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A10144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10144
 
                   IN ASSEMBLY
 
                                      June 17, 2014
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell,
          Silver, Mosley,  Jacobs,  Ortiz,  Rosa,  Davila,  Simotas,  Gottfried,
          Robinson, Millman, Dinowitz, Otis, Quart, Weprin, Kavanagh, Sepulveda,
          Pichardo,  Wright,  Scarborough,  Clark, DenDekker, Benedetto, Miller,
          Heastie, Simanowitz, Glick, Weinstein, Markey, Cymbrowitz,  Rosenthal,

          Crespo,  Moya,  Rodriguez,  Hevesi,  Arroyo,  Cook,  Farrell,  Jaffee,
          Lentol, Perry, Rivera, Rozic, Steck) -- read once and referred to  the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to speed limits
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 26 of subdivision (a)  of  section  1642  of  the
     2  vehicle  and  traffic law is renumbered paragraph 27 and a new paragraph
     3  26 is added to read as follows:
     4    26. (a) With respect to highways (which term for the purposes of  this
     5  paragraph shall include private roads open to public motor vehicle traf-
     6  fic)  in such city, other than state highways maintained by the state on

     7  which the department of transportation shall have established higher  or
     8  lower  speed  limits  than the statutory fifty-five miles per hour speed
     9  limit as provided in section sixteen hundred twenty of this title, or on
    10  which the department of transportation shall have designated  that  such
    11  city  shall not establish any maximum speed limit as provided in section
    12  sixteen hundred twenty-four of this title, subject  to  the  limitations
    13  imposed by section sixteen hundred eighty-four of this title, establish-
    14  ment  of  maximum speed limits at which vehicles may proceed within such
    15  city or within designated areas of such city higher or  lower  than  the
    16  fifty-five  miles per hour maximum statutory limit.  No such speed limit

    17  applicable throughout such city or within designated areas of such  city
    18  shall  be  established  at  less than twenty-five miles per hour, except
    19  that school speed limits may be established  at  no  less  than  fifteen
    20  miles  per  hour  pursuant  to the provisions of section sixteen hundred
    21  forty-three of this article.
    22    (b) A city shall not lower a speed limit by more than five  miles  per
    23  hour pursuant to this paragraph unless such city provides written notice
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15573-03-4

        A. 10144                            2
 

     1  and an opportunity to comment to the community board or community boards
     2  established  pursuant  to  section  twenty-eight hundred of the New York
     3  city charter with jurisdiction over the area in which  the  lower  speed
     4  limit  shall  apply.  Such notice may be provided by electronic mail and
     5  shall be provided sixty days prior to the establishment  of  such  lower
     6  speed limit.
     7    §  2.  Paragraph  27 of subdivision (a) of section 1642 of the vehicle
     8  and traffic law, as added by chapter 499 of the  laws  of  1999  and  as
     9  renumbered by section one of this act, is amended to read as follows:
    10    27.  (a) Establishment of maximum speed limits below twenty-five miles
    11  per hour at which motor vehicles may  proceed  on  or  along  designated
    12  highways within such city for the explicit purpose of implementing traf-

    13  fic  calming measures as such term is defined herein; provided, however,
    14  that no speed limit shall be set below fifteen miles per hour nor  shall
    15  such  speed limit be established where the traffic calming measure to be
    16  implemented consists solely of a traffic control sign.  Establishment of
    17  such a speed limit shall, where applicable, be in  compliance  with  the
    18  provisions  of  sections sixteen hundred twenty-four and sixteen hundred
    19  eighty-four of this chapter. Nothing contained herein shall be deemed to
    20  alter or affect the establishment of school speed limits pursuant to the
    21  provisions of section sixteen hundred forty-three of this  article.  For
    22  the  purposes  of  this paragraph, "traffic calming measures" shall mean
    23  any physical engineering measure or measures that  reduce  the  negative
    24  effects  of  motor vehicle use, alter driver behavior and improve condi-

    25  tions for non-motorized street users such as pedestrians and bicyclists.
    26    (b) Any city establishing maximum speed limits below twenty-five miles
    27  per hour pursuant to clause (i) of  this  subparagraph  shall  submit  a
    28  report  to  the  governor, the temporary president of the senate and the
    29  speaker of the assembly on or before March  first,  two  thousand  [two]
    30  fifteen  and biannually thereafter on the results of using traffic calm-
    31  ing measures and speed limits lower than twenty-five miles per  hour  as
    32  authorized  by  this paragraph. This report shall also be made available
    33  to the public by such city on its website. Such  report  shall  include,
    34  but not be limited to the following:
    35    (i)  a  description  of  the designated highways where traffic calming
    36  measures and a lower speed limit were established and

    37    (ii) a description of the specific traffic calming measures  used  and
    38  the maximum speed limit established[.] and
    39    (iii)  a  comparison  of  the  aggregate type, number, and severity of
    40  accidents reported on streets on which street calming measures and lower
    41  speed limits were implemented in the year preceding  the  implementation
    42  of  such measures and policies and the year following the implementation
    43  of such measures and policies, to the extent this information  is  main-
    44  tained by any agency of the state or the city.
    45    §  3.  This  act shall take effect on the ninetieth day after it shall
    46  have become a law.
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