The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2167
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. STERN, DURSO -- read once and referred to the
   Committee on Transportation
 
 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.
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02403-01-3

 A. 2167                             2
 
 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
 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:
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   §  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
 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
 A. 2167                             4
 
 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 496 of the laws of 2022, 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 twenty-five miles per hour; except that in the
 city of Long Beach, in the county of Nassau, speed limits may be  estab-
 lished  at  not  less  than fifteen miles per hour on any portion of the
 following highways in such city: Cleveland avenue, Harding avenue, Mitc-
 hell 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.  No speed limits shall  be  established
 pursuant to the provisions of this section except in accordance with the
 engineering considerations and factors for speed limits set forth in the
 manual  and  specifications  for  a  uniform  system  of traffic control
 devices maintained by the commissioner  of  transportation  pursuant  to
 A. 2167                             5
 
 section  sixteen  hundred eighty of this title, as such manual and spec-
 ifications may be amended from time to time,  certified  by  a  licensed
 professional engineer who specializes in traffic operations.
   §  11.  Section  1662-a  of the vehicle and traffic law, as amended by
 chapter 496 of the laws of 2022, 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 twenty-five 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  high-
 ways  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, Sarato-
 ga  Street,  Kensington  Street, and Prescott Street; provided, however,
 that no such speed limit in such town may be established unless a major-
 ity 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  abut-
 ting  on the highway, AND EXCEPT FURTHER THAT SPEED LIMITS MAY BE ESTAB-
 LISHED 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.
 No speed limits shall be established pursuant to the provisions of  this
 section  except  in  accordance  with the engineering considerations and
 factors for speed limits set forth in the manual and specifications  for
 a  uniform  system  of traffic control devices maintained by the commis-
 sioner of transportation pursuant to section sixteen hundred  eighty  of
 this  title,  as such manual and specifications may be amended from time
 A. 2167                             6
 
 to time, certified by a licensed professional engineer  who  specializes
 in traffic operations.
   §  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.