Bill Text: NY S05404 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to certain speed limits and driving under the influence charges.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S05404 Detail]

Download: New_York-2017-S05404-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5404
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 24, 2017
                                       ___________
        Introduced  by  Sen. ROBACH -- (at request of the Department of Environ-
          mental Conservation) -- 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 certain
          speed limits and certain driving under the influence charges
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  7 of section 1192 of the vehicle and traffic
     2  law, as added by chapter 47 of the laws of 1988  and  as  renumbered  by
     3  chapter 173 of the laws of 1990, is amended to read as follows:
     4    7.  Where  applicable. The provisions of this section shall apply upon
     5  public highways, private roads open to [motor  vehicle  traffic]  public
     6  use and any other parking lot. For the purposes of this section "parking
     7  lot"  shall  mean  any  area  or  areas of private property, including a
     8  driveway, near or contiguous to and provided in connection with premises
     9  and used as a means of access to and egress from  a  public  highway  to
    10  such  premises  and  having  a  capacity for the parking of four or more
    11  motor vehicles. The provisions of this section shall not  apply  to  any
    12  area  or areas of private property comprising all or part of property on
    13  which is situated a one or two family residence, unless open  to  public
    14  use.
    15    §  2. Subdivision 5 of section 1630 of the vehicle and traffic law, as
    16  amended by chapter 563 of the  laws  of  2002  is  amended  to  read  as
    17  follows:
    18    5. Establishment of maximum and minimum speed limits at which vehicles
    19  may proceed on or along such highways. No such maximum speed limit shall
    20  be  established  at  less  than  twenty-five miles per hour, except that
    21  school speed limits may be established at not less  than  fifteen  miles
    22  per hour, for a distance not to exceed one thousand three hundred twenty
    23  feet,  on  a  highway  passing  a school building, entrance or exit of a
    24  school abutting on the highway, and except that, with respect to  bridge
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09999-01-7

        S. 5404                             2
     1  and  elevated  structures  that  are a part of any such highway, a lower
     2  maximum speed limit may be established if it  is  determined  that  such
     3  lower  maximum speed limit is the maximum speed limit which may be main-
     4  tained without structural damage to such bridge or structure, and except
     5  that,  with  respect to any highway under the jurisdiction of the office
     6  of parks, recreation and historic preservation, other than a parkway  as
     7  defined  in  subdivision  seventeen of section 1.03 of the parks, recre-
     8  ation and historic preservation law, the department of  agriculture  and
     9  markets,  the department of environmental conservation or the industrial
    10  exhibit authority, a maximum speed limit of not less than ten miles  per
    11  hour may be established on any portion thereof, if it is determined that
    12  such  lower maximum speed limit is necessary to assure the safety of the
    13  public, and except that, with respect to any highway having toll plazas,
    14  a maximum speed limit of not less than five miles per hour may be estab-
    15  lished for passage through such toll plazas.
    16    § 3. This act shall take effect immediately.
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