senate Bill S6393

Authorizes the department of environmental conservation to establish certain speed limits

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Bill Status


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

  • 21 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 18 / Mar / 2014
    • 1ST REPORT CAL.297
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 21 / May / 2014
    • PASSED SENATE
  • 21 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2014
    • REFERRED TO TRANSPORTATION

Summary

Authorizes the department of environmental conservation to establish certain speed limits.

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Bill Details

See Assembly Version of this Bill:
A1701
Versions:
S6393
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1630, V & T L
Versions Introduced in Previous Legislative Cycles:
2013-2014: S736
2011-2012: S7644, A10673

Sponsor Memo

BILL NUMBER:S6393

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to authorizing the department of environmental conservation
to establish certain speed limits

PURPOSE:

Authorizes the Department of Environmental Conservation to establish
certain speed limits.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 5 of section 1630 of the vehicle and
traffic law to allow the department of environmental conservation to
establish certain speed limits.

Section 2. Effective date.

EXISTING LAW:

Currently the office of parks, recreation and historic preservation,
department of agriculture and markets, and the industrial exhibit
authority have the explicit authority to set speed limits below 25
mph.

JUSTIFICATION:

The Department of Environmental Conservation manages millions of acres
of public lands primarily intended for recreational access and
enjoyment, including 52 campgrounds in the Adirondack and Catskill
Parks. Those lands are used for hiking, hunting, biking, camping, bird
watching and other enjoyment. To create access to those properties,
the Department also has roads on the property and has established many
regulations to establish safe speed limits to protect pedestrians,
families and others using these properties. However, the Department's
authority to enforce posted speed limits below 25 mph in its
campgrounds was challenged recently. Vehicle & Traffic Law § 1630
authorizes the Department and other agencies to adopt regulations that
"prohibit, restrict or regulate traffic of any highway, property or
facility under its jurisdiction." However, because the Department is
not among the agencies listed in VTL § 1630(5) that have explicit
authority to set speed limits below 25 mph, the County District
Attorney involved in the case declined to prosecute the ticket. This
bill would make explicit the Department's authority to set speed
limits below 25 mph.

LEGISLATIVE HISTORY:

2012: Passed the Senate (S.7644/A.10673)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.

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

                                  6393

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. GRISANTI -- 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  authorizing
  the  department  of  environmental  conservation  to establish certain
  speed limits

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

  Section  1.  Subdivision  5 of section 1630 of the vehicle and traffic
law, as amended by chapter 563 of the laws of 2002, is amended  to  read
as follows:
  5. Establishment of maximum and minimum speed limits at which vehicles
may proceed on or along such highways. 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 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, and except that, with respect to  bridge
and  elevated  structures  that  are a part of any such highway, a lower
maximum speed limit may be established if it  is  determined  that  such
lower  maximum speed limit is the maximum speed limit which may be main-
tained without structural damage to such bridge or structure, and except
that, with respect to any highway under the jurisdiction of  the  office
of  parks, recreation and historic preservation, other than a parkway as
defined in subdivision seventeen of section 1.03 of  the  parks,  recre-
ation  and  historic preservation law, the department of agriculture and
markets, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, or the industrial
exhibit authority, a maximum speed limit of not less than ten miles  per
hour may be established on any portion thereof, if it is determined that
such  lower maximum speed limit is necessary to assure the safety of the
public, and except that, with respect to any highway having toll plazas,
a maximum speed limit of not less than five miles per hour may be estab-
lished for passage through such toll plazas.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01482-01-3

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