§  104-a.  Designating  as  restricted  highways under construction or  reconstruction. The commissioner of transportation shall have the  power  to  designate any highway under construction or reconstruction under the  supervision  of  the  commissioner of transportation, the county  superintendent of highways  of  a  street,  highway  or  road  under  construction or reconstruction  under  his  supervision,  and  the  town  superintendent of highways  of  a  street,  highway  or  road  under  construction  or  reconstruction  under  the  supervision  of  the  town  superintendent,  as  a  restricted highway, maintaining traffic thereon,  subject to the provisions of article thirty-seven  of  the  vehicle  and  traffic law.