What are the regulations or procedures that govern the use and obstruction of public roads for private business activities such as landscaping?

With regard to landscaping vehicles parking on public roads, the Vehicle and Traffic law Section 1201 puts limits on parking on public streets. Even if parking is allowed, the vehicle must be out of the travelled way if it is not in a residential or business area. If there is an edge stripe, this area is easy to define. Without the stripe, it can be more problematic to define whether they are in the travelled way.

Vehicle and Traffic

§ 1201. Stopping, standing, or; parking outside of businessor residence districts.(a) Upon any highwayoutsideof a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such highway.
(b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

Another option to consider within business and residential areas would be to restrict parking. Town boards have been given the authority to restrict parking on town roads in Section 1660 of the Vehicle and Traffic Law.

§ 1660. Traffic regulation in all towns. (a) The town board of any town with respect to highways outside of villages in any such town, but not including state highways maintained by the state except with respect to subdivisions six, eight, nine and ten, subject to the limitations imposed by section sixteen hundred eighty-four may by ordinance, order, rule or regulation:

18. Prohibit, restrict or limit the stopping, standing or parking of vehicles.

For any work that creates an obstruction in the roadway, the Manual of Traffic Control (MUTCD) has standard requirements and layouts for Work Zone/Temporary Traffic Control for multiple situations depending on where the work vehicles are placed. Requirements to provide for Temporary Traffic Control would also apply to private businesses that are performing maintenance in areas adjacent to the roadway and who are using the roadway right of way as part of their staging, regardless of how temporary. Part 6 of the MUTCD addresses the need for traffic control when traffic has been interrupted from the normal flow. This would include advance signage to warn the driver of a changing situation. Each unique situation would have specific requirements to protect the workers and the travelling public. It is also important to note that the State of New York has variations to the MUTCD that are specific to NYS, so it is important to cross-reference the MUTCD information with the NYS Supplement.

Resources:

Access to the National MUTCD can be found here:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm

Temporary Traffic Control: Part 6:
https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/part6.pdf

NYS Supplement:
https://www.dot.ny.gov/divisions/operating/oom/transportation-systems/repository/B-2011Supplement-adopted.pdf

March, 21'

Restricting parking may be the most efficient and enforceable means of eliminating potential liabilities related to these vehicles parking within the roadway. But it may also be feasible to require MUTCD compliant Temporary Traffic Control measures for each contractor within the town, to ensure that an effort at safety is followed.

With regard to local deliveries, the Vehicle and Traffic Law does not allow their restriction from conducting business. If there is a problem with large trucks using local roads as short cuts, the town board has the authority to implement truck routes (Vehicle and Traffic Law Section 1660(a)) to keep these vehicles out of local neighborhoods. Again, local deliveries cannot be restricted.