The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1391--A
     Cal. No. 762
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by Sens. BROOKS, ADDABBO, GAUGHRAN, KAPLAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation  --  reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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, NOT TO EXCEED
 SIX  HUNDRED SIXTY FEET ON A HIGHWAY PASSING OR ABUTTING ANY FACILITY OR
 PARKING AREA WHERE FIRE VEHICLES, POLICE VEHICLES, AMBULANCES, OR  EMER-
 GENCY AMBULANCE SERVICE VEHICLES ARE STATIONED, FOR USE IN RESPONDING TO
 EMERGENCIES.  FIRST  RESPONDER ZONES SHALL BE PROTECTED, MARKED OR INDI-
 CATED 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.
                                                            LBD03530-02-1

 S. 1391--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. 1391--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. 1391--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. 1391--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. 1391--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.