Bill Text: NY A09775 | 2023-2024 | General Assembly | Amended

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Bill Title: Enacts the "area speed limits act"; relates to factors for setting area speed limits.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-08-19 - print number 9775a [A09775 Detail]

Download: New_York-2023-A09775-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9775--A

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by  M.  of  A.  SHRESTHA, THIELE, LEVENBERG, STECK, SHIMSKY,
          BICHOTTE HERMELYN -- read once and referred to the Committee on Trans-
          portation -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  to amend the vehicle and traffic law, in relation to area speed
          limits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "area speed limits act".
     3    § 2. Section 1643 of the vehicle and traffic law, as amended by  chap-
     4  ter 496 of the laws of 2022, is amended to read as follows:
     5    §  1643. Speed limits on highways in cities and villages. The legisla-
     6  tive body of any city or village with respect to  highways  (which  term
     7  for  the  purposes  of  this section shall include private roads open to
     8  public motor vehicle traffic) in such city or village, other than  state
     9  highways  maintained by the state on which the department of transporta-
    10  tion shall have established higher or lower speed limits than the statu-
    11  tory fifty-five miles per  hour  speed  limit  as  provided  in  section
    12  sixteen  hundred  twenty  of  this  title, or on which the department of
    13  transportation shall have designated that such city or village shall not
    14  establish any maximum speed limit as provided in section sixteen hundred
    15  twenty-four of this title, subject to the limitations imposed by section
    16  sixteen hundred eighty-four of this title may by local  law,  ordinance,
    17  order,  rule or regulation establish maximum speed limits at which vehi-
    18  cles may proceed within such city or village, within designated areas of
    19  such city or village or on or along designated highways within such city
    20  or village higher or lower than the fifty-five miles  per  hour  maximum
    21  statutory  limit. No such speed limit applicable throughout such city or
    22  village or within designated areas of such  city  or  village  shall  be
    23  established  at less than twenty-five miles per hour; except that in the
    24  city of Long Beach, in the county of Nassau, speed limits may be  estab-
    25  lished  at  not  less  than fifteen miles per hour on any portion of the
    26  following highways in such city: Cleveland avenue, Harding avenue, Mitc-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15114-03-4
        A. 9775--A                          2

     1  hell avenue, Belmont avenue, Atlantic avenue,  Coolidge  avenue,  Wilson
     2  avenue  and  Taft  avenue.  No  such  speed limit applicable on or along
     3  designated highways within such city or village shall be established  at
     4  less  than  twenty-five  miles per hour, except that school speed limits
     5  may be established at not less  than  fifteen  miles  per  hour,  for  a
     6  distance  not  to  exceed  one  thousand three hundred twenty feet, on a
     7  highway passing a school building, entrance or exit of a school abutting
     8  on the highway and except that within the cities of Buffalo and  Roches-
     9  ter  speed  limits may be established at not less than fifteen miles per
    10  hour for any portion of a highway within a city park.   No speed  limits
    11  shall  be  established pursuant to the provisions of this section except
    12  in accordance with the engineering considerations and factors for  speed
    13  limits set forth in either:
    14    a.  the standards and methods described by the national association of
    15  city transportation officials (NACTO), such as  a  published  guide  for
    16  evaluating speed limits; or
    17    b.  the  manual  and  specifications  for  a uniform system of traffic
    18  control devices maintained by the commissioner of transportation  pursu-
    19  ant  to section sixteen hundred eighty of this title, as such manual and
    20  specifications may be amended from time to time, certified by a licensed
    21  professional engineer who specializes in traffic operations.
    22    § 3. Section 1662-a of the vehicle and  traffic  law,  as  amended  by
    23  chapter 496 of the laws of 2022, is amended to read as follows:
    24    §  1662-a.  Speed  limits  in  [certain]  towns. The town board of any
    25  [suburban] town governed pursuant to [article three-A of] the  town  law
    26  [and  the  town  board  of  any other town having a population exceeding
    27  fifty thousand], with respect to highways (which term for  the  purposes
    28  of this section shall include private roads open to public motor vehicle
    29  traffic)  in  such  towns outside any village, other than state highways
    30  maintained by the state on which the department of transportation  shall
    31  have  established higher or lower speed limits than the statutory fifty-
    32  five miles per hour speed limit as provided in section  sixteen  hundred
    33  twenty of this title, or on which the department of transportation shall
    34  have  designated  that  such towns shall not establish any maximum speed
    35  limit as provided in section sixteen hundred twenty-four of this  title,
    36  subject  to  the  limitations imposed by section sixteen hundred eighty-
    37  four of this title may by local law, ordinance,  order,  rule  or  regu-
    38  lation  establish  maximum  speed  limits  at which vehicles may proceed
    39  within such towns, within designated areas of such towns or on or  along
    40  designated  highways  within  such towns lower than the fifty-five miles
    41  per hour  maximum  statutory  limit.  No  such  speed  limit  applicable
    42  throughout  such towns or within designated areas of such towns shall be
    43  established at less than twenty-five miles per hour, except that in  the
    44  town  of  Hempstead  speed  limits  may  be established at not less than
    45  fifteen miles per hour on any portion of  a  highway  in  the  community
    46  known  as Point Lookout and on all or any portion of the following high-
    47  ways in the community known as Lido  Beach:  Ocean  Boulevard,  Allevard
    48  Street, Bath Street, Buxton Street, Cheltenham Street, Pinehurst Street,
    49  Harrogate  Street,  Matlock  Street,  Nantwick  Street, Biarritz Street,
    50  Royat Street, Luchon Street, Woodhail Street, Leamington Street, Sarato-
    51  ga Street, Kensington Street, and Prescott  Street;  provided,  however,
    52  that no such speed limit in such town may be established unless a major-
    53  ity  of  the  residents  of each such community file a petition with the
    54  town board of such town requesting such speed limit. No such speed limit
    55  applicable on or along designated highways within such  towns  shall  be
    56  established  at less than twenty-five miles per hour, except that school
        A. 9775--A                          3

     1  speed limits may be established at not less than fifteen miles per hour,
     2  for a distance not to exceed one thousand three hundred twenty feet,  on
     3  a  highway passing a school building, entrance or exit of a school abut-
     4  ting  on  the  highway, and except further that in the town of Hempstead
     5  speed limits may be established at not less than fifteen miles per  hour
     6  on  any  portion  of a highway in the communities known as Point Lookout
     7  and Lido Beach; provided, however, that no such speed limit in such town
     8  may be established unless a majority  of  the  residents  of  each  such
     9  community  file  a  petition with the town board of such town requesting
    10  such speed limit. No speed limits shall be established pursuant  to  the
    11  provisions  of  this  section  except in accordance with the engineering
    12  considerations and factors for speed limits set forth in either:
    13    a. the standards and methods described by the national association  of
    14  city  transportation  officials  (NACTO),  such as a published guide for
    15  evaluating speed limits; or
    16    b. the manual and specifications  for  a  uniform  system  of  traffic
    17  control  devices maintained by the commissioner of transportation pursu-
    18  ant to section sixteen hundred eighty of this title, as such manual  and
    19  specifications may be amended from time to time, certified by a licensed
    20  professional engineer who specializes in traffic operations.
    21    § 4. This act shall take effect immediately.