S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5182
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  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 establishing
   speed limits in towns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1622 of the vehicle and traffic law, as amended by
 chapter 420 of the laws of 1968, subdivision 1 as amended by chapter 563
 of the laws of 2002, subdivision 2 as amended by chapter 83 of the  laws
 of 1969, is amended to read as follows:
   § 1622. Speed  limits  on  county  roads  and  town highways.   1. The
 department of transportation upon the request of the county  superinten-
 dent  of  highways  of  a county and the town board of the town or towns
 affected with respect to county roads and town highways in such town  or
 towns outside of cities or villages, may by order, rule or regulation:
   [1.]  (A) Establish maximum speed limits at which vehicles may proceed
 on or along such highways higher or lower than the fifty-five miles  per
 hour  statutory  maximum speed limit. No such limit shall be established
 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.
   [2.] (B) Establish maximum speed limits at which vehicles may  proceed
 on  or  along  all such highways lying within an area or areas as desig-
 nated by a description of the boundaries of such area or areas submitted
 by the county superintendent of highways of a county and the town  board
 of the town or towns affected lower than fifty-five miles per hour stat-
 utory  maximum  speed  limit. No such limit shall be established at less
 than thirty miles per hour.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05453-01-1
              

 S. 5182                             2
 
   2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, IN LIEU OF MAKING A REQUEST OF THE DEPARTMENT OF TRANSPORTATION
 PURSUANT  TO  SUCH SUBDIVISION, THE TOWN BOARD OF ANY TOWN, EXCLUSIVE OF
 SUBURBAN TOWNS AND TOWNS HAVING A POPULATION EXCEEDING  FIFTY  THOUSAND,
 WITH RESPECT TO TOWN HIGHWAYS WHICH HAVE BEEN FUNCTIONALLY CLASSIFIED BY
 THE  DEPARTMENT  OF TRANSPORTATION AS LOCAL ROADS ON OFFICIAL FUNCTIONAL
 CLASSIFICATION MAPS  APPROVED  BY  THE  FEDERAL  HIGHWAY  ADMINISTRATION
 PURSUANT TO PART 470.105 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS,
 AS  AMENDED  FROM  TIME  TO  TIME,  AND  WHICH ARE OUTSIDE OF CITIES AND
 VILLAGES, MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION:
   (I) ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY PROCEED ON OR
 ALONG SUCH HIGHWAYS LOWER THAN THE FIFTY-FIVE MILES PER  HOUR  STATUTORY
 MAXIMUM  SPEED  LIMIT.  NO  SUCH LIMIT SHALL BE ESTABLISHED 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.
   (II) ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY  PROCEED  ON
 OR  ALONG ALL SUCH HIGHWAYS LYING WITHIN AN AREA OR AREAS LOWER THAN THE
 FIFTY-FIVE MILES PER HOUR STATUTORY MAXIMUM SPEED LIMIT. NO  SUCH  LIMIT
 SHALL BE ESTABLISHED AT LESS THAN THIRTY MILES PER HOUR.
   (B)  NO  SUCH  SPEED  LIMITS SHALL BE ESTABLISHED EXCEPT IN ACCORDANCE
 WITH THE ENGINEERING CONSIDERATIONS AND FACTORS  FOR  SPEED  LIMITS  SET
 FORTH  IN  THE  NEW  YORK  STATE MANUAL AND SPECIFICATIONS FOR A UNIFORM
 SYSTEM OF TRAFFIC CONTROL DEVICES AS SUCH MANUAL AND SPECIFICATIONS  MAY
 BE AMENDED FROM TIME TO TIME, CERTIFIED BY A LICENSED PROFESSIONAL ENGI-
 NEER WHO SPECIALIZES IN TRAFFIC OPERATIONS.
   (C)  FOR THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE MANUAL
 AND SPECIFICATIONS FOR A UNIFORM  SYSTEM  OF  TRAFFIC  CONTROL  DEVICES"
 SHALL  MEAN  THE  NATIONAL  MANUAL  OF  UNIFORM  TRAFFIC CONTROL DEVICES
 PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION  PURSUANT  TO  SUBPART
 (F)  OF  PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS AND THE
 NEW YORK STATE SUPPLEMENT ADOPTED BY THE COMMISSIONER OF  TRANSPORTATION
 PURSUANT  TO  SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE, AND THE TERM
 "TOWN HIGHWAYS" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED  BY
 SUBDIVISION FIVE OF SECTION THREE OF THE HIGHWAY LAW.
   (D) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER THE
 AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH MAXIMUM SPEED
 LIMITS  AT THE REQUEST OF A TOWN BOARD WITH RESPECT TO ALL TOWN HIGHWAYS
 WITHIN SUCH TOWN OUTSIDE OF CITIES AND VILLAGES PURSUANT TO  SUBDIVISION
 ONE  OF  THIS  SECTION,  PROVIDED THAT NO MAXIMUM SPEED LIMITS HAVE BEEN
 ESTABLISHED BY SUCH TOWN BOARD PURSUANT TO THIS SUBDIVISION ON ANY  TOWN
 HIGHWAY FUNCTIONALLY CLASSIFIED AS A LOCAL ROAD WITHIN SUCH TOWN.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.