S T A T E   O F   N E W   Y O R K
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                                  10280

                          I N  A S S E M B L Y

                             March 16, 2010
                               ___________

Introduced  by  M. of A. TEDISCO, CALHOUN -- Multi-Sponsored by -- M. of
  A. BACALLES, KOLB, J. MILLER -- read once and referred to the  Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to speed limits
  on state highways

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1620 of the vehicle and  traffic
law,  as  amended by chapter 563 of the laws of 2002, is amended to read
as follows:
  (a) The department of transportation with respect  to  state  highways
maintained  by the state outside of cities having a population in excess
of one million, and highways on Indian reservations, may by order,  rule
or  regulation  establish  higher or lower maximum speed limits at which
vehicles may proceed on or along such highways than the fifty-five miles
per hour statutory maximum speed limit.  SUCH MAXIMUM SPEED LIMIT MAY BE
ESTABLISHED PURSUANT TO  AN  ENGINEERING  AND/OR  TRAFFIC  INVESTIGATION
AUTHORIZED OR PERFORMED BY THE DEPARTMENT OF TRANSPORTATION OR THE MUNI-
CIPALITY WITHIN WHICH THE SECTION OF STATE HIGHWAY SUBJECT TO SUCH MAXI-
MUM  SPEED LIMIT IS LOCATED. No such maximum speed limit shall be estab-
lished at less than twenty-five miles per hour, except that school speed
limits may be established at not less than fifteen miles per hour, for a
distance not to exceed one thousand three  hundred  twenty  feet,  on  a
highway passing a school building, entrance or exit of a school abutting
on  the  highway.  Absence  of  signs installed pursuant to this section
shall be presumptive evidence that the department of transportation  has
not  established  a higher maximum speed limit than the fifty-five miles
per hour statutory limit.
  S 2. Subdivision (a) of section 1624 of the vehicle and  traffic  law,
as  amended  by  chapter  420 of the laws of 1968, is amended to read as
follows:
  (a) On any state highway maintained by  the  state  within  any  city,
village  or  suburban  town  governed pursuant to article three-A of the
town law, the department of transportation may designate any such  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15835-01-0

A. 10280                            2

highway  or  section  of such highway on which any such city, village or
suburban town shall not by local law, ordinance, order,  rule  or  regu-
lation  establish any maximum speed limits at which vehicles may proceed
on  or  along such state highway.  Such designation shall be PURSUANT TO
AN ENGINEERING AND/OR TRAFFIC INVESTIGATION AUTHORIZED OR  PERFORMED  BY
THE  DEPARTMENT  OF TRANSPORTATION OR THE CITY, VILLAGE OR SUBURBAN TOWN
WITHIN WHICH SUCH STATE HIGHWAY OR SECTION OF STATE HIGHWAY  IS  LOCATED
AND  SHALL  BE  made by an order in writing of [the] SUCH department [of
transportation] and served by mail on  the  mayor  or  supervisor  or  a
member of the governing board of such city, village or suburban town ten
days  before  the same shall take effect.  At the expiration of ten days
after service of such order upon any city, village or suburban town  the
speed  of any vehicle upon such state highway or section of such highway
shall not be subject to any such maximum speed limit established by such
city, village or suburban town.
  S 3. This act shall take effect on the first of October next  succeed-
ing the date on which it shall have become a law.