STATE OF NEW YORK
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10750
IN ASSEMBLY
July 9, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Stern, Grif-
fin, DeStefano) -- read once and referred 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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 141-c to read as follows:
3 § 141-c. First responder safety zone. The area or space officially set
4 apart within a roadway adjacent to any facility or parking area where
5 fire vehicles, police vehicles, ambulances, or emergency ambulance
6 service vehicles are stationed for use in responding to emergencies, and
7 which is protected, marked or indicated by lines or other markings on
8 the surface and by adequate signs as to be plainly visible at all times
9 while set apart as a safety zone.
10 § 2. Section 1144-a of the vehicle and traffic law is amended by
11 adding a new subdivision (d) to read as follows:
12 (d) During an active emergency, every operator of a motor vehicle
13 shall yield the right of way to any fire vehicle, police vehicle, ambu-
14 lance, or emergency ambulance service vehicle displaying one or more
15 red, white, blue or green lights pursuant to the provisions of subdivi-
16 sion forty-one of section three hundred seventy-five of this chapter and
17 traveling within or entering a first responder safety zone. A first
18 violation of this provision shall be punishable by a fine of not more
19 than five hundred dollars. A second violation of this provision shall be
20 punishable by a fine of not more than one thousand dollars.
21 § 3. The section heading and subdivision (a) of section 1151 of the
22 vehicle and traffic law, subdivision (a) as amended by chapter 159 of
23 the laws of 2002, are amended to read as follows:
24 Pedestrians' right of way in crosswalks and first responder safety
25 zone. (a) When traffic-control signals are not in place or not in oper-
26 ation the driver of a vehicle shall yield the right of way, slowing down
27 or stopping if need be to so yield, to a pedestrian crossing the roadway
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06852-03-0
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1 within a crosswalk or first responder safety zone on the roadway upon
2 which the vehicle is traveling, except that any pedestrian crossing a
3 roadway at a point where a pedestrian tunnel or overpass has been
4 provided shall yield the right of way to all vehicles.
5 § 4. Subdivision (d) and paragraph 4 of subdivision (h) of section
6 1180 of the vehicle and traffic law, subdivision (d) as amended by chap-
7 ter 432 of the laws of 1997, and paragraph 4 of subdivision (h) as
8 amended by section 7 of part C of chapter 62 of the laws of 2003, are
9 amended and a new subdivision (c-1) is added to read as follows:
10 (c-1) Except as provided in subdivision (g) of this section, whenever
11 maximum first responder zone speed limits have been established on a
12 highway adjacent to a first responder zone as authorized in section
13 sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred
14 thirty, sixteen hundred forty-three or sixteen hundred sixty-two-a, no
15 person shall drive a vehicle at a speed in excess of fifteen miles per
16 hour.
17 (d) 1. Except as provided in subdivision (g) of this section, whenever
18 maximum speed limits, other than school speed limits or first responder
19 safety zone speed limits, have been established as authorized in
20 sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen
21 hundred twenty-three, sixteen hundred twenty-seven, sixteen hundred
22 thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen
23 hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-
24 three, and sixteen hundred seventy, no person shall drive in excess of
25 such maximum speed limits at any time.
26 2. Except as provided in subdivision (g) of this section, whenever
27 maximum speed limits, other than school speed limits or first responder
28 safety zone speed limits, have been established with respect to any
29 restricted highway as authorized in section sixteen hundred twenty-five,
30 no person shall drive in excess of such maximum speed limits at any
31 time.
32 4. Every person convicted of a violation of subdivision (c) of this
33 section when such violation occurs in a school speed zone during a
34 school day between the hours of seven o'clock A.M. and six o'clock P.M.,
35 or subdivision (c-1) of this section when such violation occurs in a
36 first responder speed zone shall be punished as follows:
37 (i) Where the court or tribunal records or enters that the speed upon
38 which the conviction was based exceeded the applicable speed limit by
39 not more than ten miles per hour, by a fine of not less than ninety nor
40 more than three hundred dollars;
41 (ii) Where the court or tribunal records or enters that the speed upon
42 which the conviction was based exceeded the applicable speed limit by
43 more than ten miles per hour but not more than thirty miles per hour, by
44 a fine of not less than one hundred eighty nor more than six hundred
45 dollars or by imprisonment for not more than fifteen days or by both
46 such fine and imprisonment;
47 (iii) Where the court or tribunal records or enters that the speed
48 upon which the conviction was based exceeded the applicable speed limit
49 by more than thirty miles per hour, by a fine of not less than three
50 hundred sixty nor more than one thousand two hundred dollars, or by
51 imprisonment for not more than thirty days, or by both such fine and
52 imprisonment.
53 § 5. The vehicle and traffic law is amended by adding a new section
54 1118 to read as follows:
55 § 1118. Signs and markings in first responder safety zones. First
56 responder safety zones shall be indicated with signage at each end of
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1 such safety zones, alerting motorists to the requirement that the right
2 of way be yielded to pedestrians and emergency vehicles, and with white
3 hash marks painted on the road surface between the curbs or, in the
4 absence of curbs, between the edges of the traversable roadway. Such
5 signage shall meet department of transportation standards and be
6 installed properly so that they are clearly visible to motorists in
7 accordance with the manual on uniform traffic control devices.
8 § 6. Paragraph b of subdivision 2 of section 510 of the vehicle and
9 traffic law is amended by adding a new subparagraph (xviii) to read as
10 follows:
11 (xviii) for a period of one year where the holder is convicted of a
12 third or subsequent violation of section eleven hundred forty-four-a of
13 this chapter.
14 § 7. Subdivision (a) of section 1620 of the vehicle and traffic law,
15 as amended by chapter 563 of the laws of 2002, is amended to read as
16 follows:
17 (a) The department of transportation with respect to state highways
18 maintained by the state outside of cities having a population in excess
19 of one million, and highways on Indian reservations, may by order, rule
20 or regulation establish higher or lower maximum speed limits at which
21 vehicles may proceed on or along such highways than the fifty-five miles
22 per hour statutory maximum speed limit. No such maximum speed limit
23 shall be established at less than twenty-five miles per hour, except
24 that school speed limits may be established at not less than fifteen
25 miles per hour, for a distance not to exceed one thousand three hundred
26 twenty feet, on a highway passing a school building, entrance or exit of
27 a school abutting on the highway and further that speed limits may be
28 established at not less than fifteen miles per hour in first responder
29 safety zones. Absence of signs installed pursuant to this section shall
30 be presumptive evidence that the department of transportation has not
31 established a higher maximum speed limit than the fifty-five miles per
32 hour statutory limit.
33 § 8. Subdivision 1 of section 1622 of the vehicle and traffic law, as
34 amended by chapter 563 of the laws of 2002, is amended to read as
35 follows:
36 1. Establish maximum speed limits at which vehicles may proceed on or
37 along such highways higher or lower than the fifty-five miles per hour
38 statutory maximum speed limit. No such limit shall be established at
39 less than twenty-five miles per hour, except that school speed limits
40 may be established at not less than fifteen miles per hour, for a
41 distance not to exceed one thousand three hundred twenty feet, on a
42 highway passing a school building, entrance or exit of a school abutting
43 on the highway, and further that speed limits may be established at not
44 less than fifteen miles per hour in first responder safety zones.
45 § 9. Subdivision 5 of section 1630 of the vehicle and traffic law, as
46 amended by chapter 563 of the laws of 2002, is amended to read as
47 follows:
48 5. Establishment of maximum and minimum speed limits at which vehicles
49 may proceed on or along such highways. No such maximum speed limit shall
50 be established at less than twenty-five miles per hour, except that
51 speed limits may be established at not less than fifteen miles per hour
52 in first responder zones, and except that school speed limits may be
53 established at not less than fifteen miles per hour, for a distance not
54 to exceed one thousand three hundred twenty feet, on a highway passing a
55 school building, entrance or exit of a school abutting on the highway,
56 and except that, with respect to bridge and elevated structures that are
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1 a part of any such highway, a lower maximum speed limit may be estab-
2 lished if it is determined that such lower maximum speed limit is the
3 maximum speed limit which may be maintained without structural damage to
4 such bridge or structure, and except that, with respect to any highway
5 under the jurisdiction of the office of parks, recreation and historic
6 preservation, other than a parkway as defined in subdivision seventeen
7 of section 1.03 of the parks, recreation and historic preservation law,
8 the department of agriculture and markets or the industrial exhibit
9 authority, a maximum speed limit of not less than ten miles per hour may
10 be established on any portion thereof, if it is determined that such
11 lower maximum speed limit is necessary to assure the safety of the
12 public, and except that, with respect to any highway having toll plazas,
13 a maximum speed limit of not less than five miles per hour may be estab-
14 lished for passage through such toll plazas.
15 § 10. Section 1643 of the vehicle and traffic law, as amended by chap-
16 ter 412 of the laws of 2012, is amended to read as follows:
17 § 1643. Speed limits on highways in cities and villages. The legisla-
18 tive body of any city or village with respect to highways (which term
19 for the purposes of this section shall include private roads open to
20 public motor vehicle traffic) in such city or village, other than state
21 highways maintained by the state on which the department of transporta-
22 tion shall have established higher or lower speed limits than the statu-
23 tory fifty-five miles per hour speed limit as provided in section
24 sixteen hundred twenty of this title, or on which the department of
25 transportation shall have designated that such city or village shall not
26 establish any maximum speed limit as provided in section sixteen hundred
27 twenty-four of this title, subject to the limitations imposed by section
28 sixteen hundred eighty-four of this title may by local law, ordinance,
29 order, rule or regulation establish maximum speed limits at which vehi-
30 cles may proceed within such city or village, within designated areas of
31 such city or village or on or along designated highways within such city
32 or village higher or lower than the fifty-five miles per hour maximum
33 statutory limit. No such speed limit applicable throughout such city or
34 village or within designated areas of such city or village shall be
35 established at less than thirty miles per hour; except that in the city
36 of Long Beach, in the county of Nassau, speed limits may be established
37 at not less than fifteen miles per hour on any portion of the following
38 highways in such city: Cleveland avenue, Harding avenue, Mitchell
39 avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, Wilson avenue
40 and Taft avenue. No such speed limit applicable on or along designated
41 highways within such city or village shall be established at less than
42 twenty-five miles per hour, except that school speed limits may be
43 established at not less than fifteen miles per hour, for a distance not
44 to exceed one thousand three hundred twenty feet, on a highway passing a
45 school building, entrance or exit of a school abutting on the highway,
46 and except that speed limits may be established at not less than fifteen
47 miles per hour in first responder safety zones and except that within
48 the cities of Buffalo and Rochester speed limits may be established at
49 not less than fifteen miles per hour for any portion of a highway within
50 a city park.
51 § 11. Section 1662-a of the vehicle and traffic law, as amended by
52 chapter 405 of the laws of 2012, is amended to read as follows:
53 § 1662-a. Speed limits in certain towns. The town board of any subur-
54 ban town governed pursuant to article three-A of the town law and the
55 town board of any other town having a population exceeding fifty thou-
56 sand, with respect to highways (which term for the purposes of this
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1 section shall include private roads open to public motor vehicle traf-
2 fic) in such towns outside any village, other than state highways main-
3 tained by the state on which the department of transportation shall have
4 established higher or lower speed limits than the statutory fifty-five
5 miles per hour speed limit as provided in section sixteen hundred twenty
6 of this title, or on which the department of transportation shall have
7 designated that such towns shall not establish any maximum speed limit
8 as provided in section sixteen hundred twenty-four of this title,
9 subject to the limitations imposed by section sixteen hundred eighty-
10 four of this title may by local law, ordinance, order, rule or regu-
11 lation establish maximum speed limits at which vehicles may proceed
12 within such towns, within designated areas of such towns or on or along
13 designated highways within such towns lower than the fifty-five miles
14 per hour maximum statutory limit. No such speed limit applicable
15 throughout such towns or within designated areas of such towns shall be
16 established at less than thirty miles per hour, except that in the town
17 of Hempstead speed limits may be established at not less than fifteen
18 miles per hour on any portion of a highway in the community known as
19 Point Lookout and on all or any portion of the following highways in the
20 community known as Lido Beach: Ocean Boulevard, Allevard Street, Bath
21 Street, Buxton Street, Cheltenham Street, Pinehurst Street, Harrogate
22 Street, Matlock Street, Nantwick Street, Biarritz Street, Royat Street,
23 Luchon Street, Woodhail Street, Leamington Street, Saratoga Street,
24 Kensington Street, and Prescott Street; provided, however, that no such
25 speed limit in such town may be established unless a majority of the
26 residents of each such community file a petition with the town board of
27 such town requesting such speed limit. No such speed limit applicable on
28 or along designated highways within such towns shall be established at
29 less than twenty-five miles per hour, except that school speed limits
30 may be established at not less than fifteen miles per hour, for a
31 distance not to exceed one thousand three hundred twenty feet, on a
32 highway passing a school building, entrance or exit of a school abutting
33 on the highway, and except further that speed limits may be established
34 at not less than fifteen miles per hour in first responder safety zones,
35 and except further that in the town of Hempstead speed limits may be
36 established at not less than fifteen miles per hour on any portion of a
37 highway in the communities known as Point Lookout and Lido Beach;
38 provided, however, that no such speed limit in such town may be estab-
39 lished unless a majority of the residents of each such community file a
40 petition with the town board of such town requesting such speed limit.
41 § 12. Severability. If any clause, sentence, subdivision, paragraph,
42 section or part of this act be adjudged by any court of competent juris-
43 diction to be invalid, or if any federal agency finally determines that
44 this act would render New York state ineligible for the receipt of
45 federal funds, such judgment or written determination shall not affect,
46 impair or invalidate the remainder thereof, but shall be confined in its
47 operation to the clause, sentence, subdivision, paragraph, section or
48 part thereof directly involved in the controversy in which such judgment
49 or written determination shall have been rendered.
50 § 13. This act shall take effect on the one hundred eightieth day
51 after it shall have become a law, and shall apply to violations commit-
52 ted on and after such date.