
Quoting
Vehicle and Traffic Law § 1685
§ 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.