Assembly Bill A11086

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

                                  11086

                          I N  A S S E M B L Y

                              May 13, 2010
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee 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.
  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,

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

                                                           LBD00252-01-9

A. 11086                            2

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.