§ 1680. Department of transportation to maintain a manual of uniform\ntraffic-control devices. (a) The department of transportation shall\nmaintain a manual and specifications for a uniform system of\ntraffic-control devices consistent with the provisions of this chapter\nfor use upon highways within this state. Such uniform system shall\ncorrelate with and so far as practicable conform to nationally accepted\nstandards. To the extent that the National Manual on Uniform Traffic\nControl Devices (hereinafter referred to in this section as MUTCD),\npromulgated by the Federal Highway Administration pursuant to subpart F\nof part 655 of Title 23 of the Code of Federal Regulations and subject\nto a public comment period under federal law, does not conflict with the\nprovisions of this chapter and the provisions of other laws of the\nstate, the National MUTCD shall constitute such state manual and\nspecifications; provided, however, such manual and specifications may be\nmodified by the commissioner of transportation by the adoption of a\nsupplement or supplements as such commissioner of transportation\ndetermines warranted and in compliance with the applicable provisions of\nthe state administrative procedure act. The manual and its\nspecifications is adopted as the state standard for traffic control\ndevices on any street, highway, or bicycle path open to public travel.\nNo person shall install or maintain in any area of private property used\nby the public any sign, signal, marking or other device intended to\nregulate, warn or guide traffic unless it conforms with the state manual\nand specifications maintained under this section. Unless otherwise\nprovided for by the adoption of a supplement by the commissioner of\ntransportation, the operational practices related to emergency incident\nresponses provided in the manual shall apply to police officers and\nother emergency responders responding to an emergency only in so far as\nsuch officers or emergency responders deem compliance with the manual\npracticable.\n (b) No provision of this chapter shall be deemed to require that such\nmanual contain authority for the future installation of any specific\nkind or type of traffic-control device or combination of traffic-control\ndevices which in the judgment of the department of transportation does\nnot conform to such nationally accepted standards.\n (c) No state or local authority shall hereafter fabricate or purchase\nany traffic-control device that does not conform to the current manual\nand specifications as amended from time to time. No state or local\nauthority shall hereafter install any traffic-control device that does\nnot conform to the current manual and specifications as amended from\ntime to time, except that devices that are on order or on hand and\nserviceable or operable may be installed and used until the phase-in\ncompliance date specified in the MUTCD. No state or local authority\nshall continue to use any traffic-control device that does not conform\nto the current manual and specifications as amended from time to time\nbeyond the phase-in compliance date specified in the MUTCD, except that\na city having a population in excess of one million shall conform to the\nstate manual and specifications only insofar as such local authority in\nits discretion deems practicable.\n (d) No person, firm, association or corporation shall sell, lease, or\noffer for sale or hire for use in this state any traffic control device\nthat does not conform to the current manual and specifications as\namended from time to time, or unless a certificate of approval has been\nissued by the commissioner of transportation pursuant to the provisions\nof section five hundred ninety-nine-b of the general business law. The\nprovisions of this subdivision shall not apply to the sale, lease or\noffer for sale or hire to a city having a population in excess of one\nmillion.\n
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