§ 4-02 Compliance With and Effect of Traffic Rules.
RCNY § 4-02
(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.
(b)Suspension of rules. The Commissioner may, at his/her discretion, suspend any regulation contained herein in situations involving public safety and convenience.
(c)Dangerous driving. No person shall operate a vehicle in a manner that will endanger any person or property.
(d)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.
(vi)Pedestrians. Pedestrians may cross any roadway, other than a limited access highway, at any point, including points outside of a marked or unmarked crosswalk, but must yield to other traffic that has the right of way, provided that a failure to yield shall not be a violation of these rules.
(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.
(e)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. (Amended City Record 5/27/2025, eff. 6/26/2025)
