N.Y. Comp. Codes R. & Regs. tit. 21 § 1040.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1040.5 - Prohibited uses

No person in a terminal, station or train shall:

(a) interfere with or impede the movement of passengers or personnel of the Authority or SIRTOA; lie on the floor, platforms, stairs, elevator, escalator, or landings; occupy more than one seat when to do so would interfere with the operation of SIRTOA's transportation system or the comfort of other passengers; or place their foot on any seat;

(b) create any sound through the use of any sound production device, except as is specifically authorized by these rules. In no event will the use of amplification devices of any kind, electronic or otherwise, be permitted on a platform. Use of radios and other devices listened to solely by headphones or earphones and inaudible to others is permitted;

(c) throw, drop or cause to be propelled any object, projectile or other article at, from, upon, in or on a facility or train;

(d) bring into a facility or carry onto a train liquid in an open container, or drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage;

(e) consume any controlled substance except pursuant to valid prescription;

(f) enter or remain in any facility or train while their ability to function safely in the environment of the terminal, station or train is impaired by the consumption of alcohol or by the taking of any drug;

(g) endanger the safety of others, engage in fighting or assault another person or persons, or threaten another person with such conduct;

(h) vandalize, injure, deface, alter, write upon, destroy, remove or tamper with the facilities or trains, including any facilities under the jurisdiction of tenants or permittees;

(i) enter or attempt to enter any area which is locked or otherwise restricted from public access by any means including, but not limited to, barricades, fencing, doors and signs, or enter or leave a terminal, station or train except by designated entrance ways or exits;

(j) ride or otherwise stand on a skateboard, wear roller skates or in-line skates, ride or straddle a bicycle while in motion, or ride a scooter or any other self-propelled vehicle or motor-propelled vehicle or device, on or through any part of a terminal, station or train, excluding parking lots and access roads. This provision does not apply to the proper use of self- propelled or motor-propelled vehicles or similar assistive devices by persons requiring the use of such device due to a disability;

(k) cook, light a fire or otherwise create a fire except pursuant to the terms of any lease, license, operating agreement or concession granted by SIRTOA or the authority;

(l) utilize hand carts on escalators;

(m) dispense commercial merchandise with or without charge or carry on any commercial activity except pursuant to the terms of a lease, license, operating agreement or concession granted SIRTOA or the authority;

(n) offer to or agree to carry baggage or hire and/or flag taxicabs or car services except pursuant to the terms of a lease, license, operating agreement or concession granted by SIRTOA or the authority;

(o) burn a lighted cigarette, cigar, pipe or any other matter or substance which contains tobacco or any tobacco substitute or use an electronic cigarette ("vaping");

(p) engage in any activity which interferes with the commercial activities of leases, tenants or their customers;

(q) engage in noncommercial activities, except as expressly permitted by these rules;

(r) misrepresent through words, signs, leaflets, attire or otherwise, such person's affiliation with or lack of affiliation with or support by any organization, group, entity, or cause, including any affiliation with or support by SIRTOA or the authority or the New York City Transit Authority or any of their programs, such as Music Under New York or Arts for Transit;

(s) carry on or bring to any facility or train any wheeled cart greater than thirty inches in either length or width, including but not limited to shopping or grocery store carts or baskets, but excluding any stroller which is, at the time it is on or in the facility or conveyance, being utilized for children; or any item that:

(1) is so long as to extend outside the window or door of a train;

(2) constitutes a hazard to the operation of SIRTOA, interferes with passenger traffic, or impedes service; or

(3) constitutes a danger or hazard to other persons. Nothing contained in this section shall apply to the use of wheelchairs, crutches, canes, or other physical assistance devices;

(t) bring a bicycle into a facility or train on weekdays between the hours of 5:00 a.m. to 10:00 a.m., and between 4:00 p.m. and 8:00 p.m., or at any other time when in the judgment of a SIRTOA conductor, passenger traffic exceeds available seating. The prohibition against bringing a bicycle into a train between 4:00 p.m. and 8:00 p.m. only applies to trains travelling in the eastbound (towards Tottenville) direction;

(u) ride on the roof, platform between trains or any other area outside the train;

(v) use the end doors of a train car to pass from one train car to another except in an emergency or when directed to do so by a police officer or SIRTOA train conductor;

(w) refuse or fail to relinquish a seat on a conveyance which has been designated as "PRIORITY SEATING", "WHEELCHAIR PRIORITY SEATING" or words of similar import, if requested to do so by or on behalf of a person with a disability, or occupy any location on a conveyance designated for persons using wheelchairs if such location is required to accommodate a person using a wheelchair; and

(x) for purposes of gaining entry into a facility, proceed over or under any turnstile or otherwise proceed in any other unauthorized manner through an exit gate or through or past any other point at which a fare is required or collected, and it shall be no defense to a charge of a violation of this subdivision that fare media, a fare media sales device or a fare collection device was malfunctioning.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1040.5

Amended New York State Register October 14, 2020/Volume XLII, Issue 40, eff. 10/14/2020