Enacts "local control for speed limits"; authorizes cities, villages, and towns to adjust the speed limit to lower than fifty-five miles per hour, but not less than twenty-five miles per hour, for portions of state highways that are particularly dangerous.
STATE OF NEW YORK
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9495--A
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. SHRESTHA, SIMON -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "local control for speed limits."
3 § 2. Section 1643 of the vehicle and traffic law, as amended by chap-
4 ter 496 of the laws of 2022, is amended to read as follows:
5 § 1643. Speed limits on highways in cities and villages. 1. The
6 legislative body of any city or village with respect to highways (which
7 term for the purposes of this section shall include private roads open
8 to public motor vehicle traffic) in such city or village, other than
9 state highways maintained by the state on which the department of trans-
10 portation shall have established higher or lower speed limits than the
11 statutory fifty-five miles per hour speed limit as provided in section
12 sixteen hundred twenty of this title, or on which the department of
13 transportation shall have designated that such city or village shall not
14 establish any maximum speed limit as provided in section sixteen hundred
15 twenty-four of this title, subject to the limitations imposed by section
16 sixteen hundred eighty-four of this title may by local law, ordinance,
17 order, rule or regulation establish maximum speed limits at which vehi-
18 cles may proceed within such city or village, within designated areas of
19 such city or village or on or along designated highways within such city
20 or village higher or lower than the fifty-five miles per hour maximum
21 statutory limit. No such speed limit applicable throughout such city or
22 village or within designated areas of such city or village shall be
23 established at less than twenty-five miles per hour; except that in the
24 city of Long Beach, in the county of Nassau, speed limits may be estab-
25 lished at not less than fifteen miles per hour on any portion of the
26 following highways in such city: Cleveland avenue, Harding avenue, Mitc-
27 hell avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, Wilson
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14343-03-4
A. 9495--A 2
1 avenue and Taft avenue. No such speed limit applicable on or along
2 designated highways within such city or village shall be established at
3 less than twenty-five miles per hour, except that school speed limits
4 may be established at not less than fifteen miles per hour, for a
5 distance not to exceed one thousand three hundred twenty feet, on a
6 highway passing a school building, entrance or exit of a school abutting
7 on the highway and except that within the cities of Buffalo and Roches-
8 ter speed limits may be established at not less than fifteen miles per
9 hour for any portion of a highway within a city park. No speed limits
10 shall be established pursuant to the provisions of this section except
11 in accordance with the engineering considerations and factors for speed
12 limits set forth in the manual and specifications for a uniform system
13 of traffic control devices maintained by the commissioner of transporta-
14 tion pursuant to section sixteen hundred eighty of this title, as such
15 manual and specifications may be amended from time to time, certified by
16 a licensed professional engineer who specializes in traffic operations.
17 2. (a) Notwithstanding the provisions of subdivision one of this
18 section, the legislative body of any city or village with a population
19 of less than one million may by local law, ordinance, order, rule or
20 regulation establish maximum speed limits at which vehicles may proceed
21 within such city or village, along state highways within such city or
22 village lower than the fifty-five miles per hour maximum statutory
23 limit, but not less than twenty-five miles per hour, upon demonstration
24 that a portion of such state highway is particularly dangerous.
25 (b) Criteria that cities and villages shall use to demonstrate that a
26 portion of a state highway is particularly dangerous shall include, but
27 not be limited to:
28 (i) the history of accidents;
29 (ii) the prevalence of pedestrians;
30 (iii) proximity to educational institutions;
31 (iv) proximity to senior homes;
32 (v) proximity to warehouses; and
33 (vi) other similar factors, as deemed appropriate by the commissioner.
34 (c) A city or village that adjusts a speed limit along a state highway
35 pursuant to this subdivision by more than five miles per hour shall
36 provide written notice to the public and provide an opportunity for
37 public comment at least sixty days prior to the change in speed limit
38 along such state highway.
39 § 3. Section 1662-a of the vehicle and traffic law, as amended by
40 chapter 496 of the laws of 2022, is amended to read as follows:
41 § 1662-a. Speed limits in [certain] towns. 1. The town board of any
42 [suburban] town [governed pursuant to article three-A of the town law
43 and the town board of any other town having a population exceeding fifty
44 thousand], with respect to highways (which term for the purposes of this
45 section shall include private roads open to public motor vehicle traf-
46 fic) in [such] towns outside any village, other than state highways
47 maintained by the state on which the department of transportation shall
48 have established higher or lower speed limits than the statutory fifty-
49 five miles per hour speed limit as provided in section sixteen hundred
50 twenty of this title, or on which the department of transportation shall
51 have designated that [such] towns shall not establish any maximum speed
52 limit as provided in section sixteen hundred twenty-four of this title,
53 subject to the limitations imposed by section sixteen hundred eighty-
54 four of this title may by local law, ordinance, order, rule or regu-
55 lation establish maximum speed limits at which vehicles may proceed
56 within [such] towns, within designated areas of [such] towns or on or
A. 9495--A 3
1 along designated highways within [such] towns lower than the fifty-five
2 miles per hour maximum statutory limit. No such speed limit applicable
3 throughout [such] towns or within designated areas of [such] towns shall
4 be established at less than twenty-five miles per hour, except that in
5 the town of Hempstead speed limits may be established at not less than
6 fifteen miles per hour on any portion of a highway in the community
7 known as Point Lookout and on all or any portion of the following high-
8 ways in the community known as Lido Beach: Ocean Boulevard, Allevard
9 Street, Bath Street, Buxton Street, Cheltenham Street, Pinehurst Street,
10 Harrogate Street, Matlock Street, Nantwick Street, Biarritz Street,
11 Royat Street, Luchon Street, Woodhail Street, Leamington Street, Sarato-
12 ga Street, Kensington Street, and Prescott Street; provided, however,
13 that no such speed limit in such town may be established unless a major-
14 ity of the residents of each such community file a petition with the
15 town board of such town requesting such speed limit. No such speed limit
16 applicable on or along designated highways within [such] towns shall be
17 established at less than twenty-five miles per hour, except that school
18 speed limits may be established at not less than fifteen miles per hour,
19 for a distance not to exceed one thousand three hundred twenty feet, on
20 a highway passing a school building, entrance or exit of a school abut-
21 ting on the highway, and except further that in the town of Hempstead
22 speed limits may be established at not less than fifteen miles per hour
23 on any portion of a highway in the communities known as Point Lookout
24 and Lido Beach; provided, however, that no such speed limit in such town
25 may be established unless a majority of the residents of each such
26 community file a petition with the town board of such town requesting
27 such speed limit. No speed limits shall be established pursuant to the
28 provisions of this section except in accordance with the engineering
29 considerations and factors for speed limits set forth in the manual and
30 specifications for a uniform system of traffic control devices main-
31 tained by the commissioner of transportation pursuant to section sixteen
32 hundred eighty of this title, as such manual and specifications may be
33 amended from time to time, certified by a licensed professional engineer
34 who specializes in traffic operations.
35 2. (a) Notwithstanding the provisions of subdivision one of this
36 section, the legislative body of any town may by local law, ordinance,
37 order, rule or regulation establish maximum speed limits at which vehi-
38 cles may proceed within such town, along state highways within such town
39 lower than the fifty-five miles per hour maximum statutory limit, but
40 not less than twenty-five miles per hour, upon demonstration that a
41 portion of such state highway is particularly dangerous.
42 (b) Criteria that towns shall use to demonstrate that a portion of a
43 state highway is particularly dangerous shall include, but not be limit-
44 ed to:
45 (i) the history of accidents;
46 (ii) the prevalence of pedestrians;
47 (iii) proximity to educational institutions;
48 (iv) proximity to senior homes;
49 (v) proximity to warehouses; and
50 (vi) other similar factors, as deemed appropriate by the commissioner.
51 (c) A town that adjusts a speed limit along a state highway pursuant
52 to this subdivision by more than five miles per hour shall provide writ-
53 ten notice to the public and provide an opportunity for public comment
54 at least sixty days prior to the change in speed limit along such state
55 highway.
56 § 4. This act shall take effect immediately.
