senate Bill S547

Provides that the town board of certain towns may establish maximum speed limits on certain town highways

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 10 / May / 2011
    • 1ST REPORT CAL.600
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 30 / Jan / 2012
    • 1ST REPORT CAL.136
  • 31 / Jan / 2012
    • 2ND REPORT CAL.
  • 06 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 07 / Feb / 2012
    • PASSED SENATE
  • 07 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 07 / Feb / 2012
    • REFERRED TO TRANSPORTATION

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3481
Versions:
S547
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1622, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S293, A11086, A3587
2007-2008: A6260A

Sponsor Memo

BILL NUMBER:S547

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to establishing speed
limits in towns

PURPOSE:
To permit towns to set speed limits on all local roads under their
jurisdiction.

SUMMARY OF PROVISIONS:
This bill would amend section 1622 of the Vehicle and Traffic Law to
authorize towns to establish maximum speed limits on all town
highways that are functionally classified as "local roads," within
limits and standards set forth in the bill. The bill would require
towns electing to set maximum speed limits to do so on all local
roads under their jurisdiction in accordance with engineering
specifications and other factors applicable to speed limits, set
forth in the New York State manual and specifications for a uniform
system of traffic control devices, certified by a licensed
professional engineer specializing in traffic operations. For towns
which do not opt to set speed limits, the bill would retain the State
Department of Transportation's jurisdiction to set maximum speed
limits on all such roads, at the request of the applicable town board.

EXISTING LAW:
Under Current law, towns with 50,000 in population (approximately 24
towns), suburban class towns (approximately 56 towns), and all cities
and villages (without regard to population) are authorized to set
speed limits within their jurisdiction.

JUSTIFICATION:
This legislation will allow the remaining towns (approximately 852
towns),who are currently prohibited from addressing speed limit issues
in their jurisdiction without petitioning the State Department of
Transportation, to set speed limits within their jurisdiction.
Petitioning the Department of transportation is a long arduous
process and often results with a denial.

This arbitrary distinction does not make sense. Many of the villages
that are setting their own speed limits are smaller in population
then tile towns that seek comparable authority to set their own speed
limits. And, as the population of many towns increases, the need to
address road safety through speed limits in a timely fashion also
increases. This bill would remedy tile inequitable situation and
allow town governments to set speed limits in order to ensure public
safety.

LEGISLATIVE HISTORY:
2010: S.293 Advanced to Third Reading; A.11086 Transportation
2009: S.293 Referred to Transportation; A.11086 Transportation
2008: S.1137-A 3rd Reading; A.6260-A Transportation
2007: S.1137 Passed Senate; A.6260 Codes
2006: S.723-A Transportation; A.2822-A Codes


2005: S.723 Rules; A.2822 Transportation
2003-04: S.3931 Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one huodred eightieth day after it
shall bave become law;
provided, however, that effective immediately, the department of
transportation is authorized and directed to promulgate such rules and
regulations as are necessary for the implementation of this
act on its effective date.

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

                                   547

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section  1. Section 1622 of the vehicle and traffic law, as amended by
chapter 420 of the laws of 1968, subdivision 1 as amended by chapter 563
of the laws of 2002, subdivision 2 as amended by chapter 83 of the  laws
of 1969, is amended to read as follows:
  S 1622. Speed  limits  on  county  roads  and  town highways.   1. The
department of transportation upon the request of the county  superinten-
dent  of  highways  of  a county and the town board of the town or towns
affected with respect to county roads and town highways in such town  or
towns outside of cities or villages, may by order, rule or regulation:
  [1.]  (A) Establish maximum speed limits at which vehicles may proceed
on or along such highways higher or lower than the fifty-five miles  per
hour  statutory  maximum speed limit. No such 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  not  to  exceed  one  thousand three hundred twenty feet, on a
highway passing a school building, entrance or exit of a school abutting
on the highway.
  [2.] (B) Establish maximum speed limits at which vehicles may  proceed
on  or  along  all such highways lying within an area or areas as desig-
nated by a description of the boundaries of such area or areas submitted
by the county superintendent of highways of a county and the town  board
of the town or towns affected lower than fifty-five miles per hour stat-
utory  maximum  speed  limit. No such limit shall be established at less
than thirty miles per hour.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02060-01-1

S. 547                              2

  2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, IN LIEU OF MAKING A REQUEST OF THE DEPARTMENT OF TRANSPORTATION
PURSUANT  TO  SUCH SUBDIVISION, THE TOWN BOARD OF ANY TOWN, EXCLUSIVE OF
SUBURBAN TOWNS AND TOWNS HAVING A POPULATION EXCEEDING  FIFTY  THOUSAND,
WITH RESPECT TO TOWN HIGHWAYS WHICH HAVE BEEN FUNCTIONALLY CLASSIFIED BY
THE  DEPARTMENT  OF TRANSPORTATION AS LOCAL ROADS ON OFFICIAL FUNCTIONAL
CLASSIFICATION MAPS  APPROVED  BY  THE  FEDERAL  HIGHWAY  ADMINISTRATION
PURSUANT TO PART 470.105 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS,
AS  AMENDED  FROM  TIME  TO  TIME,  AND  WHICH ARE OUTSIDE OF CITIES AND
VILLAGES, MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION:
  (I) ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY PROCEED ON OR
ALONG SUCH HIGHWAYS LOWER THAN THE FIFTY-FIVE MILES PER  HOUR  STATUTORY
MAXIMUM  SPEED  LIMIT.  NO  SUCH 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 NOT
TO EXCEED ONE THOUSAND THREE HUNDRED TWENTY FEET, ON A HIGHWAY PASSING A
SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
  (II) ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY  PROCEED  ON
OR  ALONG ALL SUCH HIGHWAYS LYING WITHIN AN AREA OR AREAS LOWER THAN THE
FIFTY-FIVE MILES PER HOUR STATUTORY MAXIMUM SPEED LIMIT. NO  SUCH  LIMIT
SHALL BE ESTABLISHED AT LESS THAN THIRTY MILES PER HOUR.
  (B)  NO  SUCH  SPEED  LIMITS SHALL BE ESTABLISHED EXCEPT IN ACCORDANCE
WITH THE ENGINEERING CONSIDERATIONS AND FACTORS  FOR  SPEED  LIMITS  SET
FORTH  IN  THE  NEW  YORK  STATE MANUAL AND SPECIFICATIONS FOR A UNIFORM
SYSTEM OF TRAFFIC CONTROL DEVICES AS SUCH MANUAL AND SPECIFICATIONS  MAY
BE AMENDED FROM TIME TO TIME, CERTIFIED BY A LICENSED PROFESSIONAL ENGI-
NEER WHO SPECIALIZES IN TRAFFIC OPERATIONS.
  (C)  FOR THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE MANUAL
AND SPECIFICATIONS FOR A UNIFORM  SYSTEM  OF  TRAFFIC  CONTROL  DEVICES"
SHALL  MEAN  THE  NATIONAL  MANUAL  OF  UNIFORM  TRAFFIC CONTROL DEVICES
PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION  PURSUANT  TO  SUBPART
(F)  OF  PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS AND THE
NEW YORK STATE SUPPLEMENT ADOPTED BY THE COMMISSIONER OF  TRANSPORTATION
PURSUANT  TO  SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE, AND THE TERM
"TOWN HIGHWAYS" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED  BY
SUBDIVISION FIVE OF SECTION THREE OF THE HIGHWAY LAW.
  (D) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER THE
AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH MAXIMUM SPEED
LIMITS  AT THE REQUEST OF A TOWN BOARD WITH RESPECT TO ALL TOWN HIGHWAYS
WITHIN SUCH TOWN OUTSIDE OF CITIES AND VILLAGES PURSUANT TO  SUBDIVISION
ONE  OF  THIS  SECTION,  PROVIDED THAT NO MAXIMUM SPEED LIMITS HAVE BEEN
ESTABLISHED BY SUCH TOWN BOARD PURSUANT TO THIS SUBDIVISION ON ANY  TOWN
HIGHWAY FUNCTIONALLY CLASSIFIED AS A LOCAL ROAD WITHIN SUCH TOWN.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  department  of  transportation  is  authorized and directed to
promulgate such rules and regulations as are necessary for the implemen-
tation of this act on its effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.