THE HIGHWAY LAW L. 1909, chap. 30.-AN AOT RELATING TO HIGHWAYS, CON As amended by the Legislatures of 1910, 1911, 1912, 1913. CHAPTER XXV OF THE CONSOLIDATED LAWS. Article HIGHWAY LAW. I. Short title and definitions (§§ 1-3). II. Department of highways (§§ 10-25). III. District or county superintendents (§§ 30–33). IV. Town superintendents; general powers and duties (§§ 40-82). V. Highway moneys; state aid (§§ 90-111). VI. State and county highways (§§ 120–160). VI-A. Improvement with Federal Aid (§§ 161-168). VII. Maintenance of state and county highways (§§ 170-180). VIII. Laying out, altering and discontinuing highways; private roads XI. Motor vehicles (§§ 280–293). XI-A. Motor cycles (§§ 300-310). XII. Miscellaneous provisions (§§ 320-344). XIII. Saving clauses; laws repealed; when to take effect (§§ 350-357). Short Title and Definitions. Section 1. Short title. § 2. Definitions. 1. The term " department," when used in this 2. The terms "commission," "highway commission," and state highway commission," when so used, shall each mean the state commission of highways. The term "state superintendent of highways," when so used, shall mean the commissioner of highways, and reference to powers and duties of the state superintendent of highways to be exercised subject to the commission shall mean the exercise of such powers and duties by the commissioner of highways without the concurrence of any other commission or officer. 3. The term "district superintendent" or "county superintendent," when so used, shall mean the district superintendent of highways or county superintendent of highways respectively. 4. The term "town superintendent," when so used, shall mean the town superintendent of highways. 5. A highway within the provisions of this chapter shall be deemed to include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls and all bridges having a span of five feet or less. Amended by L. 1911, ch. 646, L. 1912, ch. 83 and L. 1913, ch. 80. Sidewalks as part of highway. A sidewalk is as much a part of the high. way as the traveled wagon road. People v. Meyer, 26 Misc. 117, 56 N. Y. Supp. 1097, 1099 (1899). Private roads. Provisions are made in this chapter for the laying out of private roads. See Highway Law, §§ 211-226. As to what constitutes a dedication of a private road as a public highway, see Highway Law, § 191. § 3. Classification of highways. Highways are hereby di vided into four classes. 1. State highways are those constructed or improved under this chapter at the sole expense of the state, including those highways specified and described in section one hundred and twenty of the highway law and acts amendatory thereof. 2. County highways are those heretofore or hereafter constructed or improved at the joint expense of state, county and town, as provided by law, except those highways specified and described in section one hundred and twenty of this chapter. 3. County roads are those designated as such under a general or special law and constructed, improved, maintained and repaired by the county as such in counties in which the county road system has been or may be adopted. 4. Town highways are those constructed, improved or maintained by the town with the aid of the state, under the provisions of this chapter, including all highways in towns, outside of incorporated villages constituting separate road districts, which do not belong to either of the three preceding classes. Amended by L. 1910, ch. 567, L. 1912, ch. 83 and L. 1916, ch. 578. ARTICLE II. Department of Highways. Section 10. Department of highways established. 11. State commission of highways; commissioner of highways. 13. Principal office; official seal; stationery. 14. Deputy commissioners, secretary and chief auditor of the depart ment. 15. General powers and duties of the commissioner of highways. 16. Division engineers. 17. Duties of division engineers. 18. Salaries and expenses. 19. Appointment of officers, clerks and employees. 20. Blank forms and town accounts. 21. Examination of accounts and records. 22. Condemnation of bridges. 23. Estimate of cost of maintenance of state and county highways. 24. Rules and regulations for state and county highways. 25. Patented material or articles. There is hereby § 10. Department of highways established. established a department, to be known as a department of highways, which shall be constituted as provided in this chapter, and shall have the powers and perform the duties hereinafter prescribed. § 11. State commission of highways; commissioner of highways. The state commission of highways is continued. Such commission shall consist of a single commissioner, to be known as the commissioner of highways, who shall be the head of the department of highways. Such commissioner shall be appointed by the governor by and with the advice and consent of the senate for a term of five years. He shall devote all of his time to the duties of his office. The governor may remove such commissioner for inefficiency, neglect of duty or misconduct in office. A copy of the charges against him shall be served upon such superintendent and he shall have an opportunity of being publicly heard in person or by counsel in his own defense upon not less than a ten days' notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, together with a complete record of the proceedings. The commissioner of highways shall receive an annual salary to be fixed by the governor of not exceeding ten thousand dollars. Wherever by the terms of this chapter or other statute, action by the commission is required to be taken by resolution or in any manner by the concurrence of the members of a majority, such action shall, when the commission consists of a single commissioner, be taken by a formal order of such commissioner entered in the records of the department of highways. Amended by L. 1911, ch. 646 and L. 1913, ch. 80. § 12. Oath of office; undertaking. The commissioner of highways shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and execute an undertaking in the sum of twenty-five thousand dollars, to be approved by and filed with the comptroller and renewed as often as the governor may require. Such undertaking shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such commissioner of highways in accordance with law, or in default thereof that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default. Amended by L. 1911, ch. 646 and L. 1913, ch. 80. The principal 13. Principal office; official seal; stationery. office of the department shall be in the city of Albany in rooms provided by the trustees of public buildings. The department shall have an official seal, to be prepared by the secretary of state, as provided by law. The offices of the department shall be supplied with necessary postage, stationery and office furniture and appliances, to be paid for out of moneys appropriated therefor, and it shall have prepared for it by the state, such books and blanks as are required for carrying on the business of the department. 14. Deputy commissioners, secretary and chief auditor of the department. The commissioner of highways shall appoint a secretary and chief auditor of the department and three deputy commissioners. Each of the deputy commissioners shall have had practical experience in actual building, construction and maintenance of highways and be familiar with the operation and effect of state statutes relating to highways and bridges. One of such deputies shall be practical civil engineer, to be known as the first deputy, and his duties shall relate to the plans, specifications and execution of all contracts pertaining to state and county highways; one of such deputies shall be known as the second deputy, and his duties shall relate to the maintenance of state and county highways; one of such deputies shall be known as the third deputy and his duties shall relate to the repair, improvement and maintenance of town highways and bridges, and county roads and roads and bridges on the Indian reservations. The first deputy shall receive an annual salary of six thousand dollars. The second and third deputies and the secretary shall each receive an annual salary of five thousand dollars. The chief auditor shall receive an annual salary of five thousand dollars. Each deputy, the secretary and the chief auditor shall before entering upon the duties of his office each take and subscribe the constitutional oath of office. Each deputy, the secretary and the chief auditor shall each execute an undertaking in the sum of five thousand dollars, to be approved by and filed with the comptroller and renewed as often as the commissioner of highways may require. The commissioner of highways, by order filed in the office of the department, may at any time designate a deputy to sign on behalf of the commission such papers and documents as are specified in such order. The chief auditor shall determine the authorization for and the accuracy of every expenditure of state funds for highway purposes and his report thereon, after approval by the commissioner of highways, shall be transmitted to the comptroller for final audit. Each deputy, the secretary and the chief auditor shall have such other and further duties as the commissioner of highways may determine, and shall each be subject to his direction and control and may be removed by him. Amended by L. 1911, ch. 646 and L. 1913, ch. 80. 15. General powers and duties of the commissioner of highways. The commissioner of highways shall 1. Have general supervision of all highways and bridges which are constructed, improved or maintained in whole or in part by the aid of state moneys. 2. Prescribe rules and regulations not inconsistent with law, fixing the duties of division engineers, resident engineers, district, county and town superintendents in respect to all highways and bridges and determining the method of the construction, improvement or maintenance of such highways and bridges. Such rules and regulations shall, before taking effect, be printed and trans. mitted to the highway officers affected thereby. |