Assembly Bill A1783

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

                                  1783

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  estab-
  lishment  of speed limits on county roads and town highways in certain
  cases and to repeal section 1622 of such law relating thereto

  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 Section 1622 of the vehicle and traffic law is REPEALED.
  S  2.  The  vehicle and traffic law is amended by adding a new section
1651-a  to read as follows:
  S 1651-A.  SPEED LIMITS ON COUNTY ROADS IN CERTAIN CASES.  THE  COUNTY
LEGISLATURE  UPON  THE  REQUEST OF   THE TOWN BOARD OF THE TOWN OR TOWNS
AFFECTED WITH RESPECT TO COUNTY ROADS IN SUCH TOWN OR TOWNS  OUTSIDE  OF
CITIES OR VILLAGES, MAY BY LOCAL LAW:
  1.  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 ON ANY PORTION OF  A
HIGHWAY  PASSING  A SCHOOL BUILDING FOR NOT MORE THAN THREE HUNDRED FEET
IN EITHER DIRECTION FROM THE BUILDING LINE OF A SCHOOL ABUTTING  ON  THE
HIGHWAY.
  2.  ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY PROCEED ON OR
ALONG ALL SUCH HIGHWAYS LYING WITHIN AN AREA OR AREAS AS DESIGNATED BY A
DESCRIPTION  OF  THE  BOUNDARIES  OF SUCH AREA OR AREAS SUBMITTED BY THE
TOWN BOARD OF THE TOWN OR TOWNS AFFECTED LOWER THAN FIFTY-FIVE MILES PER
HOUR STATUTORY MAXIMUM SPEED LIMIT.  NO SUCH LIMIT SHALL BE  ESTABLISHED
AT LESS THAN THIRTY MILES PER HOUR.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1660-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02222-01-9

              

A. 1783                             2

  S 1660-B.  SPEED LIMITS ON TOWN HIGHWAYS. THE TOWN BOARD OF  ANY  TOWN
AFFECTED WITH RESPECT TO TOWN HIGHWAYS IN SUCH TOWN OUTSIDE OF CITIES OR
VILLAGES, MAY BY LOCAL LAW:
  1.  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 ON ANY PORTION OF  A
HIGHWAY  PASSING  A SCHOOL BUILDING FOR NOT MORE THAN THREE HUNDRED FEET
IN EITHER DIRECTION FROM THE BUILDING LINE OF A SCHOOL ABUTTING  ON  THE
HIGHWAY.
  2.  ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY PROCEED ON OR
ALONG ALL SUCH HIGHWAYS LYING WITHIN AN AREA OR AREAS AS DESIGNATED BY A
DESCRIPTION OF THE BOUNDARIES OF SUCH AREA OR AREAS  AFFECTED LOWER THAN
FIFTY-FIVE  MILES PER HOUR STATUTORY MAXIMUM SPEED LIMIT.  NO SUCH LIMIT
SHALL BE ESTABLISHED AT LESS THAN THIRTY MILES PER HOUR.
  S 4. Subdivisions (c) and (d) of section 1180 of the vehicle and traf-
fic law, subdivision (c) as amended by chapter 563 of the laws  of  2002
and  subdivision  (d) as amended by chapter 432 of the laws of 1997, are
amended to read as follows:
  (c) Except as provided in subdivision (g) of  this  section,  whenever
maximum  school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen  hundred  twenty,  [sixteen
hundred twenty-two,] sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a OF THIS CHAPTER, no person shall drive in
excess of such maximum school speed limits during:
  (1)  school  days  at  times  indicated on the school zone speed limit
sign, provided, however, that such times shall be between the  hours  of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
  (2)  a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in  effect  when  such  beacons  are
flashing,  provided,  however, that such beacons shall only flash during
student activities at the school and up to  thirty  minutes  immediately
before  and  up  to thirty minutes immediately after such student activ-
ities.
  (d) 1.  Except as provided in subdivision (g) of this section, whenev-
er maximum speed limits, other  than  school  speed  limits,  have  been
established  as  authorized in sections sixteen hundred twenty, [sixteen
hundred twenty-two,] sixteen hundred twenty-three, sixteen hundred twen-
ty-seven, sixteen hundred thirty, sixteen hundred  forty-three,  sixteen
hundred  forty-four, SIXTEEN HUNDRED FIFTY-ONE-A, sixteen hundred fifty-
two, SIXTEEN  HUNDRED  SIXTY-B,  sixteen  hundred  sixty-two-a,  sixteen
hundred  sixty-three,  and  sixteen  hundred seventy OF THIS CHAPTER, no
person shall drive in excess of such maximum speed limits at any time.
  2. Except as provided in subdivision (g)  of  this  section,  whenever
maximum  speed  limits, other than school speed limits, have been estab-
lished with respect to any restricted highway as authorized  in  section
sixteen  hundred  twenty-five  OF THIS CHAPTER, no person shall drive in
excess of such maximum speed limits at any time.
  S 5. Subdivision (d) of section 1681 of the vehicle and  traffic  law,
as  amended  by  chapter  420 of the laws of 1968, is amended to read as
follows:
  (d)  Signs posting speed limits established on county roads  and  town
highways  [as provided for in subdivision one of section sixteen hundred

A. 1783                             3

twenty-two,] and traffic-control devices posting traffic regulations  on
the  grounds  of  state  departments  and  certain state institutions as
provided for  in  sections  sixteen  hundred  twenty-three  and  sixteen
hundred  twenty-seven  OF  THIS  TITLE  shall be provided, installed and
maintained at their own expense by the  county,  town,  state  or  state
institution  respectively.    Signs posting speed limits [established as
provided for in subdivision two of section sixteen  hundred  twenty-two]
shall  be  provided,  installed and maintained at its own expense by the
town.
  S 6. All speed limits in effect for county roads and town highways  or
portions thereof established pursuant to law prior to the effective date
of this act shall be and remain in full force and effect until expressly
altered  or  otherwise  established  pursuant to law after the effective
date of this act.
  S 7. This act shall take effect immediately.