S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3267
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. WALSH, BLANKENBUSH, MORINELLO, HAWLEY, SALKA,
   J. M. GIGLIO, SAYEGH, TAGUE -- Multi-Sponsored by -- M. of A. DeSTEFA-
   NO, MANKTELOW, SMULLEN -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03477-01-1

              

 A. 3267                             2
 
   § 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
 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.