Bill Text: NY S01391 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to establishing first responder safety zones and setting speed limits in such safety zones.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2022-03-02 - referred to transportation [S01391 Detail]
Download: New_York-2021-S01391-Introduced.html
Bill Title: Relates to establishing first responder safety zones and setting speed limits in such safety zones.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2022-03-02 - referred to transportation [S01391 Detail]
Download: New_York-2021-S01391-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1391 2021-2022 Regular Sessions IN SENATE January 11, 2021 ___________ Introduced by Sens. BROOKS, ADDABBO, GAUGHRAN, KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing first responder safety zones and speed limits in such safety zones The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 141-c to read as follows: 3 § 141-c. First responder safety zone. The area or space officially set 4 apart within a roadway adjacent to any facility or parking area where 5 fire vehicles, police vehicles, ambulances, or emergency ambulance 6 service vehicles are stationed for use in responding to emergencies, and 7 which is protected, marked or indicated by lines or other markings on 8 the surface and by adequate signs as to be plainly visible at all times 9 while set apart as a safety zone. 10 § 2. Section 1144-a of the vehicle and traffic law is amended by 11 adding a new subdivision (d) to read as follows: 12 (d) During an active emergency, every operator of a motor vehicle 13 shall yield the right of way to any fire vehicle, police vehicle, ambu- 14 lance, or emergency ambulance service vehicle displaying one or more 15 red, white, blue or green lights pursuant to the provisions of subdivi- 16 sion forty-one of section three hundred seventy-five of this chapter and 17 traveling within or entering a first responder safety zone. A first 18 violation of this provision shall be punishable by a fine of not more 19 than five hundred dollars. A second violation of this provision shall be 20 punishable by a fine of not more than one thousand dollars. 21 § 3. The section heading and subdivision (a) of section 1151 of the 22 vehicle and traffic law, subdivision (a) as amended by chapter 159 of 23 the laws of 2002, are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03530-01-1S. 1391 2 1 Pedestrians' right of way in crosswalks and first responder safety 2 zone. (a) When traffic-control signals are not in place or not in oper- 3 ation the driver of a vehicle shall yield the right of way, slowing down 4 or stopping if need be to so yield, to a pedestrian crossing the roadway 5 within a crosswalk or first responder safety zone on the roadway upon 6 which the vehicle is traveling, except that any pedestrian crossing a 7 roadway at a point where a pedestrian tunnel or overpass has been 8 provided shall yield the right of way to all vehicles. 9 § 4. Subdivision (d) and paragraph 4 of subdivision (h) of section 10 1180 of the vehicle and traffic law, subdivision (d) as amended by chap- 11 ter 432 of the laws of 1997, and paragraph 4 of subdivision (h) as 12 amended by section 7 of part C of chapter 62 of the laws of 2003, are 13 amended and a new subdivision (c-1) is added to read as follows: 14 (c-1) Except as provided in subdivision (g) of this section, whenever 15 maximum first responder zone speed limits have been established on a 16 highway adjacent to a first responder zone as authorized in section 17 sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred 18 thirty, sixteen hundred forty-three or sixteen hundred sixty-two-a, no 19 person shall drive a vehicle at a speed in excess of fifteen miles per 20 hour. 21 (d) 1. Except as provided in subdivision (g) of this section, whenever 22 maximum speed limits, other than school speed limits or first responder 23 safety zone speed limits, have been established as authorized in 24 sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen 25 hundred twenty-three, sixteen hundred twenty-seven, sixteen hundred 26 thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen 27 hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty- 28 three, and sixteen hundred seventy, no person shall drive in excess of 29 such maximum speed limits at any time. 30 2. Except as provided in subdivision (g) of this section, whenever 31 maximum speed limits, other than school speed limits or first responder 32 safety zone speed limits, have been established with respect to any 33 restricted highway as authorized in section sixteen hundred twenty-five, 34 no person shall drive in excess of such maximum speed limits at any 35 time. 36 4. Every person convicted of a violation of subdivision (c) of this 37 section when such violation occurs in a school speed zone during a 38 school day between the hours of seven o'clock A.M. and six o'clock P.M., 39 or subdivision (c-1) of this section when such violation occurs in a 40 first responder speed zone shall be punished as follows: 41 (i) Where the court or tribunal records or enters that the speed upon 42 which the conviction was based exceeded the applicable speed limit by 43 not more than ten miles per hour, by a fine of not less than ninety nor 44 more than three hundred dollars; 45 (ii) Where the court or tribunal records or enters that the speed upon 46 which the conviction was based exceeded the applicable speed limit by 47 more than ten miles per hour but not more than thirty miles per hour, by 48 a fine of not less than one hundred eighty nor more than six hundred 49 dollars or by imprisonment for not more than fifteen days or by both 50 such fine and imprisonment; 51 (iii) Where the court or tribunal records or enters that the speed 52 upon which the conviction was based exceeded the applicable speed limit 53 by more than thirty miles per hour, by a fine of not less than three 54 hundred sixty nor more than one thousand two hundred dollars, or by 55 imprisonment for not more than thirty days, or by both such fine and 56 imprisonment.S. 1391 3 1 § 5. The vehicle and traffic law is amended by adding a new section 2 1118 to read as follows: 3 § 1118. Signs and markings in first responder safety zones. First 4 responder safety zones shall be indicated with signage at each end of 5 such safety zones, alerting motorists to the requirement that the right 6 of way be yielded to pedestrians and emergency vehicles, and with white 7 hash marks painted on the road surface between the curbs or, in the 8 absence of curbs, between the edges of the traversable roadway. Such 9 signage shall meet department of transportation standards and be 10 installed properly so that they are clearly visible to motorists in 11 accordance with the manual on uniform traffic control devices. 12 § 6. Paragraph b of subdivision 2 of section 510 of the vehicle and 13 traffic law is amended by adding a new subparagraph (xviii) to read as 14 follows: 15 (xviii) for a period of one year where the holder is convicted of a 16 third or subsequent violation of section eleven hundred forty-four-a of 17 this chapter. 18 § 7. Subdivision (a) of section 1620 of the vehicle and traffic law, 19 as amended by chapter 563 of the laws of 2002, is amended to read as 20 follows: 21 (a) The department of transportation with respect to state highways 22 maintained by the state outside of cities having a population in excess 23 of one million, and highways on Indian reservations, may by order, rule 24 or regulation establish higher or lower maximum speed limits at which 25 vehicles may proceed on or along such highways than the fifty-five miles 26 per hour statutory maximum speed limit. No such maximum speed limit 27 shall be established at less than twenty-five miles per hour, except 28 that school speed limits may be established at not less than fifteen 29 miles per hour, for a distance not to exceed one thousand three hundred 30 twenty feet, on a highway passing a school building, entrance or exit of 31 a school abutting on the highway and further that speed limits may be 32 established at not less than fifteen miles per hour in first responder 33 safety zones. Absence of signs installed pursuant to this section shall 34 be presumptive evidence that the department of transportation has not 35 established a higher maximum speed limit than the fifty-five miles per 36 hour statutory limit. 37 § 8. Subdivision 1 of section 1622 of the vehicle and traffic law, as 38 amended by chapter 563 of the laws of 2002, is amended to read as 39 follows: 40 1. Establish maximum speed limits at which vehicles may proceed on or 41 along such highways higher or lower than the fifty-five miles per hour 42 statutory maximum speed limit. No such limit shall be established at 43 less than twenty-five miles per hour, except that school speed limits 44 may be established at not less than fifteen miles per hour, for a 45 distance not to exceed one thousand three hundred twenty feet, on a 46 highway passing a school building, entrance or exit of a school abutting 47 on the highway, and further that speed limits may be established at not 48 less than fifteen miles per hour in first responder safety zones. 49 § 9. Subdivision 5 of section 1630 of the vehicle and traffic law, as 50 amended by chapter 563 of the laws of 2002, is amended to read as 51 follows: 52 5. Establishment of maximum and minimum speed limits at which vehicles 53 may proceed on or along such highways. No such maximum speed limit shall 54 be established at less than twenty-five miles per hour, except that 55 speed limits may be established at not less than fifteen miles per hour 56 in first responder zones, and except that school speed limits may beS. 1391 4 1 established at not less than fifteen miles per hour, for a distance not 2 to exceed one thousand three hundred twenty feet, on a highway passing a 3 school building, entrance or exit of a school abutting on the highway, 4 and except that, with respect to bridge and elevated structures that are 5 a part of any such highway, a lower maximum speed limit may be estab- 6 lished if it is determined that such lower maximum speed limit is the 7 maximum speed limit which may be maintained without structural damage to 8 such bridge or structure, and except that, with respect to any highway 9 under the jurisdiction of the office of parks, recreation and historic 10 preservation, other than a parkway as defined in subdivision seventeen 11 of section 1.03 of the parks, recreation and historic preservation law, 12 the department of agriculture and markets or the industrial exhibit 13 authority, a maximum speed limit of not less than ten miles per hour may 14 be established on any portion thereof, if it is determined that such 15 lower maximum speed limit is necessary to assure the safety of the 16 public, and except that, with respect to any highway having toll plazas, 17 a maximum speed limit of not less than five miles per hour may be estab- 18 lished for passage through such toll plazas. 19 § 10. Section 1643 of the vehicle and traffic law, as amended by chap- 20 ter 412 of the laws of 2012, is amended to read as follows: 21 § 1643. Speed limits on highways in cities and villages. The legisla- 22 tive body of any city or village with respect to highways (which term 23 for the purposes of this section shall include private roads open to 24 public motor vehicle traffic) in such city or village, other than state 25 highways maintained by the state on which the department of transporta- 26 tion shall have established higher or lower speed limits than the statu- 27 tory fifty-five miles per hour speed limit as provided in section 28 sixteen hundred twenty of this title, or on which the department of 29 transportation shall have designated that such city or village shall not 30 establish any maximum speed limit as provided in section sixteen hundred 31 twenty-four of this title, subject to the limitations imposed by section 32 sixteen hundred eighty-four of this title may by local law, ordinance, 33 order, rule or regulation establish maximum speed limits at which vehi- 34 cles may proceed within such city or village, within designated areas of 35 such city or village or on or along designated highways within such city 36 or village higher or lower than the fifty-five miles per hour maximum 37 statutory limit. No such speed limit applicable throughout such city or 38 village or within designated areas of such city or village shall be 39 established at less than thirty miles per hour; except that in the city 40 of Long Beach, in the county of Nassau, speed limits may be established 41 at not less than fifteen miles per hour on any portion of the following 42 highways in such city: Cleveland avenue, Harding avenue, Mitchell 43 avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, Wilson avenue 44 and Taft avenue. No such speed limit applicable on or along designated 45 highways within such city or village shall be established at less than 46 twenty-five miles per hour, except that school speed limits may be 47 established at not less than fifteen miles per hour, for a distance not 48 to exceed one thousand three hundred twenty feet, on a highway passing a 49 school building, entrance or exit of a school abutting on the highway, 50 and except that speed limits may be established at not less than fifteen 51 miles per hour in first responder safety zones and except that within 52 the cities of Buffalo and Rochester speed limits may be established at 53 not less than fifteen miles per hour for any portion of a highway within 54 a city park. 55 § 11. Section 1662-a of the vehicle and traffic law, as amended by 56 chapter 405 of the laws of 2012, is amended to read as follows:S. 1391 5 1 § 1662-a. Speed limits in certain towns. The town board of any subur- 2 ban town governed pursuant to article three-A of the town law and the 3 town board of any other town having a population exceeding fifty thou- 4 sand, with respect to highways (which term for the purposes of this 5 section shall include private roads open to public motor vehicle traf- 6 fic) in such towns outside any village, other than state highways main- 7 tained by the state on which the department of transportation shall have 8 established higher or lower speed limits than the statutory fifty-five 9 miles per hour speed limit as provided in section sixteen hundred twenty 10 of this title, or on which the department of transportation shall have 11 designated that such towns shall not establish any maximum speed limit 12 as provided in section sixteen hundred twenty-four of this title, 13 subject to the limitations imposed by section sixteen hundred eighty- 14 four of this title may by local law, ordinance, order, rule or regu- 15 lation establish maximum speed limits at which vehicles may proceed 16 within such towns, within designated areas of such towns or on or along 17 designated highways within such towns lower than the fifty-five miles 18 per hour maximum statutory limit. No such speed limit applicable 19 throughout such towns or within designated areas of such towns shall be 20 established at less than thirty miles per hour, except that in the town 21 of Hempstead speed limits may be established at not less than fifteen 22 miles per hour on any portion of a highway in the community known as 23 Point Lookout and on all or any portion of the following highways in the 24 community known as Lido Beach: Ocean Boulevard, Allevard Street, Bath 25 Street, Buxton Street, Cheltenham Street, Pinehurst Street, Harrogate 26 Street, Matlock Street, Nantwick Street, Biarritz Street, Royat Street, 27 Luchon Street, Woodhail Street, Leamington Street, Saratoga Street, 28 Kensington Street, and Prescott Street; provided, however, that no such 29 speed limit in such town may be established unless a majority of the 30 residents of each such community file a petition with the town board of 31 such town requesting such speed limit. No such speed limit applicable on 32 or along designated highways within such towns shall be established at 33 less than twenty-five miles per hour, except that school speed limits 34 may be established at not less than fifteen miles per hour, for a 35 distance not to exceed one thousand three hundred twenty feet, on a 36 highway passing a school building, entrance or exit of a school abutting 37 on the highway, and except further that speed limits may be established 38 at not less than fifteen miles per hour in first responder safety zones, 39 and except further that in the town of Hempstead speed limits may be 40 established at not less than fifteen miles per hour on any portion of a 41 highway in the communities known as Point Lookout and Lido Beach; 42 provided, however, that no such speed limit in such town may be estab- 43 lished unless a majority of the residents of each such community file a 44 petition with the town board of such town requesting such speed limit. 45 § 12. Severability. If any clause, sentence, subdivision, paragraph, 46 section or part of this act be adjudged by any court of competent juris- 47 diction to be invalid, or if any federal agency finally determines that 48 this act would render New York state ineligible for the receipt of 49 federal funds, such judgment or written determination shall not affect, 50 impair or invalidate the remainder thereof, but shall be confined in its 51 operation to the clause, sentence, subdivision, paragraph, section or 52 part thereof directly involved in the controversy in which such judgment 53 or written determination shall have been rendered. 54 § 13. This act shall take effect on the one hundred eightieth day 55 after it shall have become a law, and shall apply to violations commit- 56 ted on and after such date.
