Bill Text: NY S04605 | 2017-2018 | 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 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S04605 Detail]

Download: New_York-2017-S04605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4605
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 21, 2017
                                       ___________
        Introduced  by  Sen. TEDISCO -- 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 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    §  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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06359-01-7
        S. 4605                             2
     1    (a)  On  any  state  highway  maintained by the state within any city,
     2  village or suburban town governed pursuant to  article  three-A  of  the
     3  town  law, the department of transportation may designate any such state
     4  highway or section of such highway on which any such  city,  village  or
     5  suburban  town  shall  not by local law, ordinance, order, rule or regu-
     6  lation establish any maximum speed limits at which vehicles may  proceed
     7  on  or  along such state highway.  Such designation shall be pursuant to
     8  an engineering and/or traffic investigation authorized or  performed  by
     9  the  department  of transportation or the city, village or suburban town
    10  within which such state highway or section of state highway  is  located
    11  and  shall  be  made by an order in writing of [the] such department [of
    12  transportation] and served by mail on  the  mayor  or  supervisor  or  a
    13  member of the governing board of such city, village or suburban town ten
    14  days  before  the same shall take effect.  At the expiration of ten days
    15  after service of such order upon any city, village or suburban town  the
    16  speed  of any vehicle upon such state highway or section of such highway
    17  shall not be subject to any such maximum speed limit established by such
    18  city, village or suburban town.
    19    § 3. This act shall take effect on the first of October next  succeed-
    20  ing the date on which it shall have become a law.