Bill Text: NY S01941 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the town board of any town, exclusive of suburban towns and towns having a population exceeding fifty thousand, may by local law, ordinance, order, rule or regulation establish maximum speed limits on town highways which have been classified by the department of transportation as local roads and which are outside of villages.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S01941 Detail]

Download: New_York-2019-S01941-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1941
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by  Sens.  LITTLE, AKSHAR, RITCHIE, SEWARD -- 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
          speed limits in towns
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1622 of the vehicle and traffic law, as amended  by
     2  chapter 420 of the laws of 1968, subdivision 1 as amended by chapter 563
     3  of  the laws of 2002, subdivision 2 as amended by chapter 83 of the laws
     4  of 1969, is amended to read as follows:
     5    § 1622. Speed limits on county  roads  and  town  highways.    1.  The
     6  department  of transportation upon the request of the county superinten-
     7  dent of highways of a county and the town board of  the  town  or  towns
     8  affected  with respect to county roads and town highways in such town or
     9  towns outside of cities or villages, may by order, rule or regulation:
    10    [1.] (a) Establish maximum speed limits at which vehicles may  proceed
    11  on  or along such highways higher or lower than the fifty-five miles per
    12  hour statutory maximum speed limit. No such limit shall  be  established
    13  at less than twenty-five miles per hour, except that school speed limits
    14  may  be  established  at  not  less  than  fifteen miles per hour, for a
    15  distance not to exceed one thousand three  hundred  twenty  feet,  on  a
    16  highway passing a school building, entrance or exit of a school abutting
    17  on the highway.
    18    [2.]  (b) Establish maximum speed limits at which vehicles may proceed
    19  on or along all such highways lying within an area or  areas  as  desig-
    20  nated by a description of the boundaries of such area or areas submitted
    21  by  the county superintendent of highways of a county and the town board
    22  of the town or towns affected lower than fifty-five miles per hour stat-
    23  utory maximum speed limit. No such limit shall be  established  at  less
    24  than thirty miles per hour.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02226-01-9

        S. 1941                             2
     1    2.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
     2  section, in lieu of making a request of the department of transportation
     3  pursuant to such subdivision, the town board of any town,  exclusive  of
     4  suburban  towns  and towns having a population exceeding fifty thousand,
     5  with respect to town highways which have been functionally classified by
     6  the  department  of transportation as local roads on official functional
     7  classification maps  approved  by  the  federal  highway  administration
     8  pursuant to part 470.105 of title 23 of the code of federal regulations,
     9  as  amended  from  time  to  time,  and  which are outside of cities and
    10  villages, may by local law, ordinance, order, rule or regulation:
    11    (i) Establish maximum speed limits at which vehicles may proceed on or
    12  along such highways lower than the fifty-five miles per  hour  statutory
    13  maximum  speed  limit.  No  such limit shall be established at less than
    14  twenty-five miles per hour, except  that  school  speed  limits  may  be
    15  established  at not less than fifteen miles per hour, for a distance not
    16  to exceed one thousand three hundred twenty feet, on a highway passing a
    17  school building, entrance or exit of a school abutting on the highway.
    18    (ii) Establish maximum speed limits at which vehicles may  proceed  on
    19  or  along all such highways lying within an area or areas lower than the
    20  fifty-five miles per hour statutory maximum speed limit. No  such  limit
    21  shall be established at less than thirty miles per hour.
    22    (b)  No  such  speed  limits shall be established except in accordance
    23  with the engineering considerations and factors  for  speed  limits  set
    24  forth  in  the  New  York  state manual and specifications for a uniform
    25  system of traffic control devices as such manual and specifications  may
    26  be amended from time to time, certified by a licensed professional engi-
    27  neer who specializes in traffic operations.
    28    (c)  For the purposes of this section, the term "New York state manual
    29  and specifications for a uniform  system  of  traffic  control  devices"
    30  shall  mean  the  national  manual  of  uniform  traffic control devices
    31  promulgated by the federal highway administration  pursuant  to  subpart
    32  (f)  of  part 655 of title 23 of the code of federal regulations and the
    33  New York state supplement adopted by the commissioner of  transportation
    34  pursuant  to  section sixteen hundred eighty of this title, and the term
    35  "town highways" shall have the same meaning as such term is  defined  by
    36  subdivision five of section three of the highway law.
    37    (d) Nothing contained in this subdivision shall be deemed to alter the
    38  authority of the department of transportation to establish maximum speed
    39  limits  at the request of a town board with respect to all town highways
    40  within such town outside of cities and villages pursuant to  subdivision
    41  one  of  this  section,  provided that no maximum speed limits have been
    42  established by such town board pursuant to this subdivision on any  town
    43  highway functionally classified as a local road within such town.
    44    § 2. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law; provided, however, that effective immediate-
    46  ly,  the  department  of  transportation  is  authorized and directed to
    47  promulgate such rules and regulations as are necessary for the implemen-
    48  tation of this act on its effective date.
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