§ 1680. Department of transportation to maintain a manual of uniform
traffic-control devices. (a) The department of transportation shall
maintain a manual and specifications for a uniform system of
traffic-control devices consistent with the provisions of this chapter
for use upon highways within this state. Such uniform system shall
correlate with and so far as practicable conform to nationally accepted
standards. To the extent that the National Manual on Uniform Traffic
Control Devices (hereinafter referred to in this section as MUTCD),
promulgated by the Federal Highway Administration pursuant to subpart F
of part 655 of Title 23 of the Code of Federal Regulations and subject
to a public comment period under federal law, does not conflict with the
provisions of this chapter and the provisions of other laws of the
state, the National MUTCD shall constitute such state manual and
specifications; provided, however, such manual and specifications may be
modified by the commissioner of transportation by the adoption of a
supplement or supplements as such commissioner of transportation
determines warranted and in compliance with the applicable provisions of
the state administrative procedure act. The manual and its
specifications is adopted as the state standard for traffic control
devices on any street, highway, or bicycle path open to public travel.
No person shall install or maintain in any area of private property used
by the public any sign, signal, marking or other device intended to
regulate, warn or guide traffic unless it conforms with the state manual
and specifications maintained under this section. Unless otherwise
provided for by the adoption of a supplement by the commissioner of
transportation, the operational practices related to emergency incident
responses provided in the manual shall apply to police officers and
other emergency responders responding to an emergency only in so far as
such officers or emergency responders deem compliance with the manual
practicable.

(b) No provision of this chapter shall be deemed to require that such
manual contain authority for the future installation of any specific
kind or type of traffic-control device or combination of traffic-control
devices which in the judgment of the department of transportation does
not conform to such nationally accepted standards.

(c) No state or local authority shall hereafter fabricate or purchase
any traffic-control device that does not conform to the current manual
and specifications as amended from time to time. No state or local
authority shall hereafter install any traffic-control device that does
not conform to the current manual and specifications as amended from
time to time, except that devices that are on order or on hand and
serviceable or operable may be installed and used until the phase-in
compliance date specified in the MUTCD. No state or local authority
shall continue to use any traffic-control device that does not conform
to the current manual and specifications as amended from time to time
beyond the phase-in compliance date specified in the MUTCD, except that
a city having a population in excess of one million shall conform to the
state manual and specifications only insofar as such local authority in
its discretion deems practicable.

(d) No person, firm, association or corporation shall sell, lease, or
offer for sale or hire for use in this state any traffic control device
that does not conform to the current manual and specifications as
amended from time to time, or unless a certificate of approval has been
issued by the commissioner of transportation pursuant to the provisions
of section five hundred ninety-nine-b of the general business law. The
provisions of this subdivision shall not apply to the sale, lease or
offer for sale or hire to a city having a population in excess of one
million.