Senate Bill S5045

                                BILL NUMBER:S5045

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the installation of traffic control devices upon request
in cities

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Vehicle and Traffic Law by adding a
new section 1682-a that will require the following:

* Section 1(a) sets forth definitions for "elected official",
"community board" and "traffic control agency"

* Section 2 mandates that upon written request from an elected
official or community board for installation of a traffic control
device on a specific public highway, a traffic control agency must a)
conduct an engineering study on the viability of the requested
installation and (b) if supported by the study, then the device must
be installed and (c) if the study does not support the installation
then the agency must provide a copy of the study to the requesting
party and provide a summary of the study laying out the reasons why
the agency believes the study shows the installation is inappropriate

* Section 3 allows the elected official or community board to resubmit
their request in writing within 6 months by including documentation
              

refuting the findings of the previous engineering study or laying out
changes in conditions which would materially change the outcome of a
new engineering study. This section also allows the elected official
or community board to resubmit their request in writing within
eighteen months without providing any additional documentation or
proof of change in conditions.

Section 2 of the bill sets forth an effective date of ninety days
after it shall have become a law.

JUSTIFICATION:  Elected officials and community boards have often
requested installation of traffic control devices within their
communities only to be told by the local traffic control agency that
no such device is warranted. There is often little to no rationale
given for such decisions and copies of engineering studies are only
provided following a lengthy and tedious Freedom of Information Law
request.

These types of scenarios are repeated throughout the state and are
often inexplicable given the obvious need for the requested traffic
control devices This legislation will require the local traffic
control agencies to conduct engineering studies upon written request
from elected officials or community boards and to install the
requested device if the study supports such installation. If the study
does not support the installation then the traffic control agency must
substantiate its decision by providing a copy of the study and a
summary which lays out the reasons why the agency believes the study
shows the installation is inappropriate. The bill also allows the
elected official or community board to challenge the agency's decision
by resubmit their request in writing within 6 months by including
documentation refuting the findings of the previous engineering study


or laying out changes in conditions which would materially change the
outcome of a new engineering study or in the alternative the elected
official or community board can simply resubmit their request in
writing within eighteen months without providing any additional
documentation or proof of change in conditions

This legislation will provide much needed transparency to the local
traffic control agency's determination process for the placement of
traffic control devices and create a necessary and timely mechanism
for elected officials and community boards to challenge the agency's
decisions if they can provide documentation that those decisions are
in error.

LEGISLATIVE HISTORY:  New Bill

FISCAL IMPLICATIONS: Yet to be determined.

EFFECTIVE DATE:  This act shall take effect on the one hundred
ninetieth day after is shall have become a law.