraph, the term “amenity” shall include, but not be limited to, chairs, tables, planters, benches, kiosks, utilities or canopies, installed in or on any pedestrian plaza.

  1. Times Square Pedestrian Plaza.

   (1) For purposes of this subdivision, the term “Times Square Pedestrian Plaza” shall mean the areas along Broadway from 41st Street to 53rd Street in Manhattan that are designated by the Department for pedestrian circulation, use and enjoyment.

   (2) For purposes of this subdivision, the sidewalks directly adjacent to the Times Square Pedestrian Plaza are along:

      (i) 7th Avenue between 42nd Street and 47th Street;

      (ii) Broadway between 41st Street and 42nd Street;

      (iii) Broadway between 47th Street and 53rd Street; and

      (iv) 42nd, 43rd, 44th, 45th, 46th, and 47th Streets between 7th Avenue and Broadway.

   (3) Pedestrian Flow Zones. Where the Department has designated by markings and/or signage Pedestrian Flow Zones in or on the Times Square Pedestrian Plaza or the sidewalks directly adjacent to such plaza, no person shall use such zones for any purpose other than the safe and continuous movement of pedestrian traffic.

   (4) Designated Activity Zones.

      (i) Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on such block shall engage in Designated Activities outside such zone(s), except where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor’s Office of Citywide Event Coordination and Management.

      (ii) Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on the sidewalks directly adjacent to such block within the Times Square Pedestrian Plaza shall engage in Designated Activities, except at days and times when vendors licensed pursuant to section 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This subparagraph shall not apply to operators of newsstands authorized by section 20-241.1 of the Administrative Code.

      (iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph, where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person shall engage in Designated Activities:

         (A) on Broadway between 43rd and 44th Streets, except within a Designated Activity Zone if one has been indicated by markings and/or signage by the Department on such block or where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor’s Office of Citywide Event Coordination and Management; or

         (B) on the sidewalks along 7th Avenue and Broadway between 43rd and 44th Streets and along 43rd and 44th Streets between 7th Avenue and Broadway, except at days and times when vendors licensed pursuant to section 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This clause shall not apply to operators of newsstands authorized by section 20-241.1 of the Administrative Code.

Chapter 5: Paratransit Program (Access-a-Ride) [Repealed]

§ 5-01 Definitions. [Repealed]

*§ 5-02 [Reserved]* ::

§ 5-03 Subscription and Advance-Reservation Trips. [Repealed]

*§ 5-04 Cancellations. [Repealed]* ::

§ 5-05 Participant Obligations For Pick-Up. [Repealed]

*§ 5-06 Eligibility Review Board. [Repealed]* ::

§ 5-07 Participant Behavior. [Repealed]

Chapter 6: General Provisions

§ 6-01 Adjudications.

New York City Department of Transportation adjudications regarding the fitness and discipline of agency employees will be conducted by the Office of Administrative Trials and Hearings. After conducting an adjudication and analyzing all testimony and other evidence, the hearing officer shall make written proposed findings of fact and recommend decisions, which shall be reviewed and finally determined by the Commissioner.

Chapter 7: Revocable Consents

§ 7-01 Definitions.

Administrative Code. “Administrative Code” means the Administrative Code of the City of New York.

Charter. “Charter” means the New York City Charter.

Commissioner. “Commissioner” means the Commissioner of the Department of Transportation of the City of New York or his or her designee.

Department. “Department” means the Department of Transportation of the City of New York.

DCP. “DCP” means the Department of City Planning of the City of New York.

DoITT. “DoITT” means the Department of Information Technology and Telecommunications of the City of New York.

Improvement. “Improvement” means a tangible thing or object which may be installed on, over or under a street, or any private use of a street.

Public Service Corporation. “Public Service Corporation” means an entity subject to the jurisdiction of the Public Service Commission under the Public Service Law.

Revocable Consent. “Revocable Consent” means a grant of a right, revocable at will, (1) to any person to construct and use for private use pipes, conduits and tunnels under, railroad tracks upon, and connecting bridges over inalienable property, (2) to an owner of real property or, with the consent of the owner, to a tenant of real property to use adjacent inalienable property for the purposes stated in 34 RCNY § 7-04 or as may be permitted by rules of DoITT, or (3) to a public service corporation for facilities ancillary to, but not within, a franchise granted prior to July 1, 1990.

ULURP. “ULURP” means the Uniform Land Use Review Procedure as set out in §§ 197-c and 197-d of the Charter.

§ 7-02 Requirement to Obtain a Revocable Consent.

With the exception of the city of New York and/or its agents, no person or entity shall install or maintain any of the improvements listed in 34 RCNY § 7-04 without first obtaining a revocable consent from the Department. The Department shall not issue a revocable consent for any improvement which, in the judgment of DCP, has land use impacts or implications, unless such revocable consent has been reviewed and approved pursuant to ULURP. Revocable consents may not be assigned, transferred or otherwise conveyed without the prior written approval of the Commissioner.

§ 7-03 DCP Review.

(a)  The Department shall submit to DCP petitions for those improvements listed in 34 RCNY § 7-04(a) that do not meet the locational or dimensional standards in such 34 RCNY § 7-04(a). The Department shall also submit to DCP all petitions for the following improvements: bridge, above-ground cable, guard booth, information sign/kiosk, parking area for private use, and above-ground pipe/fuel line.
  1. DCP shall review each petition submitted by the Department to determine whether or not a proposed revocable consent has land use impacts or implications and whether, as a result, ULURP applies, and shall notify the Department of its determination. The Department shall notify the petitioner of the determination by DCP regarding the applicability of ULURP and shall stay its final decision pending ULURP approval.
  2. If ULURP is required, the petitioner shall obtain information and application forms pertaining to ULURP from DCP and file a ULURP application with DCP in accordance with the rules governing ULURP.
  3. No revocable consent shall be granted by the Department if the application for such consent has been disapproved pursuant to ULURP. A revocable consent may be granted by the Department if the application for such consent has been approved pursuant to ULURP or if DCP determines the proposed improvement has no land use impacts.
  4. The Department shall submit to DCP for review any petition for a renewal or amendment for an improvement listed in 34 RCNY § 7-04(a) where:

   (1) such renewal or amendment includes a modification that does not meet a locational or dimensional standard in 34 RCNY § 7-04(a) or increases the degree of non-compliance with such locational or dimensional standard; or

   (2) such petition is for a bridge, above-ground cable, guard booth, information sign/kiosk, parking area for private use, above-ground pipe/fuel line, and the renewal or amendment includes a modification to the location or an increase in the dimension of such improvement; or

   (3) such petition is for a renewal or amendment of a consent that was approved by the City Planning Commission for a specific term, and the renewal or amendment would extend the consent beyond the term approved by the Commission.

§ 7-04 Eligible Improvements; Standards; Annual Rates.

(a)  The Commissioner may, in his or her discretion, grant, renew, modify, or rescind revocable consents for any of the improvements listed in this subdivision to be constructed or maintained on, over, or under City streets, in accordance with the requirements set forth in § 364 of the Charter. Except as otherwise provided, annual compensation for the improvements listed in this subdivision shall be as set forth herein and, unless otherwise provided, shall not increase during the term of the revocable consent.

   (1) Accessibility lift to provide access for people with disabilities.

      (i) Standard. The lift shall be stored at the building end of its run and shall include appropriate safety devices. The lift shall not extend more than five and one half feet in the direction of the curb from the base of the steps when in use. In no instance shall the lift or any portion thereof extend beyond the curbline when in use.

      (ii) Annual rate. $25. The annual fee for an accessibility lift shall be in addition to the normal fee for a stoop or stairway.

   (2) Bench.

      (i) Standard. No bench shall be greater than six feet in length. Benches greater than four feet in length shall be designed to discourage people from reclining. Benches adjacent and parallel to the building shall be installed no more than six inches from the building face and, if multiple benches are installed, they shall be at least three feet apart. A bench which is not anchored to the sidewalk shall be placed against the building face during hours that the benefited property is open to the public and shall be stored inside the building when the building is closed.

      (ii) Annual rate. $150.

   (3) Bridge.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. See 34 RCNY § 7-10. If the structure is not in use, the rate shall be 10% of the rate in effect pursuant to the formulas described in 34 RCNY § 7-10.

   (4) Cable, above-ground.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (5) Cellar door, including stair.

      (i) Standard. All cellar doors required by § 27-292(b)(4) of the Administrative Code shall be constructed pursuant to the requirements of the Administrative Code.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (6) Clock.

      (i) Standard. The base shall be no more than 18 inches in diameter. The lowest portion of the clock face shall be at least eight feet above the sidewalk. The overall height of the clock shall not exceed 15 feet. The clockface shall be no more than two feet in diameter. Time shall be maintained accurately. The name or logo and address of the adjacent premises may be displayed on the clockface; however, the total display space shall be no greater than one third of the square footage of the clockface.

      (ii) Annual rate. $300.

   (7) Conduit and underground cable.

      (i) Standard. All conduit shall be underground.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (8) Electrical socket.

      (i) Standard. All electrical sockets shall be installed pursuant to the requirements of the New York City Department of Buildings.

      (ii) Annual rate. $25.

   (9) Enclosure for trash receptacle, adjoining a building, for private use.

      (i) Standard. The enclosure shall be of non-flammable construction and shall be rodent proof. The enclosure shall be between three feet and five feet high, except in areas in the Bronx, Queens, Brooklyn and Staten Island zoned for manufacturing, mixed-use (MX), special purpose districts which allow manufacturing, or for automotive or other heavy commercial uses (C8), where the enclosure shall be between three feet and ten feet high, and shall be securely affixed to the sidewalk, fence, building, or other appropriate fixture.

      (ii) Annual rate. The greater of $5 per square foot of area, as projected onto a horizontal plane or $25, except in areas zoned for manufacturing, where the annual rate shall be $1 per square foot of area, as projected onto a horizontal plane.

   (10) Fenced or walled-in area, including the enclosing structure, not used for planting or parking, including a fenced or walled-in area containing a drainage basin or a shopping cart storage area. An area enclosed by a privately installed guard rail shall be deemed a fenced-in area and shall be subject to the standards below. Fences may be approved for no more than one year pursuant to the provisions 34 RCNY § 2-10, provided the placement of such fences is for temporary security purposes.

      (i) Standard.

         (A) The fence shall be no fewer than three and no greater than four feet high in residential and commercial zoning districts and shall be no fewer than three and no greater than ten feet high in manufacturing zoning districts, as such zoning districts are set forth in the Zoning Resolution, except that athletic play field fences may extend as high as 15 feet. Smooth edged finials may be attached to fence posts up to a maximum height of four feet, six inches in residential or commercial zoning districts. No chisel points or spikes shall be included on fences shorter than eight feet, except as approved by the Landmarks Preservation Commission.

         (B) The fence shall be constructed of non-flammable, non-wood material. The use of opaque material (such as masonry) is limited to the base of the fence up to 21 inches in height and to vertical columns spaced at least five feet apart. Solid or opaque materials may comprise no more than 35 percent of the total vertical area of the fence above any opaque base. For metal fences, picket interspace shall measure between four and five and three-quarters inches, and picket width may measure up to one inch wide. Chain-link, where approved, shall have a two inch mesh and shall not include screening. Barbed wire is permitted in manufacturing zoning districts only. Razor wire is prohibited.

         (C) No sign shall be attached to a fence.

      (ii) Annual rate.

         (A) Except as provided in 34 RCNY § 7-04(a)(10)(ii)(B), below, the first year’s annual rate shall be the greater of $1,500 or (C × L × 0.16 × A), as defined in 34 RCNY § 7-10(a), and subsequent years’ rates shall be determined in accordance with 34 RCNY § 7-10(c).

         (B) For non-commercial use connected to a residential building of six or fewer units, the greater of $100 or (C × L × 0.01 × A), as defined in 34 RCNY § 7-10(a).

   (11) Flagpole.

      (i) Standard. The base shall be no larger than 18 inches in diameter and no fewer than 30 inches in height.

      (ii) Annual rate. None (pursuant to § 19-125(e) of the Administrative Code).

   (12) Guard booth.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (13) Information sign or kiosk.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (14) Litter receptacle for public use.

      (i) Standard. The litter receptacle shall be constructed of non-flammable, non-wood material and shall be securely affixed to the sidewalk or sufficiently heavy to prevent movement without considerable force. The minimum height of the receptacle shall be two feet, six inches, the maximum height shall be four feet and the maximum width shall be three feet, with an overall area not to exceed nine square feet. No side of the receptacle shall exceed three feet in width. The litter receptacle may include the grantee’s logo and/or building or institution name no greater than one square foot in size, if the receptacle is adjacent to the named property.

      (ii) Annual rate. $25.

   (15) Overhead Building Projection in excess of that allowed by the Administrative Code.

      (i) Standard. Overhead building projections shall be permitted over the street provided the minimum height above the siewalk is ten feet and the depth of the projection does not exceed three feet ten inches, inclusive of any depth permitted by § 27-313(a) of the Administrative Code, to a height 30 feet above the sidewalk. Above 30 vertical feet the permitted depth shall be four feet, ten inches, inclusive of any depth permitted by the Administrative Code. Except for architectural details such as cornices, brackets and belt courses, which may extend across the full street frontage of a building, projections shall not have an aggregate width at any level of the building greater than 50 percent of the building frontage. Projections containing floor area shall be referred to DCP.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (16) Parking area for private use for non-residential property (if there is no charge to vehicle operator).

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. The first year’s annual rate shall be the greater of $600 or (C × L × 0.36 × A), as defined in 34 RCNY § 7-10(a) of these rules, and subsequent years’ rates shall be determined in accordance with 34 RCNY § 7-10(c).

   (17) Pipe or fuel pipeline, above-ground.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. See 34 RCNY § 7-10. If the grantee is not using the structure, the Department may set rates without reference to the formulas described in 34 RCNY § 7-10.

   (18) Planted area, including any surrounding fence or wall.

      (i) Standard. Live vegetation shall occupy 80 percent of the area. No vegetation may overhang a sidewalk beyond the boundary of the planted area, including any fence, unless the overhanging vegetation is at least eight feet above the adjacent sidewalk area. No rocks, timbers, wickets (hoops) or other trip hazards shall serve as a border. Any surrounding fence or wall shall conform to the standards provided in item (10), above.

      (ii) Annual rate. The greater of $2 per square foot of area, as projected onto a horizontal plane, or $25.

   (19) Planters.

      (i) Standard.

         (A) The planter shall be no fewer than 18 and no greater than 48 inches high. The maximum area, measured at the planter’s widest point, shall be 25 square feet, and the maximum dimension of the planter shall be five feet along the side which is perpendicular to the curb or eight feet along the side which is parallel to the curb. (Planters installed against the building face may be continuous.)

         (B) If a planter is proposed to be placed above a sidewalk vault, a professional engineer shall certify that the sidewalk can support a 600-pound per square foot live load.

         (C) No planter shall be constructed of wood. Wood cladding of other planter types is permitted if such cladding is fireproof and graffiti resistant. Concrete tubs, two inches thick, are recommended.

         (D) The Department recommends the planting of small shrubs and flowers as they require less maintenance and are hardier than small trees. No woody growth shall overhang the edge of the planter. Suggested tree species for planters are: Crab Apples (Florida Snow Drift); Euonymus Pateris (Shrub); Taxus O. Densifornius (Japanese Yew); Scotch Pine; Austrian Pine; Ilex Meserva; Cornus Mass (Corneliean Dogwood); Syringia Reticulata (Japanese Tree Lilac); Prunus Sargentii (Columnaris); Acer Ginnala (Amur Maple); Acer Truncatum; Viburnum Sieboldii (Tree Form Viburnum).

         (E) Planters shall be maintained, shall contain live plants at all times and shall be kept free of debris and graffiti.

      (ii) Annual rate. The greater of $2 per square foot of area as projected onto a horizontal plane, or $25 per planter.

   (20) Post, pole or bollard not otherwise governed by permit procedures contained in § 19-125 of the Administrative Code.

      (i) Standard. The post, pole or bollard shall be no fewer than 30 inches high, no greater than 48 inches high, and no greater than 18 inches in diameter. If more than one post, pole or bollard is to be installed, they shall be at least four feet apart and shall not be joined with horizontal members. If a concrete-filled pipe design is used, it shall be capped or smoothed.

      (ii) Annual rate.

         (A) $125 each, minimum of $500 per consent.

         (B) Post, pole or bollard adjacent to a building containing a marquee pursuant to a permit granted by the Department of Buildings, $25 each, minimum of $100 per consent.

   (21) Public service corporation facility ancillary to, but not within, a franchise granted prior to July 1, 1990.

      (i) Standard. Refer to standards in this section for individual structures.

      (ii) Annual rate. See 34 RCNY § 7-10. When calculating the annual rate pursuant to this paragraph, “E” will be reduced by 15%. This rate shall not apply to revocable consents approved as provided in subdivision (b) of this section.

   (22) Railroad tracks for private use.

      (i) Standard. Railroad tracks shall be located in an M or C8 zoning district outside any area improved for vehicular or pedestrian use, except that tracks may cross an existing or future driveway with the permission of the property owner served by such driveway.

      (ii) Annual rate. The first year’s annual rate shall be the greater of $500 or (C × L × 0.04 × A), as defined in 34 RCNY § 7-10(a) of these rules, and subsequent years’ rates shall be determined in accordance with 34 RCNY § 7-10(c).

   (23) Ramp intended to provide access for people with disabilities.

      (i) Standard.

         (A) The Department may grant a revocable consent for a ramp which extends more than 44 inches from the building line for buildings erected prior to December 6, 1969, including any additional steps attached or ancillary to the ramp structure made necessary by the creation of the ramp. (§ 27-308 of the Administrative Code permits ramps to extend up to 44 inches from the building line for such buildings.) (Buildings erected after December 6, 1969 must contain ramps within the property line.)

         (B) In the case of buildings erected between December 6, 1969 and September 5, 1987, the Department may grant a revocable consent for a ramp which extends more than 44 inches from the building line if the ramp will make a primary entrance to the building accessible.

         (C) The ramp shall conform to the standards of the Americans With Disabilities Act, 36 C.F.R. Part 1191, and § 27-308 of the Administrative Code. A canopy may be erected above the ramp provided such canopy does not fully enclose the ramp and provided such ramp is adequately illuminated and complies with all other applicable regulations.

      (ii) Annual rate. $25.

   (24) Retaining walls.

      (i) Standard. Retaining walls may be constructed only where warranted by existing grade or by a change in grade undertaken with prior approval by the Department of Buildings.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (25) Sidewalk plaque or logo.

      (i) Standard. The size of the logo or plaque shall not exceed nine square feet with a maximum dimension of three feet along any side. The plaque or logo shall be limited in design and content to a symbol or other element referring to or naming the adjoining property owner, a district organization, the district/neighborhood character, or consistent with an area-wide way-finding graphic design system. The plaque or logo shall consist of material that provides a stable, firm and slip-resistant surface and shall be installed flush with the sidewalk surface.

      (ii) Annual rate. $300 per plaque or logo.

   (26) Socket with removable poles, posts, or similar devices, including any connecting devices such as ropes, ribbons, horizontal poles, and the area thereby enclosed.

      (i) Standard. Sockets shall be flush with the sidewalk and fitted with spring-mounted flush covers. Posts or poles shall be no fewer than 30 inches and no greater than 48 inches high, including any connecting devices.

      (ii) Annual rate. The first year’s annual rate shall be the greater of $750 or (C × L × 0.16 × A), as defined in 34 RCNY § 7-10(a), where A is the area of the enclosed area, and subsequent years’ rates shall be determined in accordance with 34 RCNY § 7-10(c).

   (27) Stoop, step, ramp, vestibule or other entrance detail extending beyond limits set in Articles 8 and 9 of Subchapter 4 of Chapter 1 of Title 27 of the Administrative Code, other than a ramp described in 34 RCNY § 7-04
(a)(23) or a stoop or other improvement described in 34 RCNY § 7-04 (a)(29).

      (i) Standard. Such structures shall be constructed pursuant to the requirements of the New York City Department of Buildings and shall have a maximum width of eight feet and shall extend as far as such structures on adjacent buildings.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (28) Stoop or any other improvement eligible for a revocable consent pursuant to these rules and adjacent to a building which is located within a designated New York City historic district or which is a designated New York City landmark.

      (i) Standard. No revocable consent shall be granted for such a structure located in a designated New York City historic district or attached to a designated New York City landmark building without the prior written approval of the Landmarks Preservation Commission pursuant to Chapter 3 of Title 25 of the Administrative Code. Refer to standards in this section for individual structures.

      (ii) Annual rate. $25 for residential buildings with fewer than six units. For all other buildings, see the appropriate paragraph of this subdivision.

   (29) Street lamp or light fixture.

      (i) Standard. Street lamps or light fixtures which replace or augment existing lighting shall be placed and illuminated as approved by the Department’s Division of Street Lighting. The base shall be no greater than 18 inches in diameter. Hours of illumination shall coincide with those of the City’s street lights.

      (ii) Annual rate. $150.

   (30) Tunnel.

      (i) Standard. All tunnels and related structures shall be constructed underground or within the adjacent building pursuant to the requirements of the New York City Department of Buildings.

      (ii) Annual rate. See 34 RCNY § 7-10. If the structure is not in use, the rate shall be 10% of the rate in effect pursuant to the formulas described in 34 RCNY § 7-10.

   (31) Vault extending beyond the curbline or underground improvement not otherwise governed by license procedures contained in § 19-117 of the Administrative Code.

      (i) Standard. All vaults shall be constructed underground pursuant to the requirements of the New York City Department of Buildings.

      (ii) Annual rate. See 34 RCNY § 7-10.

   (32) Any improvement listed in 34 RCNY § 7-04
for which a consent is proposed to be granted where the grantee has filed an application concerning the subject property pursuant to § 4-105 of the Administrative Code, or any improvement listed in 34 RCNY § 7-04 where the construction of such improvement was funded 50 percent or more by a City agency.

      (i) Standard. Refer to standards listed above for individual structures.

      (ii) Annual rate. The Department may set rates for such consents without reference to the formulas described in 34 RCNY § 7-10; such rates shall be set forth in the agreements memorializing the consents.

   (33) Any improvement listed in 34 RCNY § 7-04 which has been approved for use for security purposes by the New York City Police Department.

      (i) Standard. Refer to standards listed above for individual structures.

      (ii) Annual rate. None.

      (iii) This paragraph shall not be construed to apply to any improvement(s) listed in paragraph 35 of subdivision (a) of 34 RCNY § 7-04.

   (34) Upon approval by the Public Design Commission, any work of art that is fully integrated into an improvement listed in 34 RCNY § 7-04.

      (i) Standard. Such an improvement with an integrated art element must adhere to the standards listed in this section for individual structures.

      (ii) Annual rate. 50% reduction to the annual rate listed in this section for individual structures.

   (35) Portions of the street used in connection with loading docks, bays or other like facilities for loading and unloading of goods and materials of or for the use of foreign, domestic or multinational governmental entities, where, in the judgment of the New York City Police Department, the location of such facility is necessary due to security concerns applicable to such entity.

      (i) To be referred to DCP to determine whether the improvement has land use impacts.

      (ii) Annual rate. An amount determined by the Department to be adequate compensation.

   (36) Bicycle racks.

      (i) Standard. All bicycle racks shall be installed in compliance with the general conditions set forth in 34 RCNY § 7-06. A request that adheres to minimum clearances may nonetheless be denied by the Department if the bicycle rack would interfere with the safe passage of pedestrians.

      (ii) Annual rate. $25

   (37) Any improvement that has been certified by a New York State Licensed Professional Engineer as a component of a flood mitigation system as defined in 34 RCNY § 2-10.

      (i) Standard.

         (A) The Department may grant a revocable consent for flood mitigation system components. Except in the case of a public service corporation facility, a revocable consent will only be granted to a petitioner:

            (a) for the protection of a building or portion of a building under this paragraph where such building or portion of a building was erected prior to January 8, 2015 or where a lawful building permit was issued by the Department of Buildings for the erection of such building prior to January 8, 2016; or

            (b) for the protection of a building or portion of a building located within an area of special flood hazard, as such term is defined in section G201.2 of Appendix G of the New York City Building Code.

         (B) Such improvements shall be designed and constructed in compliance with the requirements of the New York City Department of Buildings and any other applicable requirements of or terms and conditions of approvals issued by other City entities. The Department will consult with the New York City Department of Environmental Protection and any other agency the Department deems necessary or desirable regarding an application for a revocable consent for flood mitigation system components prior to its approval of such application.

      (ii) Fee. $2,000. This fee shall apply to the initial revocable consent application and shall not apply to renewal applications so long as the design of the improvement has not changed.

  1. Other improvements approved by the Board of Estimate. Revocable consents that were granted by the Board of Estimate prior to July 1, 1990 for private improvements which are not listed in subdivision (a) above may be renewed, amended, or revoked by the Commissioner in his or her sole discretion, provided that any renewal or amendment shall be submitted to DCP when required pursuant to 34 RCNY § 7-03. In each year of such consent, the annual rate shall increase by the average of the Consumer Price Index for All Urban Consumers in New York and New Jersey published by the U.S. Department of Labor’s Bureau of Labor Statistics (“CPI”) increase for the ten years prior to the date of the renewal of the consent. For consents granted pursuant to this subdivision to public service corporations, their annual rate increase shall be reduced by 15%.
  2. Compliance with requirements. All improvements for which a revocable consent is granted shall comply with the general conditions in 34 RCNY § 7-06.

§ 7-05 Revocable Consents for Telecommunications Purposes.

Petitions for revocable consents for telecommunications purposes shall be reviewed and may be granted by DoITT, subject to approval by the Department and review by DCP, where appropriate. Petitions for such consents shall be filed with the Department and shall be forwarded by the Department to DoITT for processing. Petitioners shall submit any additional information which may be required by DoITT.

§ 7-06 General Conditions.

(a)  Advertising prohibited. No advertising shall appear on any improvement which is the subject of a revocable consent agreement.
  1. Maintenance. Graffiti shall be removed within seven days of appearance. Art Commission approved colors shall be used and maintained. Sidewalks fronting the entire property must be in good condition, without violations or illegal encroachments.
  2. Clearances for above-ground structures.

   (1) Corner clearance policy. No revocable consent will be granted for above-ground structures located within the corner quadrant (the area ten feet from either side of the area created by extending the building line to the curb) pursuant to Executive Order #22 of 4/13/95, as amended.

   (2) Improvements shall be at least 18 inches from the curb line (front face of curb).

   (3) Clear path. A straight unobstructed path (“clear path”) for pedestrian circulation on the sidewalk shall remain after the installation of the improvement. The minimum width of the clear path shall be the greater of eight feet or one-half of the sidewalk width. The minimum width of the clear path shall be the greater of ten and one-half feet or one-half of the sidewalk width where a bench, information kiosk or bicycle rack with bicycles parallel to the curb or a queuing area enclosed by poles abuts the clear path. The minimum width of the clear path shall be the greater of 121/2 feet or one-half of the sidewalk width where a bicycle rack with bicycles perpendicular to the curb abuts the clear path. The clear path shall be maintained for 15 feet to either side of the improvement. When possible, the improvement shall abut, be aligned with, or be located between other major obstructions such as subway entrances, bus stop shelters, newsstands, and sidewalk cafes.

   (4) Improvements shall not be located under fire escapes.

   (5) (i)  The following minimum distances shall be required between the revocable consent improvement and the specified element or object, except as otherwise specified herein:

Subway Entrance (open side) 15’
Sidewalk Cafes 15’
Newsstand 15’
Bus Stop (with/without shelter) 15’
Fire Hydrant/Standpipe 10’
Driveway 10’
Bicycle Rack (including all bicycles) 8’
Street Tree 5’
Bench 5’
Principal Building Entrance 5’
Ramp intended to provide access for people with disabilities 5’
Subway Entrance (closed end or side) 5’
Public Telephone 5’
Planters on the sidewalk not adjacent to the building facade 5’
Mail Box 4’
Street Lights 4’
Parking Meters 4’
Edge of Tree Pit 3’
Street Signs 3’
Utility Hole Covers, Cellar Doors, Areaways 3’
Transformer Vault, Sidewalk Grates 3’
All Other Legal Street Furniture 5’

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      (ii)  Benches, information kiosks, litter receptacles, mail boxes, planters and public telephones may be located in an aligned grouping with a reduced minimum clearance between them of three feet. Other structures may be incorporated into such groupings provided the minimum clearances in subparagraph (i) above are provided. In no case shall such groupings extend for a length greater than 30 feet along the sidewalk. The listed elements may also be combined, without separation, into a single structure provided the overall length of such unitary structure and any other of the listed elements outside the grouping or unitary structure shall be no more than 15 feet. In no case shall a grouping or unitary structure be less than 15 feet from another grouping or unitary structure.

  1. Waiver.

   (1) Where strict compliance with these rules shall create undue hardship, the Commissioner may waive or modify these rules, in specific cases, except where prohibited by law, if in his/her opinion, the public health, safety and general welfare will not be endangered thereby. The petitioner shall request such waiver in writing and shall provide any information requested by the Department which may assist the Commissioner in his or her determination.

   (2) Notwithstanding the above provisions, prior to waiving the standards or rules related to the location or dimensions of improvements, the Department shall refer the proposed change to DCP for review.

§ 7-07 Application Requirements.

(a)  Petition form. An application for a new revocable consent or for a renewal, modification, assignment or rescission of an existing revocable consent shall be made on a petition form obtained from the Department, and shall be signed by the petitioner or a person authorized to enter into binding agreements on behalf of the petitioner. In the case of a new consent, the petitioner shall submit the original plus ten copies of the completed form; in the case of a renewal, modification, assignment or rescission, petitioner shall submit the original plus five copies.
  1. Business certificates. The petitioner shall submit a copy of any applicable business certificate, such as a certificate of incorporation or partnership certificate. With respect to petitions for an assignment or transfer of a revocable consent, the petitioner shall submit a copy of the business certificate of the assignee or transferee.
  2. Plans.

   (1) Paper or mylar prints of a plan shall be submitted in the equivalent number of prints as are required for the petition form. Each plan print shall measure 18 by 24 inches unless otherwise authorized by the Department.

   (2) The plan shall bear the seal of a Professional Engineer or Registered Architect licensed by the State of New York.

   (3) The plan shall be drawn to scale and shall indicate the block and lot number of the property of the petitioner. The plan shall indicate in detail the method of construction, applicable technical information, and the materials to be used. A title box shall be placed on the right hand side of each sheet containing the words “Plan Showing Location of Proposed (structure type) to be Constructed in (name of street), Borough of (borough), to Accompany Application of (petitioner’s name), dated (petition date), to the Department of Transportation of the City of New York” and shall indicate the date it was prepared and any subsequent revisions.

   (4) All details of existing structures shall be shown in standard line thickness. All proposed new construction and existing structures which are the subject of the petition shall be plainly shown in red. Proposed removals or relocations, if any, of existing conduits, pipes lines, or other structures shall be clearly indicated by red dashed lines.

   (5) The plan shall show the building lines and curb lines, railroad tracks, and, if applicable, any electrical conduits, sewers and other substructures in the street which may be affected in any manner by the proposed construction. All such information shall be obtained and verified by the petitioner. The location, character and dimensions of all such structures and substructures shall be accurately shown and indicated by dimensions on the plan.

   (6) The plan shall include longitudinal and transverse sections to show the relative position of the existing structures in the street and the proposed new construction.

   (7) The applicant shall provide photographs of the existing conditions and may be required to provide photo simulations of the proposed structure and its surroundings as they would appear after installation.

   (8) The plan shall also include the Profesional Engineer’s or Registered Architect’s estimate of the current cost to remove or deactivate the proposed improvement and restore all sidewalks and pavements to current Department standards for new construction. Alternatively, the cost of removal may be provided on a separate sheet of paper provided that it is signed and sealed by a Professional Engineer or Registered Architect.

   (9) Following the installation of any improvement for which a consent has been granted, the petitioner shall submit to the Department two copies of a plan indicating the “as built” condition. Such plan shall include any changes approved by the Department, with any deviations from the original plan shown by a double red line. Such plan shall be signed, sealed and dated by a Professional Engineer, Registered Architect or a Licensed Land Surveyor and shall include a certification which reads: “This drawing represents the as-built condition and shows the actual location of all subsurface conditions uncovered during this installation.”

  1. Pedestrian congestion. The Department may require a petitioner to submit additional information concerning pedestrian density and volume as well as the width of the usable pedestrian path at the site of a proposed revocable consent structure. The Department may require that such information include a pedestrian flow analysis conducted according to the performance standards described in the Transportation Research Board’s Highway Capacity Manual chapter on pedestrian flow.
  2. Additional copies and information. Upon the request of the Department, the petitioner shall provide additional copies of the petition and/or plan. The petitioner shall also provide any additional supporting information requested by the Department or by DCP, where referral has been made to DCP.
  3. Waiver of plan requirements. For petitions concerning minor improvements, such as planters, trash and litter receptacles, or benches, the Department may waive the requirement that the plan be prepared by a Professional Engineer or Registered Architect where such submission is not otherwise required by law, and where the petitioner has requested a waiver in writing.
  4. Exception. The requirements of this section shall not apply to revocable consents for public service corporation facilities ancillary to, but not within, a franchise, if the revocable consent covers multiple structures whose locations are not known at the time of the granting of the consent. Plans for each such structure shall be submitted prior to construction and shall meet the requirements of 34 RCNY Chapter 2 of the Rules of the City of New York.

§ 7-08 Filing Fees.

(a)  General information. Filing fees for petitions shall be submitted with the petition form and any required plans or supporting documents. Filing fees shall be non-refundable.
  1. Specified improvements. The filing fees listed in this paragraph shall apply to petitions for the following specified types of improvements: accessibility lift; bench; enclosure for trash receptacle; litter receptacle; planted area; planter; ramp intended to provide access for people with disabilities; stoop or step; or any improvement which has been approved by the Landmarks Preservation Commission:

   (1) initial petition:…..$100.00

   (2) renewal:…..$100.00

   (3) modification:…..$100.00

   (4) assignment or transfer:…..$100.00

   (5) recission:…..$100.00

  1. All other improvements, except for improvements approved for use for security purposes by the New York City Police Department.

   (1) initial petition:…..$750.00

      (i) initial petition with a Special Street Plan Type F application with proof of payment of a fee in excess of $650.00:…..$100.00

   (2) renewal:…..$500.00

   (3) modification

      (i) contractual:…..$375.00

      (ii) structural:…..$550.00

   (4) assignment or transfer:…..$200.00

   (5) rescission:…..$375.00

  1.  Improvements approved for use for security purposes by the New York City Police Department. Filing fees shall not apply to any improvements approved for use for security purposes by the New York City Police Department.

§ 7-09 Action by the Department.

(a)  The Department shall, within 30 calendar days of receipt of a complete petition for a revocable consent, forward a copy of such petition to: the Borough President for the borough in which the proposed improvement is to be located; all Community Boards in whose districts the proposed improvement is to be located; DCP, if required to do so pursuant to 34 RCNY § 7-03; and all other City agencies affected by the proposed consent. The Department shall allow 30 calendar days for the Borough President, Community Board, and other affected agencies to comment on the petition.
  1. The Department shall inform the petitioner in writing of all objections. Review of the petition shall be stayed until all objections are resolved. The petitioner shall be given the opportunity to revise the petition or plan in order to resolve the objection(s). If any objection has not been resolved within 90 days from the date the petitioner was informed of the latest objection, such petition may, in the discretion of the Department, be deemed to have been withdrawn.
  2. Prior to granting any revocable consent or renewal or modification to the location or an increase in the dimension of an improvement, the Department shall hold a public hearing on the terms and conditions of the proposed revocable consent agreement. Notice of such hearing shall be published by the Department at the expense of the petitioner in accordance with § 371 of the Charter.
  3. Notwithstanding the foregoing, the Department may deny a petition for a revocable consent without a hearing if, in the sole judgment of the Commissioner, the grant of such consent would interfere with the use of the inalienable property of the City (including streets and sidewalks) for public purpose or would otherwise not be in the best interest of the City.
  4. The revocable consent agreement shall be filed by the Department with the appropriate County Clerk.

§ 7-10 Annual Rate Schedule for Revocable Consent Improvements.

For all improvements that do not have an annual rate set forth in 34 RCNY § 7-04(a), the annual rate of compensation for the first year of the term of each revocable consent shall be calculated in accordance with the following:

  1. Definitions and variables.

   “A” means the maximum area of the improvement for which a consent has been or is proposed to be granted, as projected onto a horizontal plane (the “footprint”).

   “Benefited Property” means the real property which is adjacent to the improvement for which a revocable consent has been or is proposed to be granted, and which is benefited by the improvement.

   “C” means 100 percent plus the percent change (plus or minus) in the Consumer Price Index for All Urban Consumers in New York and New Jersey published by the U.S. Department of Labor’s Bureau of Labor Statistics (“CPI”) on July 1 of the year for which the revocable consent annual rate is being calculated, compared to the CPI on July 1, 2003.

   “E” means the standard escalating factor, which shall be a percentage equal to the average annual percentage increase in the CPI for the ten years immediately preceding the year for which the standard escalating factor is being determined; the Department shall determine the standard escalating factor on July 1 of the year to be applied to all consents granted or renewed between that July 1 and the next succeeding June 30, inclusive.

   “L” means the Current Transitional Assessed Value or the Actual Assessed Value, whichever is lower, of the Benefited Property, in its unimproved state (in dollars and cents per square foot); provided, however, that if there is more than one Benefited Property, “L” shall be equal to the average of the Current Transitional Assessed Values of all the Benefited Properties in their unimproved states (in dollars and cents per square foot). Note: For cables contained within conduit owned by another entity, L=0.

   “M” means the applicable multiplier. For pipes and conduits with up to 25 square feet in cross-sectional area, the applicable multiplier is 0.04. For all other improvements, the applicable multiplier is 0.08.

   “Minimum Annual Charge” shall be assessed as follows: For improvements having a maximum cross-sectional area greater than four square feet, the Minimum Annual Charge shall be $3,000. For improvements having a maximum cross-sectional area of four square feet or less, the Minimum Annual Charge is $1,500, except that pipes and conduits having an outside diameter of three inches or less (inclusive of any protective sheath or casing) shall be assessed a Minimum Annual Charge of $750.

   “R1” means the rate of compensation for the first year of the revocable consent agreement which shall be determined in accordance with 34 RCNY § 7-10(b), below.

   “V” means the rate (in dollars and cents) obtained from Table A relating to the volume occupied by the improvement. For improvements exceeding nine feet in height, the computation will be made in units up to nine feet in height and then added together.

  1. Rate for first year. R1 shall equal C[;V + (L × M × A)];, or the Minimum Annual Charge, whichever is greater.
  2. Rate for each subsequent year.

   second year = R1 + (E × R1)    third year = R1 + (2E × R1)   fourth year = R1 + (3E × R1)   fifth year = R1 + (4E × R1)   sixth year = R1 + (5E × R1)   seventh year = R1 + (6E × R1)   eighth year = R1 + (7E × R1)   ninth year = R1 + (8E × R1)   tenth year = R1 + (9E × R1)

  1.  Consents granted on or prior to June 30, 1991. For those consents granted on or before June 30, 1991 which provide for annual fees to be computed based upon the rate schedule currently in effect, annual compensation shall equal R1 as calculated pursuant to 34 RCNY § 7-10(b).
  2. Revenue. All revocable consent revenue shall be collected by the Department.

Table A

Cross-Section Area              
Length in feet Up to 1.4 sq. ft. 1.4 to 4 sq. ft. 4 to 20 sq. ft. 20 to 81 sq. ft. 81 to 162 sq. ft. 162 to 243 sq. ft. Smaller Pipes up to 3”
Up to 100’ $13.90 per ft. $27.83 per ft. $34.78 per ft. $41.72 per ft. $69.56 per ft. $83.48 per ft. $7.25 per ft.
100’ - 150’ $1,390 + $8.17 per ft over 100 ft. $2,783 + $16.35 per ft over 100 ft. $3,478 + $20.43 per ft over 100 ft. $4,172 + $24.51 per ft over 100 ft. $6,956 + $40.87 per ft over 100 ft. $8,348 + $49.04 per ft over 100 ft. $726 + $4.26 per ft over 100 ft.
150’ - 200’ $1,799 + $7.72 per ft. over 150 ft. $3,600 + $15.45 per ft. over 150 ft. $4,499 + $19.30 per ft. over 150 ft. $5,397 + $23.16 per ft. over 150 ft. $9,000 + $38.62 per ft. over 150 ft. $10,800 + $46.34 per ft. over 150 ft. $939 + $4.03 per ft. over 150 ft.
200’ - 250’ $2,185 + $7.29 per ft. over 200 ft. $4,373 + $14.59 per ft. over 200 ft. $5,464 + $18.23 per ft. over 200 ft. $6,555 + $21.87 per ft. over 200 ft. $10,931 + $36.46 per ft. over 200 ft. $13,117 + $43.76 per ft. over 200 ft. $1,140 + $3.80 per ft. over 200 ft.
250’ - 300’ $2,549 + $6.83 per ft. over 250 ft. $5,102 + $13.67 per ft. over 250 ft. $6,376 + $17.08 per ft. over 250 ft. $7,649 + $20.49 per ft. over 250 ft. $12,754 + $34.16 per ft. over 250 ft. $15,305 + $41.00 per ft. over 250 ft. $1,330 + $3.56 per ft. over 250 ft.
300’ - 350’ $2,891 + $6.40 per ft. over 300 ft. $5,786 + $12.81 per ft. over 300 ft. $7,230 + $16.00 per ft. over 300 ft. $8,673 + $19.20 per ft. over 300 ft. $14,462 + $32.01 per ft. over 300 ft. $17,355 + $38.42 per ft. over 300 ft. $1,508 + $3.34 per ft. over 300 ft.
350’ - 400’ $3,211 + $5.94 per ft. over 350 ft. $6,426 + $11.89 per ft. over 350 ft. $8,030 + $14.85 per ft. over 350 ft. $9,633 + $17.82 per ft. over 350 ft. $16,062 + $29.71 per ft. over 350 ft. $19,276 + $35.66 per ft. over 350 ft. $1,675 + $3.10 per ft. over 350 ft.
400’ - 450’ $3,508 + $5.70 per ft. over 400 ft. $7,021 + $11.41 per ft. over 400 ft. $8,772 + $14.25 per ft. over 400 ft. $10,524 + $17.10 per ft. over 400 ft. $17,548 + $28.51 per ft. over 400 ft. $21,059 + $34.22 per ft. over 400 ft. $1,830 + $2.97 per ft. over 400 ft.
450’ - 525’ $3,793 + $5.21 per ft. over 450 ft. $7,591 + $10.43 per ft. over 450 ft. $9,485 + $13.03 per ft. over 450 ft. $11,379 + $15.63 per ft. over 450 ft. $18,973 + $26.06 per ft. over 450 ft. $22,770 + $31.28 per ft. over 450 ft. $1,979 + $2.72 per ft. over 450 ft.
525’ - 600’ $4,183 + $4.33 per ft. over 525 ft. $8,373 + $9.48 per ft. over 525 ft. $10,462 + $11.85 per ft. over 525 ft. $12,551 + $14.22 per ft. over 525 ft. $20,928 + $23.71 per ft. over 525 ft. $25,116 + $28.45 per ft. over 525 ft. $2,183 + $2.47 per ft. over 525 ft.
600’ - 30,000’ $4,508 + $4.33 per ft. over 600 ft. $9,084 + $8.66 per ft. over 600 ft. $11,351 + $10.83 per ft. over 600 ft. $13,618 + $12.99 per ft. over 600 ft. $22,706 + $21.66 per ft. over 600 ft. $27,249 + $25.99 per ft. over 600 ft. $2,368 + $2.26 per ft. over 600 ft.
For More Than $134,408 + $2.82 per ft. over 30,000 ft. $268,884 + $5.64 per ft. over 30,000 ft. $336,251 + $7.05 per ft. over 30,000 ft. $403,318 + $8.46 per ft. over 30,000 ft. $672,506 + $14.11 per ft. over 30,000 ft. $806,949 + $16.93 per ft. over 30,000 ft. $70,168 + $1.47 per ft. over 30,000 ft.

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Chapter 8: Employee Commute Options Program

§ 8-01 Background and Authority.

Section 182(d)(1)(B) of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7511(a)(d)(1)(B), requires states with severe or extreme nonattainment areas for ozone to revise their state implementation plans by adopting new regulations to reduce work-related vehicle trips and miles traveled by employees. The New York State Consolidated Metropolitan Statistical Area, which includes New York City was designated by the Federal Environmental Protection Agency (“EPA”) as a severe ozone nonattainment area, 40 C.F.R. § 81.333. Section 14(31) of the New York State Transportation Law authorizes the State Department of Transportation to promulgate rules and regulations to implement the requirements of § 182(d)(1)(B) of the Clean Air Act Amendments and to establish an employee commute options (“ECO”) program. The state rules require employers of one hundred or more employees at work locations within severe ozone nonattainment areas in New York State to develop and implement employee trip reduction programs and to make a good faith effort to achieve a twenty-five percent increase in average vehicle occupancy for commuting trips by November 15, 1996. The state transportation law and the rules promulgated pursuant to it also delegate the local administration of the program to counties in the severe ozone nonattainment areas and pursuant to such delegation, the New York City Department of Transportation (“the Department”) has been designated the local administrative agency.

§ 8-02 Applicability.

This chapter shall apply to any affected employer in the City of New York who is subject to the ECO rules of the New York State Department of Transportation, codified at 17 NYCRR Part 38. This chapter shall apply with respect to any and all affected worksites. Pursuant to 17 NYCRR § 38.4(b)(3), the counties of New York (Region 1) and Bronx, Kings, Queens, and Richmond (Region 2) shall be consolidated into a single region consisting of the subregions identified in table one below.

§ 8-03 Definitions.

For purposes of ECO, the definitions set forth in 17 NYCRR Part 38 shall apply; provided, however, that in this chapter, “Commissioner” shall mean the Commissioner of the New York City Department of Transportation and “Department” shall mean the New York City Department of Transportation.

§ 8-04 AVO Subregions.

The Average Vehicle Occupancy (“AVO”) subregions established pursuant to 17 NYCRR Part 38.4(c) are specified in table one below.

§ 8-05 Target APOs.

The specific target Average Passenger Occupancy (“APO”) for each subregion is specified in Table one below.

Table 1 Average Vehicle Occupancy and Target Average Passenger Occupancy by Subregion

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33 M Times Square 9.08 9.98
31 M Plaza 8.84 9.73
36 M Madison Square 7.59 8.35
39 M Battery Park 6.78 7.46
26 M Fifth Avenue 6.42 7.06
29 M Central Park West 5.88 6.47
32 M Queensboro Bridge 5.58 6.13
35 M Stuyvesant Square 5.24 5.77
34 M Chelsea 5.20 5.71
37 M Greenwich Village 5.16 5.67
28 M Manhattanville 5.05 5.56
30 M Lincoln Square 4.30 4.73
27 M Yorkville 4.16 4.57
24 M Mt. Morris Park 3.78 4.16
23 M Columbia University 3.70 4.07
38 M Lower East Side 3.66 4.03
22 M Harlem 3.58 3.93
79 K Brooklyn Heights 3.37 3.71
80 K Brooklyn CBD 3.36 3.69
82 K Park Slope 3.21 3.53
20 M Washington Heights 3.15 3.46
21 M City College 3.06 3.37
25 M Harlem Bridge/ Jefferson Park 2.80 3.11
19 M Inwood 2.75 3.06
83 K Sunset Park 2.71 3.02
74 K Ft. Greene Park 2.68 2.99
72 K Williamsburg 2.52 2.83
15 B North New York 2.49 2.80
11 B High Bridge 2.47 2.78
7 B Fordham Heights 2.46 2.77
76 K Stuyvesant/ Eastern Parkway 2.42 2.73
1 B Riverdale 2.40 2.71
3 B Jerome Park 2.35 2.66
84 K Kensington 2.30 2.61
85 K Flatbush 2.28 2.59
75 K Bushwick 2.27 2.58
8 B Bronx Park 2.26 2.57
58 Q Elmhurst 2.25 2.56
87 K South Greenfield 2.23 2.54
86 K Holy Cross 2.19 2.50
6 B Baychester/City Island 2.18 2.49
61 Q Long Island City 2.17 2.48
14 B Park Versailles 2.16 2.47
55 Q Ridgewood 2.15 2.46
92 K Bensonhurst 2.13 2.44
66 Q Richmond Hill 2.12 2.43
77 K Bronsville 2.12 2.43
96 K Coney Island 2.11 2.42
16 B St. Mary’s Park 2.11 2.42
47 Q Corona 2.10 2.41
57 Q Forest Hills 2.09 2.40
52 Q Jamaica 2.05 2.36
62 Q Sunnyside 2.05 2.36
81 K South Brooklyn 2.04 2.35
71 K Greenpoint 2.04 2.35
91 K Borough Park 2.03 2.34
90 K Bay Ridge 2.03 2.34
13 B Morrisania 2.02 2.33
5 B Williamsbridge 2.02 2.33
60 Q Astoria 2.01 2.32
93 K Gravesend/Neck Road 2.01 2.32
4 B Gun Hill Road 2.00 2.31
88 K Flatlands 1.99 2.30
56 Q Nassau Heights 1.99 2.30
70 Q Far Rockaway 1.97 2.28
73 K English Kills 1.95 2.26
78 K Highland Park 1.94 2.25
9 B Union Port 1.93 2.24
  Q Neponsit/Hammels 1.91 2.22
95 K Sea Gate 1.89 2.20
41 Q Whitestone 1.89 2.20
12 B Throg’s Neck/ Pelham Bay Park 1.88 2.19
59 Q Jackson Heights 1.87 2.18
46 Q Flushing 1.86 2.17
63 Q Woodside 1.84 2.15
10 B Westchester Heights 1.81 2.12
2 B Edenwald/Woodlawn 1.80 2.11
53 Q Hollis 1.78 2.09
42 Q Cunningham Park 1.76 2.07
17 B Hunt’s Point 1.71 2.02
18 B Clason Point 1.70 2.01
94 K Mill Basin/Canarsie 1.70 2.01
50 Q St. Albans/Springfield 1.70 2.01
45 Q College Point 1.69 2.00
65 Q Woodhaven/Ozone Park 1.69 2.00
48 Q Flushing South 1.63 1.94
51 Q South Jamaica 1.62 1.93
97 S Brighton 1.59 1.90
49 Q Queens Village 1.58 1.89
54 Q Maspeth 1.58 1.89
89 K Spring Creek Basin 1.57 1.88
43 Q Douglaston 1.56 1.87
69 Q Arverne 1.55 1.86
98 S Stapleton 1.52 1.83
44 Q Bellerose 1.51 1.82
40 Q Bayside 1.49 1.80
99 S Port Richmond 1.48 1.79
64 Q Howard Beach/Laurelton/Rosedale 1.47 1.78
103 S Great Kills 1.31 1.62
100 S Dongan Hills 1.31 1.62
67 Q South Laurelton 1.23 1.53
102 S Travis 1.22 1.53
104 S Tottenville/Prince’s Bay 1.22 1.52
101 S Mariner’s Point 1.22 1.52

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AVO AND TARGET APO METHODOLOGIES

ESTABLISHING AVO VALUES

The 1994 AVO values were established by applying the methodolgy mandated by the New York State Dept. of Transportation Employee Commute Options Regulations. These Regulations require the use of United States Census Journey-to-Work data for 1980 and 1990 to estimate the number of employees and the number of vehicles used to get to work in 1994. The method consists of subtracting 1980 total workers from 1990 total workers, and dividing the result by the number of years (ten, in this case), thereby yielding an “annual change.” This “annual change” then is used to project the number of employees for 1994 by adding the “annual change” multiplied by the number of years (four, in this case) to 1990 total workers.

A comparable process is used to estimate the number of vehicles used to get to work. The projected number of workers in 1994 then is divided by the projected number of commuter vehicles in 1994 to establish the 1994 AVO. It is important to note that these projected numbers are not intended to represent actual employment or vehicle numbers for 1994, but are solely for the purpose of establishing an AVO.

ESTABLISHING TARGET APOs

Target APOs are also derived following the methodology mandated by the New York State Regulations. The target APO for the region equals the regional AVO multiplied by 1.25. Reaching the APO target is equivalent to reducing the number of vehicles to the “permitted” number. The “permitted number” of vehicles equals the number of employees at all worksites with 100 or more employees, divided by the target APO. We are required to calculate the number of “permitted” vehicles in order to determine whether achieving Target APOs for all the subregions taken together would reduce the number of commuter vehicles to the level required to meet the APO Target for the region.

Target APOs for each subregion were established by increasing the AVO for each subregion by between 10 and 25%.

§ 8-06 Schedule for Submission of Initial Compliance Plans.

(a) For each affected worksite, the affected employer shall prepare and submit to the Department an initial compliance plan not later than November 15, 1994.
  1. Plans submitted earlier than November 15, 1994, pursuant to the schedule set forth in 34 RCNY § 8-08 below, shall be eligible for a reduction in fees as set forth in that section.
  2. A plan shall be deemed submitted upon receipt by the Department.
  3. An affected employer shall submit a revised initial compliance plan if the circumstances warrant, subject to the approval of the Commissioner. The Commissioner shall notify the affected employer of approval or rejection of the revised plan within thirty (30) days of filing of such revised plan.

§ 8-07 Schedule for Submission of Compliance Plan Updates and Maintenance Reports.

(a) For each affected worksite, the affected employer shall prepare and submit to the Department a compliance plan update or maintenance report not later than November 15, 1996.
  1. Plans submitted earlier than November 15, 1996, pursuant to the schedule set forth in 34 RCNY § 8-08 below, shall be eligible for a reduction in fees as set forth in that section.
    1. Affected employers who have not achieved the target APO must submit compliance plan updates annually.

   (2) Affected employers who have achieved the target APO must submit maintenance reports biannually on the anniversary of their initial submission, starting in 1996.

  1. An affected employer shall submit a revised compliance plan update or maintenance report if the circumstances warrant, subject to the approval of the Commissioner.

§ 8-08 Fees.

(a) Each affected employer shall submit its annual fee on the date its initial compliance plan is submitted, and thereafter on each subsequent anniversary of such date.
  1. Fees are as follows:

   (1) for employers with one thousand one (1,001) or more affected employees, the fee shall be two thousand dollars ($2000.00);

   (2) for employers with five hundred one (501) to one thousand (1,000) affected employees, the fee shall be twelve hundred dollars ($1200.00);

   (3) for employers with two hundred fifty-one (251) to five hundred (500) affected employees, the fee shall be six hundred dollars ($600.00);

   (4) for employers with thirty-three (33) to two hundred and fifty (250) affected employees, the fee shall be three hundred dollars ($300.00);

  1. Fees shall be reduced by fifty percent (50%) of the amount due for all affected employers submitting plans not later than August 15 of the year a submission is due. Fees shall be reduced by thirty-three and one third percent (33 1/3%) of the amount due for all affected employers submitting plans not later than September 15 of the year a submission is due. Fees shall be reduced by twenty percent (20%) of the amount due for all affected employers submitting plans not later than October 15 of the year submission is due. Fee reductions shall be available only in years when such plans are required to be filed.
  2. An affected employer filing a consolidated plan or report shall submit a fee equal to the total of the fees that the affected employer would pay if filing separate plans or reports for each affected worksite.
  3. Fees shall be in the form of a company check, bank check, money order, or other form of payment acceptable to the commissioner, made payable to the New York City Department of Transportation. Cash and credit card payments shall not be accepted.

§ 8-09 Penalties.

(a) The Department shall send a notice of violation fo any provision of this chapter by registered mail to the affected employer. Such notice shall specify the nature of the violation and the fine due.
  1. Failure of an affected employer to comply with the requirements specified in the rules of the ECO program at 17 NYCRR § 38.11(a) shall constitute a violation of such rules. The civil penalty for each violation shall be no less than fifty cents ($.50) and no more than one dollar ($1.00) per employee per day for each affected work site, not to exceed five hundred dollars ($500.00) per day for each affected worksite.
  2. Failure of an affected employer to register pursuant to 17 NYCRR § 38.3(b) shall constitute a violation of such rules. The penalty for such violation shall not exceed one dollar ($1.00) per employee per day for each affected work site, not to exceed five hundred dollars ($500.00) per day for each affected worksite.

§ 8-10 Department Conference.

(a) Any affected employer who receives a notice of violation may request a conference with the Commissioner or his/her representative at which the employer shall have the opportunity to explain or justify the actions that are the subhect of the notice. Such request must be made in writing and sent by registered mail within thirty (30) days of the date of receipt of such notice. If a conference is not requested, the full amount of the penalty shall be due not later than thirty days from the receipt of the notice.
  1. Any employer who, within thirty (30) days of the date of any notice of violation, fails either to pay the penalty stated in the notice or request a conference with the Department in writing, shall be liable for the penalties specified in the notice. Such employer shall be liable for additional penalties for the continuing violation of the rule until the violation is corrected.

§ 8-11 Hearings.

(a) Any affected employer who has received a notice of violation from the Department, has had a Department conference, and does not consent to a settlement agreement with a settlement officer, may appeal the determination of the Department, as provided in 17 NYCRR § 38.13, by requesting a hearing with the New York City Office of Administrative Trials and Hearings ("Oath"). A petition appealing the determination, as well as a copy of the notice of violation, and the factual findings and decision of the Department shall be filed with OATH, with proof that copies were sent to the Department, not later than fifteen (15) days after the date of the settlement offer of the Department.
  1. Hearings to review decisions of the Department shall be conducted by OATH in accordance with its rules of practice and procedure, except that for the purposes of this chapter, (i) the petition shall be deemed to consist of the notice of violation and the factual findings and decision of the Department filed by the affected employer, (ii) the answer shall be deemed to consist of the employer’s petition appealing the decision, (iii) the Department shall be deemed the petitioner, and (iv) the affected employer shall be deemed to be the respondent. Notwithstanding the provisions of § 1-23, subdivision (a) of OATH’s rules (48 RCNY § 1-23(a)), the Department shall not be required to serve the petition on the respondent. Notwithstanding the provisions of § 1-26, subdivision (d) of OATH’s rules (48 RCNY § 1-26(d)), the employer shall not place the case on OATH’s trial or conference calendar ex parte.
  2. The proceeding at OATH shall be de novo and the determination of OATH shall be final.

§ 8-12 Post Hearing Relief.

An employer may make a motion to reopen a proceeding at OATH if such employer alleges that the violation that is the subject of the proceeding has been cured and that the Department has rejected such determination.

§ 8-13 Severability.

If any provision of this rule is deemed to be invalid or unenforceable by any court of competent jurisdiction, such provision shall be severed from this rule and the remainder of this rule shall continue in full force and effect.