The New Department of Transportation has adopted several administrative rules relating public use of its highway rest areas, parking areas, and scenic overlooks. These rules can be found under New York Codes, Rules & Regulations 17 CRR-NY IV C 156. Below are the full texts of these rules…
Note: These rules do not apply to service areas, rest areas, and parking areas along the New York Thruway. The Thruway is governed by the New York State Thruway Authority.
Part 156 Use of Rest and Parking Areas and Scenic Overlooks
156.1 Definitions.
(a) The term rest area, when used in this Part, shall mean any area provided by the State Department of Transportation along State highways, maintained by the State and designated as “ rest area” by signs caused to be erected within the State highway right-of-way by the Commissioner of Transportation.
(b) The term parking area, when used in this Part, shall mean any area provided by the State Department of Transportation along State highways, maintained by the State and designated as “ parking area” by signs caused to be erected within the State highway right-of-way by the Commissioner of Transportation.
(c) The term scenic overlook, when used in this Part, shall mean any area provided by the State Department of Transportation along State highways, maintained by the State and designated as “scenic overlook” by signs caused to be erected within the State highway right-of-way by the Commissioner of Transportation.
(d) The term vehicle, when used in this Part, shall mean 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.
(e) The term commercial activity, when used in this Part, shall include the exhibiting of goods or samples of goods for sale and the taking of orders therefor, the exchange of commercial paper, the buying and selling of goods and services, the transfer of commercial cargoes or portion of cargoes from one vehicle to another, the advertising of goods and services, the solicitation of riders, the solicitation from or selling to an occupant of any vehicle, or any other activity in furtherance of a transaction of commerce, trade or mercantile pursuits.
156.2 Speed.
Vehicles within rest or parking areas or scenic overlooks shall at all times be operated at a speed which is reasonable and prudent under the circumstances, but in no event shall any vehicle be operated at a speed in excess of 25 miles per hour in any rest or parking area or scenic overlook.
156.3 Parking.
(a) Vehicles shall be parked only in those portions of rest or parking areas or scenic overlooks designated for parking and in accordance with the sign or striping scheme found therein.
(b) In no event shall a vehicle be parked in such a manner as to block ingress or egress to or from a rest or parking area or scenic overlook, or to prevent the free movement of another vehicle therein.
(c) Parking of vehicles for longer than three hours during the hours of darkness is not permitted in any rest or parking area or scenic overlook; provided, however, that a commercial motor vehicle, as defined in section 820.1 of this Title, may, except as provided otherwise by the Department of Transportation by the posting of signs, remain motionless at such an area for up to 10 hours if the commercial vehicle driver is present and is required to use this period as off duty or sleeper berth time to allow rest in accordance with Federal or State motor carrier safety hours of service regulations.
(d) Vehicles shall not be left unattended in rest or parking areas or scenic overlooks, unless the owner, operator or a passenger thereof is within the rest or parking area or scenic overlook or is on adjacent land to which access is permitted. However, in the case of mechanical failure, a vehicle may be left in a rest or parking area or scenic overlook with a notice attached to the windshield setting forth the name and address of the owner or operator, the nature of the mechanical failure, and the date and time when the owner or operator left the rest or parking area or scenic overlook.
(e) In no event shall any vehicle be parked or left in a rest or parking area or a scenic overlook for more than 24 hours.
156.4 Camping.
Camping is prohibited in rest or parking areas or at scenic overlooks. No tent or shelter shall be erected in any rest or parking area or scenic overlook.
156.5 Littering, refuse disposal, sanitary waste.
(a) Littering of rest or parking areas or scenic overlooks, and areas adjacent to rest or parking areas or scenic overlooks, is prohibited.
(b) Persons using rest or parking areas or scenic overlooks for picnics or eating purposes shall clean up tables, benches and any other area used by them and shall deposit all refuse in trash receptacles, if provided at the site.
(c) Refuse accumulated in the normal use of vehicles, other than house trailers or camping vehicles, may be deposited in trash receptacles, if provided at the site.
(d) No other refuse of any sort may be disposed of in a rest or parking area or scenic overlook.
(e) Under no circumstances may sanitary wastes, human or animal, be disposed of at any rest or parking area or scenic overlook, except that normal use may be made of any sanitary facilities in rest or parking areas or scenic overlooks.
(f) Fluids from any vehicle shall not be drained and deposited in any rest or parking area or scenic overlook.
156.6 Fires.
(a) No person shall kindle, build, maintain or use a fire in any rest or parking area or scenic overlook, except in fireplaces provided at the site, in portable fireplaces or charcoal braziers, or in stoves.
(b) Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree, building or in any underbrush.
(c) No person shall throw away or discard any lighted match, cigar or cigarette within or against any building, structure, vehicle, enclosure or trash receptacle, or under any tree or in underbrush or grass, in any rest or parking area or scenic overlook.
156.7 Commercial activity, solicitation of funds.
(a) No person other than those authorized by the Commissioner of Transportation, pursuant to section 88, subdivision 10, of the Highway Law, shall carry on any commercial activity in any rest or parking area or scenic overlook. No person shall solicit funds for any purpose in any rest or parking area or scenic overlook.
(b) The prohibition against commercial activity shall not operate to prevent the use, in the normal course of travel, of rest or parking areas or scenic overlooks by commercial vehicles bearing advertisements.
156.8 Entering from or exiting to adjacent land along controlled access highways.
Along a controlled access highway, no person or vehicle shall enter a rest or parking area or scenic overlook from any adjacent private land, or exit from a rest or parking area or scenic overlook to any adjacent private land, for any purpose. Along a controlled access highway, only designated entrances and exits shall be used by persons and vehicles.
156.9 Animals or pets.
Animals or pets brought into rest or parking areas or scenic overlooks shall at all times be confined within vehicles or cages, or restrained by a proper leash.
156.10 Damage to property.
No person shall injure, deface, disturb or befoul any part of any rest or parking area or scenic overlook, nor any building, sign, equipment or other property of the State located thereon, nor shall any tree, flower, plant, shrub, rock or other mineral be injured, destroyed or removed from such rest or parking area or scenic overlook.
156.11 Alcoholic beverages.
Consumption of alcoholic beverages shall not be permitted within any rest or parking area or scenic overlook.
156.12 Firearms and weapons.
(a) At no time shall drawn bows, loaded firearms, loaded air guns, spring guns or other such weapons be permitted in any rest or parking area or scenic overlook, nor shall any bow, firearm, air gun, spring gun or other weapon be discharged for any reason in any rest or parking area or scenic overlook.
(b) This provision shall not apply to peace officers, as defined in section 154 of the Code of Criminal Procedure, or to State police officers, conservation officers or special game protectors.