Section 25.05. Operation on highways

It shall be unlawful for any person to
  drive or operate any snowmobile on a highway other than as follows:
    1. Operation on thruway, interstate  highways  and  controlled  access
  state  highways  prohibited.  Except  in a snow emergency as so declared
  under the provisions of subdivision two  of  this  section,  snowmobiles
  shall  not be operated on the state thruway or interstate and controlled
  access state highways.
    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section,  the  commissioner, with the concurrence of the commissioner of
  transportation, may designate for temporary snowmobile use  a  trail  or
  portion of a trail listed in this subdivision within the right of way of
  a  state route. The commissioner's designation shall include conditions,
  developed in consultation with the commissioner  of  transportation,  on
  the use of such trail by snowmobiles to provide for the safe use of such
  route  and  the safe operation of snowmobiles on the trail. Designations
  made under this subdivision shall be effective  for  no  longer  than  a
  period  of  one  year  and  may  be  renewed with the concurrence of the
  commissioner of transportation. The following trails or portions thereof
  may be temporarily  designated  for  snowmobile  use  pursuant  to  this
  subdivision:
    (a)  state  route  one hundred four between the western county line of
  Wayne county and the northern town line  of  the  town  of  Hannibal  in
  Oswego county; and
    (b)  state route three hundred seventy-four from the vicinity of route
  marker 374-7102-1331 at the intersection of state  route  three  hundred
  seventy-four  and state route twenty-two to the vicinity of route marker
  374-7102-1250 in Cadyville near the intersection of  state  route  three
  hundred seventy-four and state route three.
    1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, the commissioner, with the concurrence of the  commissioner  of
  transportation,  may  designate  for  snowmobile  use a trail within the
  right-of-way of state route three between state route one  hundred  four
  in  the town of Hannibal and county route three in the town of Granby in
  Oswego county. The commissioner's designation shall include  conditions,
  developed  in  consultation  with the commissioner of transportation, on
  the use of such trail by snowmobiles to provide  for  the  safe  use  of
  state  route  three  and the safe operation of snowmobiles on the trail.
  Designations made under this  subdivision  shall  be  effective  for  no
  longer than a period of one year and may be renewed with the concurrence
  of the commissioner of transportation.
    2.  Emergencies.  (a)  In  an  emergency, for the purpose of emergency
  travel only, during the period of time when and at locations where  snow
  upon  the  highways  renders travel by motor vehicles impractical, as so
  declared and permitted in the case of the state thruway by  the  thruway
  authority,  in  the  case of other state highways by the state agency or
  authority having jurisdiction to regulate traffic thereon,  and  in  the
  case   of   other  highways  by  the  chief  executive  officer  of  the
  municipality having jurisdiction over such highways.
    (b) A snowmobile may also be operated on a highway otherwise closed to
  snowmobile travel in emergency situations when the specific travel for a
  specific purpose is authorized or directed by a peace or police officer,
  or a highway superintendent or executive officer of a county, town, city
  or village.
    3. Highway crossings. On highways other than the  thruway,  interstate
  highways  and  controlled access highways, snowmobiles may take a direct
  crossing at any time of the day provided:

    (a) The crossing is made at an angle of approximately  ninety  degrees
  to  the  direction  of  the  highway and at a place where no obstruction
  prevents a quick and safe crossing; and
    (b)  The  snowmobile is brought to a complete stop before crossing the
  shoulder or main traveled way of the highway; and
    (c) The driver yields the right of way to all oncoming  traffic  which
  constitutes an immediate hazard; and
    4. Culverts and bridges. Snowmobiles may be operated on highways other
  than  the  thruway,  interstate  and  controlled  access  highways, when
  necessary to cross a bridge or culvert.
    5. Unplowed highways. Snowmobiles may be  operated  on  county,  town,
  city  or  village highways, or portions thereof, during the periods when
  and at locations where the highway is customarily  unplowed  and  unused
  during  the  winter  months  for vehicle travel. The governing body of a
  county, town, city or village shall designate those highways or portions
  thereof which are so customarily unplowed.
    6. Outside banks. On highways other than the thruway,  interstate  and
  controlled  access  highways, snowmobiles may be operated on the outside
  banks.
    7. Highways designated by governmental agencies.  Snowmobiles  may  be
  operated  on the following portions of highways, other than the thruway,
  interstate highways or controlled access state highways, which have been
  designated and posted as provided in section 25.09.
    (a) Shoulders and inside banks. On the shoulders and inside  banks  of
  such highways or portions thereof so designated;
    (b) Roadways. On roadways of such highways or portions thereof in case
  the outside banks or shoulders are determined by the governmental agency
  to be impassable or non-existent by reason of prevailing snow conditions
  or conditions of terrain;
    (c)  Access  areas.  On such highways, for a distance of not to exceed
  five hundred yards when in the determination of the governmental  agency
  concerned  it  is otherwise impossible for snowmobiles to gain access to
  areas or trails adjacent to the highway, for the purpose only of gaining
  access to and from the areas of operation.
    8. Limitation on highway operation. (a) No person shall so  operate  a
  snowmobile  on any highway, when otherwise permitted, between sunset and
  sunrise except on the right side of such right of way and  in  the  same
  direction  as  the  highway  traffic  or the nearest lane of the roadway
  adjacent thereto.
    (b) When operation on a roadway is permitted by any provision of  this
  article,  snowmobiles shall travel in single file, shall not ride tandem
  or abreast each other except in overtaking another snowmobile, and shall
  travel on the right side of the road in the same direction as  the  flow
  of vehicular traffic.
    (c)  No person shall operate a snowmobile on or across a highway while
  pulling a person on skis or drawing or towing a sleigh, sled or toboggan
  which carries or transports any person.  No  person  on  skis  shall  be
  pulled  by, and no person shall ride on or in a sleigh, sled or toboggan
  which is being towed or trailed by a snowmobile on a highway.
    (d) No person shall operate a snowmobile  on  the  frozen  surface  of
  public  waters  within  one  hundred feet of a person, including but not
  limited to a skater, not in or upon a snowmobile or within  one  hundred
  feet of a fishing shanty or shelter except at the minimum speed required
  to  maintain  forward movement of the snowmobile or on an area which has
  been cleared of snow for skating purposes unless the area  is  necessary
  for access to the public water.
    (e)  No person shall operate a snowmobile within one hundred feet of a
  dwelling between twelve o'clock midnight and  six  o'clock  a.m.,  at  a

  speed  greater than minimum required to maintain forward movement of the
  snowmobile.
    9.  Emergency  vehicle. The provisions of this section shall not apply
  to operation as emergency vehicle.