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S07892 Summary:

BILL NO    S07892 

SAME AS    SAME AS A10144

SPONSOR    KLEIN

COSPNSR    DILAN, PERKINS, SAVINO

MLTSPNSR   

Amd S1642, V & T L

Authorizes the city of New York to establish reduced speed limits throughout
the city and on certain designated highways.
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S07892 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7892

                                   I N  S E N A T E

                                     June 16, 2014
                                      ___________

       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       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
   24  AND AN OPPORTUNITY TO COMMENT TO THE COMMUNITY BOARD OR COMMUNITY BOARDS
   25  ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF  THE  NEW  YORK
   26  CITY  CHARTER  WITH  JURISDICTION OVER THE AREA IN WHICH THE LOWER SPEED
   27  LIMIT SHALL APPLY. SUCH NOTICE MAY BE PROVIDED BY  ELECTRONIC  MAIL  AND
   28  SHALL  BE  PROVIDED  SIXTY DAYS PRIOR TO THE ESTABLISHMENT OF SUCH LOWER
   29  SPEED LIMIT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15573-03-4
       S. 7892                             2

    1    S 2. Paragraph 27 of subdivision (a) of section 1642  of  the  vehicle
    2  and  traffic  law,  as  added  by chapter 499 of the laws of 1999 and as
    3  renumbered by section one of this act, is amended to read as follows:
    4    27.  (a) Establishment of maximum speed limits below twenty-five miles
    5  per hour at which motor vehicles may  proceed  on  or  along  designated
    6  highways within such city for the explicit purpose of implementing traf-
    7  fic  calming measures as such term is defined herein; provided, however,
    8  that no speed limit shall be set below fifteen miles per hour nor  shall
    9  such  speed limit be established where the traffic calming measure to be
   10  implemented consists solely of a traffic control sign.  Establishment of
   11  such a speed limit shall, where applicable, be in  compliance  with  the
   12  provisions  of  sections sixteen hundred twenty-four and sixteen hundred
   13  eighty-four of this chapter. Nothing contained herein shall be deemed to
   14  alter or affect the establishment of school speed limits pursuant to the
   15  provisions of section sixteen hundred forty-three of this  article.  For
   16  the  purposes  of  this paragraph, "traffic calming measures" shall mean
   17  any physical engineering measure or measures that  reduce  the  negative
   18  effects  of  motor vehicle use, alter driver behavior and improve condi-
   19  tions for non-motorized street users such as pedestrians and bicyclists.
   20    (b) Any city establishing maximum speed limits below twenty-five miles
   21  per hour pursuant to clause (i) of  this  subparagraph  shall  submit  a
   22  report  to  the  governor, the temporary president of the senate and the
   23  speaker of the assembly on or before March  first,  two  thousand  [two]
   24  FIFTEEN  AND BIANNUALLY THEREAFTER on the results of using traffic calm-
   25  ing measures and speed limits lower than twenty-five miles per  hour  as
   26  authorized  by  this paragraph. THIS REPORT SHALL ALSO BE MADE AVAILABLE
   27  TO THE PUBLIC BY SUCH CITY ON ITS WEBSITE. Such  report  shall  include,
   28  but not be limited to the following:
   29    (i)  a  description  of  the designated highways where traffic calming
   30  measures and a lower speed limit were established and
   31    (ii) a description of the specific traffic calming measures  used  and
   32  the maximum speed limit established[.] AND
   33    (III)  A  COMPARISON  OF  THE  AGGREGATE TYPE, NUMBER, AND SEVERITY OF
   34  ACCIDENTS REPORTED ON STREETS ON WHICH STREET CALMING MEASURES AND LOWER
   35  SPEED LIMITS WERE IMPLEMENTED IN THE YEAR PRECEDING  THE  IMPLEMENTATION
   36  OF  SUCH MEASURES AND POLICIES AND THE YEAR FOLLOWING THE IMPLEMENTATION
   37  OF SUCH MEASURES AND POLICIES, TO THE EXTENT THIS INFORMATION  IS  MAIN-
   38  TAINED BY ANY AGENCY OF THE STATE OR THE CITY.
   39    S  3.  This  act shall take effect on the ninetieth day after it shall
   40  have become a law.
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