The New York State Senate

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

                                 1761--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sens. BROOKS, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06852-02-0

S. 1761--A                          2

  §  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
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

S. 1761--A                          3

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
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

S. 1761--A                          4

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
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

S. 1761--A                          5

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
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

S. 1761--A                          6

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.