STATE OF NEW YORK
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5404
2017-2018 Regular Sessions
IN SENATE
March 24, 2017
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Introduced by Sen. ROBACH -- (at request of the Department of Environ-
mental Conservation) -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certain
speed limits and certain driving under the influence charges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 1192 of the vehicle and traffic
2 law, as added by chapter 47 of the laws of 1988 and as renumbered by
3 chapter 173 of the laws of 1990, is amended to read as follows:
4 7. Where applicable. The provisions of this section shall apply upon
5 public highways, private roads open to [motor vehicle traffic] public
6 use and any other parking lot. For the purposes of this section "parking
7 lot" shall mean any area or areas of private property, including a
8 driveway, near or contiguous to and provided in connection with premises
9 and used as a means of access to and egress from a public highway to
10 such premises and having a capacity for the parking of four or more
11 motor vehicles. The provisions of this section shall not apply to any
12 area or areas of private property comprising all or part of property on
13 which is situated a one or two family residence, unless open to public
14 use.
15 § 2. Subdivision 5 of section 1630 of the vehicle and traffic law, as
16 amended by chapter 563 of the laws of 2002 is amended to read as
17 follows:
18 5. Establishment of maximum and minimum speed limits at which vehicles
19 may proceed on or along such highways. No such maximum speed limit shall
20 be established at less than twenty-five miles per hour, except that
21 school speed limits may be established at not less than fifteen miles
22 per hour, for a distance not to exceed one thousand three hundred twenty
23 feet, on a highway passing a school building, entrance or exit of a
24 school abutting on the highway, and except that, with respect to bridge
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09999-01-7
S. 5404 2
1 and elevated structures that are a part of any such highway, a lower
2 maximum speed limit may be established if it is determined that such
3 lower maximum speed limit is the maximum speed limit which may be main-
4 tained without structural damage to such bridge or structure, and except
5 that, with respect to any highway under the jurisdiction of the office
6 of parks, recreation and historic preservation, other than a parkway as
7 defined in subdivision seventeen of section 1.03 of the parks, recre-
8 ation and historic preservation law, the department of agriculture and
9 markets, the department of environmental conservation or the industrial
10 exhibit authority, a maximum speed limit of not less than ten miles per
11 hour may be established on any portion thereof, if it is determined that
12 such lower maximum speed limit is necessary to assure the safety of the
13 public, and except that, with respect to any highway having toll plazas,
14 a maximum speed limit of not less than five miles per hour may be estab-
15 lished for passage through such toll plazas.
16 § 3. This act shall take effect immediately.