S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5861
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06359-01-7
              

 A. 5861                             2
 
   (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
 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.
   § 3. This act shall take effect on the first of October next  succeed-
 ing the date on which it shall have become a law.