senate Bill S1356

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2014 referred to transportation
delivered to assembly
passed senate
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.291
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Mar 13, 2013 referred to transportation
delivered to assembly
passed senate
Mar 07, 2013 advanced to third reading
Mar 06, 2013 2nd report cal.
Mar 05, 2013 1st report cal.160
Jan 09, 2013 referred to transportation

Votes

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Mar 18, 2014 - Transportation committee Vote

S1356
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Mar 5, 2013 - Transportation committee Vote

S1356
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

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S1356 - Bill Details

See Assembly Version of this Bill:
A6089
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1622, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S547, A3481
2009-2010: S293, A11086, A3587

S1356 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1356

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

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

SUMMARY OF PROVISIONS:

Section 1- Amends 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.

Section 2- Contains the effective date.

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:
2011: S. 547 Passed Senate; A. 3481 Transportation
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 hundred
eightieth day after it shall have become a 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.

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

                                  1356

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. LITTLE, LARKIN, NOZZOLIO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01136-01-3

S. 1356                             2

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,
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.

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