S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9495
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to speed limits
   along state highways
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 "local control for speed limits."
   § 2.  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.   1. The
 legislative 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 trans-
 portation  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14343-02-4
 A. 9495                             2
 
 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 within the cities of Buffalo and  Roches-
 ter  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 transporta-
 tion pursuant to section sixteen hundred eighty of this title,  as  such
 manual and specifications may be amended from time to time, certified by
 a licensed professional engineer who specializes in traffic operations.
   2.  (A)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS
 SECTION, THE LEGISLATIVE BODY OF ANY CITY OR VILLAGE WITH  A  POPULATION
 OF  LESS  THAN  ONE  MILLION MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE OR
 REGULATION ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY  PROCEED
 WITHIN  SUCH  CITY  OR VILLAGE, ALONG STATE HIGHWAYS WITHIN SUCH CITY OR
 VILLAGE LOWER THAN THE  FIFTY-FIVE  MILES  PER  HOUR  MAXIMUM  STATUTORY
 LIMIT,  BUT NOT LESS THAN TWENTY-FIVE MILES PER HOUR, UPON DEMONSTRATION
 THAT A PORTION OF SUCH STATE HIGHWAY IS PARTICULARLY DANGEROUS.
   (B) CRITERIA THAT CITIES AND VILLAGES SHALL USE TO DEMONSTRATE THAT  A
 PORTION  OF A STATE HIGHWAY IS PARTICULARLY DANGEROUS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (I) THE HISTORY OF ACCIDENTS;
   (II) THE PREVALENCE OF PEDESTRIANS;
   (III) PROXIMITY TO EDUCATIONAL INSTITUTIONS;
   (IV) PROXIMITY TO SENIOR HOMES;
   (V) PROXIMITY TO WAREHOUSES; AND
   (VI) OTHER SIMILAR FACTORS, AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (C) A CITY OR VILLAGE THAT ADJUSTS A SPEED LIMIT ALONG A STATE HIGHWAY
 PURSUANT TO THIS SUBDIVISION BY MORE THAN  FIVE  MILES  PER  HOUR  SHALL
 PROVIDE  WRITTEN  NOTICE  TO  THE  PUBLIC AND PROVIDE AN OPPORTUNITY FOR
 PUBLIC COMMENT AT LEAST SIXTY DAYS PRIOR TO THE CHANGE  IN  SPEED  LIMIT
 ALONG SUCH STATE HIGHWAY.
   §  3.  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. 1.  The  town  board  of  any
 suburban  town  governed pursuant to article three-A of the town law and
 the town board of any other town having  a  population  exceeding  fifty
 thousand,  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
 A. 9495                             3
 
 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 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  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 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  main-
 tained by the commissioner of transportation pursuant to section sixteen
 hundred  eighty  of this title, as such manual and specifications may be
 amended from time to time, certified by a licensed professional engineer
 who specializes in traffic operations.
   2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  LEGISLATIVE BODY OF ANY TOWN MAY BY LOCAL LAW, ORDINANCE,
 ORDER, RULE OR REGULATION ESTABLISH MAXIMUM SPEED LIMITS AT WHICH  VEHI-
 CLES MAY PROCEED WITHIN SUCH TOWN, ALONG STATE HIGHWAYS WITHIN SUCH TOWN
 LOWER  THAN  THE  FIFTY-FIVE MILES PER HOUR MAXIMUM STATUTORY LIMIT, BUT
 NOT LESS THAN TWENTY-FIVE MILES PER  HOUR,  UPON  DEMONSTRATION  THAT  A
 PORTION OF SUCH STATE HIGHWAY IS PARTICULARLY DANGEROUS.
   (B)  CRITERIA  THAT TOWNS SHALL USE TO DEMONSTRATE THAT A PORTION OF A
 STATE HIGHWAY IS PARTICULARLY DANGEROUS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   (I) THE HISTORY OF ACCIDENTS;
   (II) THE PREVALENCE OF PEDESTRIANS;
   (III) PROXIMITY TO EDUCATIONAL INSTITUTIONS;
   (IV) PROXIMITY TO SENIOR HOMES;
   (V) PROXIMITY TO WAREHOUSES; AND
   (VI) OTHER SIMILAR FACTORS, AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (C) A TOWN THAT ADJUSTS A SPEED LIMIT ALONG A STATE  HIGHWAY  PURSUANT
 TO THIS SUBDIVISION BY MORE THAN FIVE MILES PER HOUR SHALL PROVIDE WRIT-
 TEN  NOTICE  TO THE PUBLIC AND PROVIDE AN OPPORTUNITY FOR PUBLIC COMMENT
 AT LEAST SIXTY DAYS PRIOR TO THE CHANGE IN SPEED LIMIT ALONG SUCH  STATE
 HIGHWAY.
   § 4. This act shall take effect immediately.