Senate Bill S6808

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6808
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by Sens. MANNION, ADDABBO, HELMING -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02403-01-3
 S. 6808                             2
              

 
   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
 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.
 S. 6808                             3
 
   §  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
 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
 S. 6808                             4

 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 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
 S. 6808                             5
 
 manual and specifications  for  a  uniform  system  of  traffic  control
 devices  maintained  by  the  commissioner of transportation pursuant to
 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
 S. 6808                             6
 
 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.
   §  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.