Senate Bill S5859

                                 
BILL NUMBER: S5859

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act directing the department of transportation to conduct a study to
evaluate the standard approach of setting or adjusting speed limits

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to evaluate different approaches of
setting or adjusting speed limits, including the common approach used -
85th percentile rule - and try to identify the best alternative approach
which has a better impact on preventing traffic crashes.

 
SUMMARY OF PROVISIONS:

Section 1 directs the Department of Transportation (DOT) to conduct a
study to evaluate the standard approach to setting or adjusting speed
limits in New York State.

Section 2 defines the term "85th percentile rule".
              

Section 3 requires the DOT to publish the report with recommendations
within one year of the effective date of this act.

Section 4 sets the effective date.

 
JUSTIFICATION:

Motor vehicle traffic crashes are the leading cause of injury related
death for New York State residents. According to the NYS Department of
Health, during the period from 2012-2014 there was an annual average of
1,098 deaths, 12,093 hospitalizations and 136,913 emergency department
visits because of motor vehicle traffic injuries among New York State
residents.1

Speeding is one of the most common factors in motor vehicle crashes in
the United States. According to the Safety Study conducted by National
Transportation Safety Board, from 2005 through 2014, crashes in which a
law enforcement officer indicated a vehicle's speed was a factor
resulted in 112,580 fatalities, representing 31% of all traffic fatali-
ties.2 The relationship between speed and crash outcome is influenced by
many factors including road type, driver age, road characteristics, and
more. Generally, speed limits are set by statute, but adjustments are
usually based on the observed operating speeds using the "85th percen-
tile rule," meaning the speed at or below which 85 percent of all vehi-
cles are traveling under free-flowing conditions.

Raising speed limits to match the 85th percentile speed can result in
unintended consequences. It might lead to higher operating speeds, and
then as a result to a higher 85th percentile speed. According to the
Safety Study conducted by National Transportation Safety Board, there is
no strong evidence that the 85th percentile speed within a given traffic
flow equates to the speed with the lowest crash involvement rate for all
road types. Therefore there is a need to re-examine and re-evaluate the
most common approach of setting or adjusting the speed limit via 85th
percentile rule and find alternative approaches with better ability to
prevent vehicular violence. We must incorporate different factors such
as road type and characteristics, crash history, the presence of vulner-
able road users such as pedestrians and bicyclists as well as other
expert systems and technological advancements when determining the
appropriate speed limit for public roadways in our state.

 
PRIOR LEGISLATIVE HISTORY:

2024: S6904 - Referred to Transportation

2023: S6904 - Referred to Transportation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.health.ny.govistatistics/prevention/injury_prevention/
traffic/county_of_residence.htm
2 https://www.ntsb.gov/safety/safety-studies/Documents/SS1701.pdf