Bill Text: NY S00293 | 2009-2010 | General Assembly | Introduced

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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 3-0)

Status: (Introduced - Dead) 2010-05-17 - ADVANCED TO THIRD READING [S00293 Detail]

Download: New_York-2009-S00293-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          293
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LITTLE -- 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    S 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.
                                                                  LBD00252-01-9
       S. 293                              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    S 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.