Bill Text: NY A10280 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that the maximum speed limit on state highways may be established pursuant to an engineering and/or traffic investigation authorized or performed by the department of transportation or the municipality within which the section of state highway subject to such speed limit is located.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-03-16 - referred to transportation [A10280 Detail]

Download: New_York-2009-A10280-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10280
                                 I N  A S S E M B L Y
                                    March 16, 2010
                                      ___________
       Introduced  by  M. of A. TEDISCO, CALHOUN -- Multi-Sponsored by -- M. of
         A. BACALLES, KOLB, J. MILLER -- read once and referred to the  Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to speed limits
         on state highways
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (a) of section 1620 of the vehicle and  traffic
    2  law,  as  amended by chapter 563 of the laws of 2002, is amended to read
    3  as follows:
    4    (a) The department of transportation with respect  to  state  highways
    5  maintained  by the state outside of cities having a population in excess
    6  of one million, and highways on Indian reservations, may by order,  rule
    7  or  regulation  establish  higher or lower maximum speed limits at which
    8  vehicles may proceed on or along such highways than the fifty-five miles
    9  per hour statutory maximum speed limit.  SUCH MAXIMUM SPEED LIMIT MAY BE
   10  ESTABLISHED PURSUANT TO  AN  ENGINEERING  AND/OR  TRAFFIC  INVESTIGATION
   11  AUTHORIZED OR PERFORMED BY THE DEPARTMENT OF TRANSPORTATION OR THE MUNI-
   12  CIPALITY WITHIN WHICH THE SECTION OF STATE HIGHWAY SUBJECT TO SUCH MAXI-
   13  MUM  SPEED LIMIT IS LOCATED. No such maximum speed limit shall be estab-
   14  lished at less than twenty-five miles per hour, except that school speed
   15  limits may be established at not less than fifteen miles per hour, for a
   16  distance not to exceed one thousand three  hundred  twenty  feet,  on  a
   17  highway passing a school building, entrance or exit of a school abutting
   18  on  the  highway.  Absence  of  signs installed pursuant to this section
   19  shall be presumptive evidence that the department of transportation  has
   20  not  established  a higher maximum speed limit than the fifty-five miles
   21  per hour statutory limit.
   22    S 2. Subdivision (a) of section 1624 of the vehicle and  traffic  law,
   23  as  amended  by  chapter  420 of the laws of 1968, is amended to read as
   24  follows:
   25    (a) On any state highway maintained by  the  state  within  any  city,
   26  village  or  suburban  town  governed pursuant to article three-A of the
   27  town law, the department of transportation may designate any such  state
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15835-01-0
       A. 10280                            2
    1  highway  or  section  of such highway on which any such city, village or
    2  suburban town shall not by local law, ordinance, order,  rule  or  regu-
    3  lation  establish any maximum speed limits at which vehicles may proceed
    4  on  or  along such state highway.  Such designation shall be PURSUANT TO
    5  AN ENGINEERING AND/OR TRAFFIC INVESTIGATION AUTHORIZED OR  PERFORMED  BY
    6  THE  DEPARTMENT  OF TRANSPORTATION OR THE CITY, VILLAGE OR SUBURBAN TOWN
    7  WITHIN WHICH SUCH STATE HIGHWAY OR SECTION OF STATE HIGHWAY  IS  LOCATED
    8  AND  SHALL  BE  made by an order in writing of [the] SUCH department [of
    9  transportation] and served by mail on  the  mayor  or  supervisor  or  a
   10  member of the governing board of such city, village or suburban town ten
   11  days  before  the same shall take effect.  At the expiration of ten days
   12  after service of such order upon any city, village or suburban town  the
   13  speed  of any vehicle upon such state highway or section of such highway
   14  shall not be subject to any such maximum speed limit established by such
   15  city, village or suburban town.
   16    S 3. This act shall take effect on the first of October next  succeed-
   17  ing the date on which it shall have become a law.