§ 281. Application of this article; definitions. 1. Except as hereby otherwise expressly provided, and except for the exercise by municipalities of the powers granted to them by the general highway traffic law relating to traffic and parking, this article shall be exclusively controlling:

2

a. Upon the registration, numbering and regulation of motor vehicles and the licensing and regulation of chauffeurs and operators;

b. On their use of public highways, and

C. On the accessories used upon motor vehicles and their incidents and the speed of motor vehicles upon the public highway; d. On the punishment for the violations of any of the provisions of this article.

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2. The term "motor vehicle" as used in this article, except where otherwise expressly provided, shall include all vehicles propelled by any power other than muscular power, except motor bicycles, motor cycles, traction engines, road rollers, fire wagons and engines, police patrol wagons, ambulances used exclusively for charitable purposes, agricultural tractors, tractor cranes, steam shovels and road building machinery and such vehicles as run only upon rails or tracks. The term "local authorities" shall include all officers of counties, cities, boroughs, towns or villages, as well as all boards, committees and other public officials of such counties, cities, boroughs, towns or villages. The terms "city of the first class, 99 66 "city of the second class" a "city of the third class" shall have, respectively, the meanings which they had on December thirty-first, nineteen hundred and twenty-three. The term 'chauffeur" shall mean any person operating or driving a motor vehicle, as an employee or for hire. The term "operator" shall mean any person, other than a chauffeur, who operates or drives a motor vehicle before the first day of October, nineteen hundred and twenty-four, in a county wholly included in a city, and on or after that day upon any public highway as hereinafter defined. The term "state" as used in this article, except where otherwise expressly provided, shall also include the territories and the federal districts of the United States. The term "owner" shall also include any person, firm, association or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days. The term "public highway" shall include any highway, county road, state road, public street, avenue, alley, park, parkway or public place in any county, city, borough, town or village, in this state, except any speedway which may have been or may be expressly set apart by law for the exclusive use of horses and light carriages. The term "omnibus, as used in this article, shall include any motor vehicle held and used for the transportation of passengers for hire. The term "commissioner,' as used in this article, shall mean the state commissioner of motor vehicles.

2 Words "and except for the exercise by municipalities of the powers granted to them by the general highway traffic law relating to traffic and parking," new.

§ 288. Local ordinances prohibited. Except as herein otherwise provided, and except for the exercise by municipalities of the powers granted to them by the general highway traffic law relating to traffic and parking,2 local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring from any owner, operator or chauffeur to whom this article is applicable any tax, fee, license or permit for the use of the public highways, or excluding any such owner, operator or chauffeur from the free use of such public highways, excepting such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages or in any other way respecting motor vehicles or their speed upon or use of the public highways; and no ordinance, rule or regulation contrary to or in any wise inconsistent with the provisions of this article, now in force or hereafter enacted, shall have any effect; provided, however, that the power given to local authorities to license and regulate vehicles offered to the public for hire, and processions, assemblages or parades in the streets or public places, and all ordinances, rules and regulations which may have been or which may be enacted in pursuance of such powers shall remain in full force and effect; and provided, further, that local authorities may set aside for a given time a specified public highway for speed contests or races, to be conducted under proper restrictions for the safety of the public; and provided, further, that local authorities may exclude motor vehicles from any cemetery or grounds used for the burial of the dead, and may by general rule, ordinance or regulation exclude motor vehicles used solely for commercial purposes from any park or part of a park system where such general rules, ordinance or regulation is applicable equally and generally to all other vehicles used for the same purposes, and provided further that nothing in this article contained shall impair the validity or effect of any ordinances, regulating the speed of motor vehicles, or of any traffic regulations with regard to the operation of motor vehicles, heretofore or hereafter made, adopted or prescribed pursuant to law in any city of the first class or in any city of the second class in a county adjoining a city of the first class; provided, further, that the local authorities of other cities and incorporated villages may, subject to the provisions of this section. and the following section, limit by ordinance, rule or regulation the speed of motor vehicles on the public highways, such speed limitation not to be in any case less than one mile in three minutes, and the maintenance of a greater rate of speed for one-eighth of a mile shall be presumptive evidence of driving at a rate of speed which is not careful and prudent, and on further condition that each city or village shall have placed conspicuously within fifteen feet. of the traveled portion of each main public highway where the city or village line crosses the same, or at a point within the limits of such city or village on such highway, and within fifteen feet of

2 Words "and except for the exercise by municipalities of the powers granted to them by the general highway traffic law relating to traffic and parking,"

new.

1

L. 1909, ch. 30, § 290, subd. 3 amended.

the traveled portion of every main highway where the rate of speed changes, on posts on both sides of the highway, at the point where the speed limit is reduced or changed, signs adequately illuminated between sunset and sunrise and of sufficient size to be easily readable by a person using the highway, the top of which shall be not more than eight feet nor less than six feet from the ground, bearing in letters six inches high, the words, "City of or "Incorporated village of..

"Slow down to .... miles per hour'" (the rate being inserted), and also an arrow pointing in the direction where the speed is to be reduced or changed, and also on further condition that such ordinance, rule or regulation shall fix the punishment for violation thereof, which punishment shall, during the existence of the ordinance, rule or regulation, supersede those specified in subdivision two of section two hundred and ninety of this chapter but, except in cities of the first or second class, shall not exceed the same. Official copies of all local ordinances passed under the provisions of this subdivision shall be filed with the commissioner at least thirty days before they shall respectively take effect and all such local ordinances shall be printed in pamphlet form and issued at regular intervals by the commissioner.

§ 2. This act shall take effect immediately.

CHAPTER 318

AN ACT to amend the highway law, in relation to reports of conviction for operating motor vehicles while intoxicated.

Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision three of section two hundred and ninety of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," as added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten and last amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

3. Punishment for operating motor vehicle while in an intoxicated condition; for going away without stopping after accident and making himself known. Whoever operates a motor vehicle while in an intoxicated condition shall be guilty of a misdemeanor. Whoever operates a motor vehicle while in an intoxicated condition after having been convicted of operating a motor vehicle while in an intoxicated condition shall be guilty of a felony and shall be punishable by imprisonment for not less than sixty days per hour " new.

3 Words

1 Previously amended by L. 1917, ch. 769; L. 1921, chs. 85, 580; L. 1922, ch. 389.

nor more than two years and by a fine of not less than two hundred dollars nor more than two thousand dollars. Any person operating a motor vehicle who, knowing that damage has been caused to a vehicle, due to the culpability of the person operating such motor vehicle, or to accident, leaves the place where the damage occurred, without stopping and giving his name, residence, including street and street number, and license number to the party sustaining the damage, or to a police officer, or in case no ! police officer is in the vicinity of the place where the damage occurred, then reporting the same to the nearest police station, or judicial officer, shall be guilty of a misdemeanor. Any person operating a motor vehicle who, knowing that injury has been caused to a person, due to the culpability of the person operating such motor vehicle, or to accident, leaves the place of said injury or accident, without stopping and giving his name, residence, including street and street number, and license number, to the injured party and also to a police officer, or in case no police officer is in the vicinity of the place of said injury or accident, then reporting the same to the nearest police station or judicial officer, is guilty of a misdemeanor. A conviction of a violation of the foregoing provisions of this subdivision shall be reported in writing and notice thereof mailed within forty-eight hours? by the trial court or the clerk thereof to the commissioner who shall make a record of the recommendation of the trial court. A police officer or judicial officer receiving a report of such an accident shall make a memorandum of the facts reported, and of such additional facts relating to the accident as may come to his knowledge, and forthwith deliver the same to a police justice } or other magistrate of the city, village or town. Any such justice or magistrate or any judicial officer to whom such accident may have been reported in the first instance shall keep in his office a record of the facts disclosed by such memorandum or report. § 2. This act shall take effect immediately.

CHAPTER 319

AN ACT to amend the highway law, in relation to persons who may receive licenses to operate motor vehicles.

Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 30,

amended.

Section 1. Subdivision one of section two hundred and eighty- L. 1999, nine of chapter thirty of the laws of nineteen hundred and nine, $ 289, entitled "An act relating to highways, constituting chapter sub. 1 twenty-five of the consolidated laws," as added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten and last amended by chapter three hundred and sixty of the

2 Words "in writing and notice thereof mailed within forty-eight hours," substituted for word forthwith."

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laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

1. License of operators or chauffeurs. Application for license to operate motor vehicles, as an operator or chauffeur, may be made, by mail or otherwise, to the commissioner or his duly au thorized agent upon blanks prepared under authority of the commissioner in such form and with such proof of the applicant's fitness as the commissioner shall in his discretion determine. The commissioner shall cause examinations to be held at convenient points throughout the state as often as may be necessary. Any examination under this section shall be conducted by an inspector, or deputy inspector, designated for that purpose by authority of the commissioner. Such application, if for a chauffeur's license, shall be accompanied by a photograph of the applicant in such numbers and forms as the commissioner shall prescribe, said photograph to be taken within thirty days prior to the filing of said application and to be accompanied by the fee provided herein. An owner of a motor vehicle or a member of his immediate family shall be granted an operator's license, subject to this article. Before a chauffeur's license is granted, the applicant shall pass such examination as to his qualifications as the commissioner shall require. Before an operator's license is granted, the commissioner, or an inspector if the application be referred to one, in any case where he deems it necessary or proper, may require the applicant to pass an examination. If application for a chauffeur's or operator's license be made to a county clerk, it shall be referred immediately to an inspector, and the license shall not be issued except upon the inspector's certification that the applicant has passed an examination or that an examination is unnecessary; provided provided however, that an owner of a motor vehicle or a member of his immediate family who applies in the year nineteen hundred and twenty-four after July first, for an operator's license, and who shall have operated a motor vehicle on the public highways, shall be entitled to such license without examination unless there be special circumstances which, in the judgment of the commissioner or county clerk, require such an examination, and the reference of such an application by a county clerk to an inspector shall be in the discretion of such clerk. No operator's or chauffeur's license shall be issued to any person under eighteen years of age, 'except that junior operators licenses may be issued to minors who have arrived at the age of sixteen years, but who have not reached eighteen years of age, under rules and regulations to be established by the commissioner of motor vehicles, provided, however, that no such license shall entitle a licensee to operate a motor vehicle in a city having a population of one million or more or to operate a motor vehicle except in traveling to and from school or in the usual and ordinary pursuit of the business of the parent or guar

1 Previously amended by L. 1911, ch. 491; L 1917, ch. 769; L. 1919, ch. 472; L. 1921, ch. 580.

2 Remainder of sentence new.