Assembly Bill A10750

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10750
 
                           I N  A S S E M B L Y
 
                               July 9, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Stern, Grif-
   fin,  DeStefano)  -- read once and referred to the Committee on Trans-
   portation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   first responder safety zones and speed limits in such safety zones
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 141-c to read as follows:
   § 141-C. FIRST RESPONDER SAFETY ZONE. THE AREA OR SPACE OFFICIALLY SET
 APART WITHIN A ROADWAY ADJACENT TO ANY FACILITY OR  PARKING  AREA  WHERE
 FIRE  VEHICLES,  POLICE  VEHICLES,  AMBULANCES,  OR  EMERGENCY AMBULANCE
 SERVICE VEHICLES ARE STATIONED FOR USE IN RESPONDING TO EMERGENCIES, AND
 WHICH IS PROTECTED, MARKED OR INDICATED BY LINES OR  OTHER  MARKINGS  ON
 THE  SURFACE AND BY ADEQUATE SIGNS AS TO BE PLAINLY VISIBLE AT ALL TIMES
 WHILE SET APART AS A SAFETY ZONE.
   § 2. Section 1144-a of the vehicle  and  traffic  law  is  amended  by
 adding a new subdivision (d) to read as follows:
   (D)  DURING  AN  ACTIVE  EMERGENCY,  EVERY OPERATOR OF A MOTOR VEHICLE
 SHALL YIELD THE RIGHT OF WAY TO ANY FIRE VEHICLE, POLICE VEHICLE,  AMBU-
 LANCE,  OR  EMERGENCY  AMBULANCE  SERVICE VEHICLE DISPLAYING ONE OR MORE
 RED, WHITE, BLUE OR GREEN LIGHTS PURSUANT TO THE PROVISIONS OF  SUBDIVI-
 SION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER AND
 TRAVELING  WITHIN  OR  ENTERING  A  FIRST RESPONDER SAFETY ZONE. A FIRST
 VIOLATION OF THIS PROVISION SHALL BE PUNISHABLE BY A FINE  OF  NOT  MORE
 THAN FIVE HUNDRED DOLLARS. A SECOND VIOLATION OF THIS PROVISION SHALL BE
 PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   §  3.  The  section heading and subdivision (a) of section 1151 of the
 vehicle and traffic law, subdivision (a) as amended by  chapter  159  of
 the laws of 2002, are amended to read as follows:
   Pedestrians'  right  of  way  in crosswalks AND FIRST RESPONDER SAFETY
 ZONE.  (a) When traffic-control signals are not in place or not in oper-
 ation the driver of a vehicle shall yield the right of way, slowing down
 or stopping if need be to so yield, to a pedestrian crossing the roadway
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06852-03-0

 A. 10750                            2
 
 within a crosswalk OR FIRST RESPONDER SAFETY ZONE on  the  roadway  upon
 which  the  vehicle  is traveling, except that any pedestrian crossing a
 roadway at a point where  a  pedestrian  tunnel  or  overpass  has  been
 provided shall yield the right of way to all vehicles.
   §  4.  Subdivision  (d)  and paragraph 4 of subdivision (h) of section
 1180 of the vehicle and traffic law, subdivision (d) as amended by chap-
 ter 432 of the laws of 1997, and  paragraph  4  of  subdivision  (h)  as
 amended  by  section  7 of part C of chapter 62 of the laws of 2003, are
 amended and a new subdivision (c-1) is added to read as follows:
   (C-1) EXCEPT AS PROVIDED IN SUBDIVISION (G) OF THIS SECTION,  WHENEVER
 MAXIMUM  FIRST  RESPONDER  ZONE  SPEED LIMITS HAVE BEEN ESTABLISHED ON A
 HIGHWAY ADJACENT TO A FIRST RESPONDER  ZONE  AS  AUTHORIZED  IN  SECTION
 SIXTEEN  HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO, SIXTEEN HUNDRED
 THIRTY, SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED  SIXTY-TWO-A,  NO
 PERSON  SHALL  DRIVE A VEHICLE AT A SPEED IN EXCESS OF FIFTEEN MILES PER
 HOUR.
   (d) 1. Except as provided in subdivision (g) of this section, whenever
 maximum speed limits, other than school speed limits OR FIRST  RESPONDER
 SAFETY  ZONE  SPEED  LIMITS,  have  been  established  as  authorized in
 sections sixteen hundred twenty,  sixteen  hundred  twenty-two,  sixteen
 hundred  twenty-three,  sixteen  hundred  twenty-seven,  sixteen hundred
 thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen
 hundred fifty-two, sixteen hundred sixty-two-a, sixteen  hundred  sixty-
 three,  and  sixteen hundred seventy, 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 OR FIRST RESPONDER
 SAFETY ZONE SPEED LIMITS, have been  established  with  respect  to  any
 restricted highway as authorized in section sixteen hundred twenty-five,
 no  person  shall  drive  in  excess of such maximum speed limits at any
 time.
   4. Every person convicted of a violation of subdivision  (c)  of  this
 section  when  such  violation  occurs  in  a school speed zone during a
 school day between the hours of seven o'clock A.M. and six o'clock P.M.,
 OR SUBDIVISION (C-1) OF THIS SECTION WHEN SUCH  VIOLATION  OCCURS  IN  A
 FIRST RESPONDER SPEED ZONE shall be punished as follows:
   (i)  Where the court or tribunal records or enters that the speed upon
 which the conviction was based exceeded the applicable  speed  limit  by
 not  more than ten miles per hour, by a fine of not less than ninety nor
 more than three hundred dollars;
   (ii) Where the court or tribunal records or enters that the speed upon
 which the conviction was based exceeded the applicable  speed  limit  by
 more than ten miles per hour but not more than thirty miles per hour, by
 a  fine  of  not  less than one hundred eighty nor more than six hundred
 dollars or by imprisonment for not more than fifteen  days  or  by  both
 such fine and imprisonment;
   (iii)  Where  the  court  or tribunal records or enters that the speed
 upon which the conviction was based exceeded the applicable speed  limit
 by  more  than  thirty  miles per hour, by a fine of not less than three
 hundred sixty nor more than one thousand  two  hundred  dollars,  or  by
 imprisonment  for  not  more  than thirty days, or by both such fine and
 imprisonment.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1118 to read as follows:
   §  1118.  SIGNS  AND  MARKINGS IN FIRST RESPONDER SAFETY ZONES.  FIRST
 RESPONDER SAFETY ZONES SHALL BE INDICATED WITH SIGNAGE AT  EACH  END  OF

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 SUCH  SAFETY ZONES, ALERTING MOTORISTS TO THE REQUIREMENT THAT THE RIGHT
 OF WAY BE YIELDED TO PEDESTRIANS AND EMERGENCY VEHICLES, AND WITH  WHITE
 HASH  MARKS  PAINTED  ON  THE  ROAD SURFACE BETWEEN THE CURBS OR, IN THE
 ABSENCE  OF  CURBS,  BETWEEN  THE EDGES OF THE TRAVERSABLE ROADWAY. SUCH
 SIGNAGE  SHALL  MEET  DEPARTMENT  OF  TRANSPORTATION  STANDARDS  AND  BE
 INSTALLED  PROPERLY  SO  THAT  THEY  ARE CLEARLY VISIBLE TO MOTORISTS IN
 ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
   § 6. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic  law  is amended by adding a new subparagraph (xviii) to read as
 follows:
   (XVIII) FOR A PERIOD OF ONE YEAR WHERE THE HOLDER IS  CONVICTED  OF  A
 THIRD  OR SUBSEQUENT VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF
 THIS CHAPTER.
   § 7. 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.  No  such  maximum  speed  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 AND FURTHER THAT SPEED  LIMITS  MAY  BE
 ESTABLISHED  AT  NOT LESS THAN FIFTEEN MILES PER HOUR IN FIRST RESPONDER
 SAFETY ZONES. 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.
   §  8. Subdivision 1 of section 1622 of the vehicle and traffic law, as
 amended by chapter 563 of the laws  of  2002,  is  amended  to  read  as
 follows:
   1.  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, AND FURTHER THAT SPEED LIMITS MAY BE ESTABLISHED AT NOT
 LESS THAN FIFTEEN MILES PER HOUR IN FIRST RESPONDER SAFETY ZONES.
   § 9. Subdivision 5 of section 1630 of the vehicle and traffic law,  as
 amended  by  chapter  563  of  the  laws  of 2002, is amended to read as
 follows:
   5. Establishment of maximum and minimum speed limits at which vehicles
 may proceed on or along such highways. No such maximum speed limit shall
 be established at less than twenty-five  miles  per  hour,  EXCEPT  THAT
 SPEED  LIMITS MAY BE ESTABLISHED AT NOT LESS THAN FIFTEEN MILES PER HOUR
 IN FIRST RESPONDER ZONES, AND 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,
 and except that, with respect to bridge and elevated structures that are

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 a  part  of  any such highway, a lower maximum speed limit may be estab-
 lished if it is determined that such lower maximum speed  limit  is  the
 maximum speed limit which may be maintained without structural damage to
 such  bridge  or structure, and except that, with respect to any highway
 under the jurisdiction of the office of parks, recreation  and  historic
 preservation,  other  than a parkway as defined in subdivision seventeen
 of section 1.03 of the parks, recreation and historic preservation  law,
 the  department  of  agriculture  and  markets or the industrial exhibit
 authority, a maximum speed limit of not less than ten miles per hour may
 be established on any portion thereof, if it  is  determined  that  such
 lower  maximum  speed  limit  is  necessary  to assure the safety of the
 public, and except that, with respect to any highway having toll plazas,
 a maximum speed limit of not less than five miles per hour may be estab-
 lished for passage through such toll plazas.
   § 10. Section 1643 of the vehicle and traffic law, as amended by chap-
 ter 412 of the laws of 2012, is amended to read as follows:
   § 1643. Speed limits on highways in cities and villages. The  legisla-
 tive  body  of  any city or village with respect to highways (which term
 for the purposes of this section shall include  private  roads  open  to
 public  motor vehicle traffic) in such city or village, other than state
 highways maintained by the state on which the department of  transporta-
 tion shall have established higher or lower speed limits than the statu-
 tory  fifty-five  miles  per  hour  speed  limit  as provided in section
 sixteen hundred twenty of this title, or  on  which  the  department  of
 transportation shall have designated that such city or village shall not
 establish any maximum speed limit as provided in section sixteen hundred
 twenty-four of this title, subject to the limitations imposed by section
 sixteen  hundred  eighty-four of this title may by local law, ordinance,
 order, rule or regulation establish maximum speed limits at which  vehi-
 cles may proceed within such city or village, within designated areas of
 such city or village or on or along designated highways within such city
 or  village  higher  or lower than the fifty-five miles per hour maximum
 statutory limit. No such speed limit applicable throughout such city  or
 village  or  within  designated  areas  of such city or village shall be
 established at less than thirty miles per hour; except that in the  city
 of  Long Beach, in the county of Nassau, speed limits may be established
 at not less than fifteen miles per hour on any portion of the  following
 highways  in  such  city:  Cleveland  avenue,  Harding  avenue, Mitchell
 avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, Wilson  avenue
 and  Taft  avenue. No such speed limit applicable on or along designated
 highways within such city or village 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,
 AND EXCEPT THAT SPEED LIMITS MAY BE ESTABLISHED AT NOT LESS THAN FIFTEEN
 MILES PER HOUR IN FIRST RESPONDER SAFETY ZONES and  except  that  within
 the  cities  of Buffalo and Rochester speed limits may be established at
 not less than fifteen miles per hour for any portion of a highway within
 a city park.
   § 11. Section 1662-a of the vehicle and traffic  law,  as  amended  by
 chapter 405 of the laws of 2012, is amended to read as follows:
   §  1662-a. Speed limits in certain towns. The town board of any subur-
 ban town governed pursuant to article three-A of the town  law  and  the
 town  board  of any other town having a population exceeding fifty thou-
 sand, with respect to highways (which term  for  the  purposes  of  this

 A. 10750                            5

 section  shall  include private roads open to public motor vehicle traf-
 fic) in such towns outside any village, other than state highways  main-
 tained by the state on which the department of transportation shall have
 established  higher  or lower speed limits than the statutory fifty-five
 miles per hour speed limit as provided in section sixteen hundred twenty
 of this title, or on which the department of transportation  shall  have
 designated  that  such towns shall not establish any maximum speed limit
 as provided in  section  sixteen  hundred  twenty-four  of  this  title,
 subject  to  the  limitations imposed by section sixteen hundred eighty-
 four of this title may by local law, ordinance,  order,  rule  or  regu-
 lation  establish  maximum  speed  limits  at which vehicles may proceed
 within such towns, within designated areas of such towns or on or  along
 designated  highways  within  such towns lower than the fifty-five miles
 per hour  maximum  statutory  limit.  No  such  speed  limit  applicable
 throughout  such towns or within designated areas of such towns shall be
 established at less than thirty miles per hour, except that in the  town
 of  Hempstead  speed  limits may be established at not less than fifteen
 miles per hour on any portion of a highway in  the  community  known  as
 Point Lookout and on all or any portion of the following highways in the
 community  known  as  Lido Beach: Ocean Boulevard, Allevard Street, Bath
 Street, Buxton Street, Cheltenham Street,  Pinehurst  Street,  Harrogate
 Street,  Matlock Street, Nantwick Street, Biarritz Street, Royat Street,
 Luchon Street, Woodhail  Street,  Leamington  Street,  Saratoga  Street,
 Kensington  Street, and Prescott Street; provided, however, that no such
 speed limit in such town may be established unless  a  majority  of  the
 residents  of each such community file a petition with the town board of
 such town requesting such speed limit. No such speed limit applicable on
 or along designated highways within such towns 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,  AND EXCEPT FURTHER THAT SPEED LIMITS MAY BE ESTABLISHED
 AT NOT LESS THAN FIFTEEN MILES PER HOUR IN FIRST RESPONDER SAFETY ZONES,
 and except further that in the town of Hempstead  speed  limits  may  be
 established  at not less than fifteen miles per hour on any portion of a
 highway in the communities  known  as  Point  Lookout  and  Lido  Beach;
 provided,  however,  that no such speed limit in such town may be estab-
 lished unless a majority of the residents of each such community file  a
 petition with the town board of such town requesting such speed limit.
   §  12.  Severability. If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency finally determines  that
 this  act  would  render  New  York  state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 13. This act shall take effect on  the  one  hundred  eightieth  day
 after  it shall have become a law, and shall apply to violations commit-
 ted on and after such date.