S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    389
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  LITTLE,  AKSHAR,  LARKIN, RITCHIE, SEWARD -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee 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:
   § 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.
              

                                                            LBD00286-01-7

 S. 389                              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.
   § 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.