S T A T E O F N E W Y O R K
________________________________________________________________________
1622
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. TEDISCO, CALHOUN -- Multi-Sponsored by -- M. of
A. KOLB, J. MILLER -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to speed limits
on state highways
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. SUCH MAXIMUM SPEED LIMIT MAY BE
ESTABLISHED PURSUANT TO AN ENGINEERING AND/OR TRAFFIC INVESTIGATION
AUTHORIZED OR PERFORMED BY THE DEPARTMENT OF TRANSPORTATION OR THE MUNI-
CIPALITY WITHIN WHICH THE SECTION OF STATE HIGHWAY SUBJECT TO SUCH MAXI-
MUM SPEED LIMIT IS LOCATED. No such maximum speed limit shall be estab-
lished 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. Absence of signs installed pursuant to this section
shall be presumptive evidence that the department of transportation has
not established a higher maximum speed limit than the fifty-five miles
per hour statutory limit.
S 2. Subdivision (a) of section 1624 of the vehicle and traffic law,
as amended by chapter 420 of the laws of 1968, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01474-01-1
A. 1622 2
(a) On any state highway maintained by the state within any city,
village or suburban town governed pursuant to article three-A of the
town law, the department of transportation may designate any such state
highway or section of such highway on which any such city, village or
suburban town shall not by local law, ordinance, order, rule or regu-
lation establish any maximum speed limits at which vehicles may proceed
on or along such state highway. Such designation shall be PURSUANT TO
AN ENGINEERING AND/OR TRAFFIC INVESTIGATION AUTHORIZED OR PERFORMED BY
THE DEPARTMENT OF TRANSPORTATION OR THE CITY, VILLAGE OR SUBURBAN TOWN
WITHIN WHICH SUCH STATE HIGHWAY OR SECTION OF STATE HIGHWAY IS LOCATED
AND SHALL BE made by an order in writing of [the] SUCH department [of
transportation] and served by mail on the mayor or supervisor or a
member of the governing board of such city, village or suburban town ten
days before the same shall take effect. At the expiration of ten days
after service of such order upon any city, village or suburban town the
speed of any vehicle upon such state highway or section of such highway
shall not be subject to any such maximum speed limit established by such
city, village or suburban town.
S 3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.