Bill Text: NY A01321 | 2021-2022 | 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: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced) 2021-01-08 - referred to transportation [A01321 Detail]

Download: New_York-2021-A01321-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1321

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 8, 2021
                                       ___________

        Introduced  by  M.  of  A.  JONES,  LUPARDO,  COOK,  GUNTHER,  ABINANTI,
          J. RIVERA, MORINELLO, BRABENEC, BLANKENBUSH, GALEF --  Multi-Sponsored
          by  --  M.  of A. THIELE -- read once and referred 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05453-01-1

        A. 1321                             2

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