Senate Bill S3048

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3048
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  authorizing
   an increase in the maximum speed limit for travel on certain roadways
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1180-a of the vehicle and traffic law,  as  amended
 by chapter 464 of the laws of 2003, is amended to read as follows:
   § 1180-a. Maximum speed limits. 1. Notwithstanding any other provision
 of  law,  no  city,  village,  town, county, public authority, division,
 office or department of the state shall maintain or create (a) any speed
 limit in excess of fifty-five miles per hour on any road, highway, park-
 way or bridge or (b) any speed limit on any other portion  of  a  public
 highway,  which  is not uniformly applicable to all types of motor vehi-
 cles using such portion of  highway,  if  on  November  first,  nineteen
 hundred  seventy-three,  such portion of highway had a speed limit which
 was uniformly applicable to  all  types  of  motor  vehicles  using  it;
 provided however, a lower speed limit may be established for any vehicle
 operating  under  a special permit because of any weight or dimension of
 such vehicle, including any load  thereon,  and  (c)  provided  further,
 paragraph  (b)  of  this subdivision shall not apply to any portion of a
 highway during such time that the condition of the highway, weather,  an
 accident, or other condition creates a temporary hazard to the safety of
 traffic  on  such portion of a highway. However, the commissioner of the
 department of transportation may establish a maximum speed limit [of not
 more than sixty-five miles per hour] on any state  roadway  which  meets
 department  criteria  for  such  maximum  speed  IN  ACCORDANCE WITH THE
 FOLLOWING GUIDELINES:  (I) SEVENTY-FIVE MILES PER HOUR ON ANY INTERSTATE
 HIGHWAY; (II) SIXTY-FIVE MILES PER HOUR FOR ALL OR PART OF HIGHWAYS THAT
 ARE DESIGNATED BY THE DEPARTMENT, HAVE AT LEAST FOUR LANES  OF  TRAFFIC,
 AND   HAVE   A  SEPARATION  BETWEEN  THE  ROADWAYS  MOVING  IN  OPPOSITE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09142-01-9

 S. 3048                             2
 
 DIRECTIONS; AND (III) FIFTY-FIVE MILES PER HOUR FOR ALL OTHER  HIGHWAYS,
 ROADS, AND STREETS.
   1-A.  ANY  COUNTY,  THROUGH  AN  ORDINANCE OR RESOLUTION PASSED BY ITS
 GOVERNING BODY, MAY ADOPT ORDINANCES SETTING A MAXIMUM  SPEED  LIMIT  ON
 HIGHWAYS,  ROADS,  AND STREETS THAT IS LOWER THAN THE LIMITS ESTABLISHED
 BY THIS SECTION.
   2. Notwithstanding the provisions of paragraphs (a) and (b) of  subdi-
 vision one of this section, upon The Governor Thomas E. Dewey Thruway as
 such  term  is  defined in section three hundred fifty-six of the public
 authorities law, the New York state thruway authority  may  establish  a
 maximum speed limit of not more than [sixty-five] SEVENTY-FIVE miles per
 hour  provided that such maximum allowable speed limit is established in
 accordance with all applicable rules and regulations.
   3. Notwithstanding the provisions of paragraphs (a) and (b) of  subdi-
 vision one of this section, upon (a) the southern tier expressway from a
 point  east  of  the  town  of  Lowman, in the county of Chemung, thence
 generally westerly to the  Pennsylvania  border  and  from  the  Chemung
 interchange  to  New York touring route twenty-six, (b) interstate route
 eighty-one from the Pennsylvania border in Broome county to  the  inter-
 change with New York state touring route twelve in Jefferson county, (c)
 the  Adirondack  northway  portion of interstate route eighty-seven from
 the interchange with Crescent Road in Saratoga county to the province of
 Quebec, (d) interstate route eighty-eight from the interchange with  New
 York  state  touring  route three hundred sixty-nine in Broome county to
 the interchange with interstate route ninety in Schenectady county,  (e)
 interstate  route three hundred ninety, known as the Genesee Expressway,
 from the interchange with the southern tier expressway in Steuben county
 to the interchange with interstate route four hundred ninety  in  Monroe
 county,  (f) interstate route four hundred ninety from interstate ninety
 exit forty-five in Ontario county to the city  of  Rochester  in  Monroe
 county  and from interstate ninety exit forty-seven in Genesee county to
 the city of Rochester  in  Monroe  county,  (g)  interstate  route  five
 hundred  ninety from the interchange with interstate route three hundred
 ninety in Monroe county to the interchange with  interstate  route  four
 hundred  ninety  in  Monroe  county, (h) route seventeen from the inter-
 change with New York touring route  three  hundred  ninety-four  to  the
 Pennsylvania  border,  (i) interstate route four hundred eighty-one from
 the southerly interchange with interstate route eighty-one  in  Onondaga
 county  to the northerly interchange with interstate route eighty-one in
 Onondaga county, (j) New York state touring route four  hundred  eighty-
 one  from  the northerly interchange with interstate route eighty-one in
 Onondaga county to the city of Fulton in Oswego county,  (k)  interstate
 ninety  from  exit  eight, in the county of Rensselaer, thence generally
 easterly to the interchange with the Berkshire section of  The  Governor
 Thomas  E.  Dewey Thruway, (l) interstate route six hundred ninety, from
 the city of Syracuse and town of Geddes border, thence generally wester-
 ly to the interchange with the New York  state  thruway,  (m)  New  York
 state  touring  route  six hundred ninety, from the interchange with the
 New York state thruway, thence generally westerly  to  its  intersection
 with  New  York state touring route forty-eight in the town of Lysander,
 (n) New York state touring  route  six  hundred  ninety-five,  from  the
 interchange  with  interstate route six hundred ninety approximately 2.3
 miles to the interchange with New York state touring route five, (o) New
 York state touring route five from the interchange with New  York  state
 touring  route  six  hundred  ninety-five approximately 5.0 miles to the
 interchange with New York state touring route one  hundred  seventy-four

 S. 3048                             3
 
 in  the town of Camillus, and (p) route five hundred thirty-one from the
 interchange with interstate route four hundred ninety in  Monroe  county
 to  the  interchange  with  route  thirty-six  in Monroe county, and (q)
 United  States  route  two  hundred  nineteen, from the interchange with
 Armor Duelles Road in the town of Orchard Park, thence generally  south-
 erly  to  the  interchange  with New York state route thirty-nine in the
 town of Concord, the commissioner of the  department  of  transportation
 may establish a maximum speed limit of not more than [sixty-five] SEVEN-
 TY-FIVE  miles per hour provided that such maximum allowable speed limit
 is established in accordance with all applicable rules and regulations.
   § 2. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.