S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   910

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 highways passing a school building

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision (a) of section 1620 of the vehicle and traffic
law,  as  amended by chapter 563 of the laws of 2002, is amended to read
as follows:
  (a) The department of transportation with respect  to  state  highways
maintained  by the state outside of cities having a population in excess
of one million, and highways on Indian reservations, may by order,  rule
or  regulation  establish  higher or lower maximum speed limits at which
vehicles may proceed on or along such highways than the fifty-five miles
per hour statutory maximum speed limit.  No  such  maximum  speed  limit
shall  be  established  at  less than twenty-five miles per hour, except
that school speed limits may be established at  not  less  than  fifteen
miles  per  hour,  for  a  distance OF not [to exceed one thousand three
hundred twenty feet,] MORE THAN SIX HUNDRED FEET PLUS THE WIDTH  OF  THE
SCHOOL  BUILDING on a highway passing [a school] SUCH building, entrance
or exit of a school abutting on the highway. Absence of signs  installed
pursuant  to this section shall be presumptive evidence that the depart-
ment of transportation has not established a higher maximum speed  limit
than the fifty-five miles per hour statutory limit.
  S  2.  Section  1662-a  of  the vehicle and traffic law, as amended by
chapter 563 of the laws of 2002, is amended to read as follows:
  S 1662-a. Speed limits in certain towns. The town board of any  subur-
ban  town  governed  pursuant to article three-A of the town law and the
town board of any other town having a population exceeding  fifty  thou-
sand,  with  respect  to  highways  (which term for the purposes of this
section shall include private roads open to public motor  vehicle  traf-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06434-01-9
              

S. 910                              2

fic)  in such towns outside any village, other than state highways main-
tained by the state on which the department of transportation shall have
established higher or lower speed limits than the  statutory  fifty-five
miles per hour speed limit as provided in section sixteen hundred twenty
OF  THIS  TITLE, or on which the department of transportation shall have
designated that such towns shall not establish any maximum  speed  limit
as  provided  in  section  sixteen  hundred  twenty-four  OF THIS TITLE,
subject to the limitations imposed by section  sixteen  hundred  eighty-
four  OF  THIS  TITLE  may by local law, ordinance, order, rule or regu-
lation establish maximum speed limits  at  which  vehicles  may  proceed
within  such towns, within designated areas of such towns or on or along
designated highways within such towns lower than  the  fifty-five  miles
per  hour  maximum  statutory  limit.  No  such  speed  limit applicable
throughout such towns or within designated areas of such towns shall  be
established  at less than thirty miles per hour, except that in the town
of Hempstead speed limits may be established at not  less  than  fifteen
miles  per  hour  on  any portion of a highway in the community known as
Point Lookout; provided, however, that no such speed limit in such  town
may  be established unless a majority of the residents of such community
file a petition with the town board of such town requesting  such  speed
limit.  No  such  speed limit applicable on or along designated highways
within such towns shall be established at less  than  twenty-five  miles
per hour, except that school speed limits may be established at not less
than  fifteen miles per hour, for a distance OF not [to exceed one thou-
sand three hundred twenty feet,] MORE THAN SIX  HUNDRED  FEET  PLUS  THE
WIDTH OF THE SCHOOL BUILDING on a highway passing [a school] SUCH build-
ing,  entrance  or  exit of a school abutting on the highway, and except
further that in the town of Hempstead speed limits may be established at
not less than fifteen miles per hour on any portion of a highway in  the
community  known as Point Lookout; provided, however, that no such speed
limit in such town may be established unless a majority of the residents
of such community file a petition with  the  town  board  of  such  town
requesting such speed limit.
  S 3.  This act shall take effect immediately.