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D.O.T. authorizes the use of pedestrian traffic managers at select construction sites.

DEPARTMENT OF TRANSPORTATION

Notice of Adoption of rules relating to pedestrian traffic managers.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE

Commissioner of Transportation by subdivision (b) of Section 2903 of the New York City

Charter and in accordance with the requirements of Section 1043 of the New York City Charter,

that the Department of Transportation hereby adopts the amendments to Sections 2-01 and 2-05

of Chapter 2 of Title 34 of the Official Compilation of the Rules of the City of New York, the

Highway Rules, by adding a new definition to section 2-01 and a new subdivision (m) to section

2-05. This rule was first published on August 7, 2012, and a public hearing was held on

September 7, 2012. This rule shall take effect 30 days from the date hereof.

New material is indicated by underlining; deleted material is in brackets [ ].

STATEMENT OF BASIS AND PURPOSE

The Commissioner of the New York City Department of Transportation (DOT) is authorized to

promulgate rules regarding highway operations in the City pursuant to Section 2903(b) of the

New York City Charter.

The purpose of the adopted rule is to provide pedestrian and cyclist safety around large

construction projects.

The adopted rule will achieve this goal by:

 giving the Department of Transportation Commissioner discretion to require the use of

pedestrian traffic managers at selected construction sites.

 providing experience and certification criteria for pedestrian traffic managers.

Background

DOT permittees already provide staff to control vehicular traffic around large construction

projects. However, with the increase in bicycle ridership and pedestrian volume throughout the

city, it is important that permittees also place trained pedestrian traffic managers, who will focus

on bicycle and pedestrian safety, in and around major construction projects. Permittees have

recently deployed pedestrian traffic managers successfully at large construction sites, such as the

World Trade Center site and the reconstruction of Peck Slip in Lower Manhattan.

New text is underlined, and deleted material is in [brackets].

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules

of this office, unless otherwise specified or unless the context clearly indicates otherwise.§1. Section 2-01 of Title 34 of the Rules of the City of New York is amended by adding a

new definition, in alphabetical order, to read as follows:

Pedestrian Traffic Manager. The term “pedestrian traffic manager” means a person authorized

by the Commissioner to direct bicycle and pedestrian traffic pursuant to these rules.

§2. Section 2-05 of Title 34 of the Rules of the City of New York is amended by adding

a new subdivision (m), to read as follows:

(m) Pedestrian Traffic Managers

(1) Permittees must deploy pedestrian traffic managers when required by the department for

any of the construction activities set forth in this section 2-05. Such requirement shall be

set forth in a permit stipulation and may be required where:

(i) the permitted construction activity is located within a high pedestrian volume

area, which significantly impacts pedestrian circulation; and/or

(ii) conflicts between pedestrians, bicycles and/or vehicles occur as a result of the

construction activity.

(2) When deployed and during their employment and active service, all pedestrian traffic

managers must have either:

(i) a minimum of five years of law enforcement experience, or

(ii) a minimum of five years of certified flagger experience and pedestrian traffic

manager training.

(3) Law enforcement experience may include but not be limited to New York City Police

Department, New York City Department of Corrections, New York/New Jersey Port

Authority Police, New York State Police, military police, or other comparable municipal

law enforcement agencies. Flagger certification must be from an accredited organization.

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