NYC Department of Transportation Rule Revisions | Volume 11, Issue 5

Photo by Eric Konon

RPO would like to make you aware of significant changes to DOT Regulations.

1.    New General Compliance Requirement has been added that comes replete with its own new corresponding violation:

Applicants, permittees, and persons conducting business with the DOT must comply with:

• The Highway Rules

• Standard Specifications

• Standard Drawing Details

• All other applicable laws and rules

A separate violation can be levied for each offense and for each day that the violation continues.

It is more important now than ever before to understand the requirements of your permits; RPO is prepared to consult about permits that we obtain for our clients.

2.    Expanded Flagger Requirements

The rule requires flag people when there is active work such as:

• Closing a moving traffic lane and/or bicycle lane; and

• When traffic is temporarily diverted

The permittee must also provide and adhere to an authorized Maintenance and Protection of Traffic plan.

RPO provides consulting services and advocates on behalf of clients utilizing its permit services. Our staff is uniquely equipped to assist clients in understanding DOT requirements and creating compliant MPT plans.

3.    Winter Moratorium Requirements

During the winter moratorium, permittees/entities with plating or decking must post appropriate signage, including:

• “Plates Ahead” or “Raise Plow”

The plates must also be countersunk flush with the roadway. Signs must be placed five (5) feet before the plates and, on two-way streets, on both sides of the street.

4.    Emergency Work

Emergency work has been narrowed and clarified. Emergency work is work necessary to:

• Rectify a condition endangering public safety; or

• Address a situation causing, or likely to cause, an imminent interruption of service required by law, contract, or franchise to be continuously maintained.

Emergency work is not applicable to:

• New construction

• Regrades of existing hardware

• Work that is not necessary to address imminent interruption

You cannot get a permit for “Emergency Work” unless it meets the correct standard.

5.    CONEX Boxes Explicitly Prohibited

Placement of a CONEX storage boxes on any City street is now expressly prohibited unless authorized by the Commissioner.

6.    Violation Adjustments

Increase in violation amount and new types of violations have been established. RPO’s violation experts are putting together a separate newsletter that details these changes specifically. The changes are significant, so look out for details from us shortly.

Bottom Line

This new DOT rule should be viewed as a meaningful operational and compliance update for NYC street-construction activity. The biggest changes are not simply paperwork requirements. The rule creates clearer boundaries around when work can occur, how roadway conditions must be maintained, what must happen before and after embargo periods, who is responsible for defects, how emergency work is defined, what materials can be stored on City streets, and the financial consequences of noncompliance.

If you need assistance or have any questions regarding how to incorporate these new rules in your projects, contact RPO for assistance.