S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2912
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- 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  yellow
   signals at traffic intersections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 1 and 2 of subdivision (b) of  section  1111  of
 the  vehicle  and  traffic law, as amended by chapter 356 of the laws of
 1971, are amended to read as follows:
   1. Traffic, except pedestrians, facing a steady circular yellow signal
 may enter the intersection; however, said traffic is thereby warned that
 the related green movement is being terminated or that a red  indication
 will be exhibited [immediately] A MINIMUM OF FOUR SECONDS thereafter.
   2.  Traffic,  except  pedestrians, facing a steady yellow arrow signal
 may cautiously enter the intersection  only  to  complete  the  movement
 indicated  by  such arrow or make such other movement as is permitted by
 other indications shown at the  same  time;  however,  said  traffic  is
 thereby warned that the related green arrow movement is being terminated
 or  that  a  red indication will be exhibited [immediately] A MINIMUM OF
 FOUR SECONDS thereafter.
   § 2. Subdivision (c) of section 1681 of the vehicle and  traffic  law,
 as  amended by chapter 689 of the laws of 1985, the opening paragraph as
 amended by chapter 560 of the laws  of  2006,  is  amended  to  read  as
 follows:
   (c)  1.  Except as otherwise provided the cost of providing, erecting,
 maintaining and removing traffic-control devices ordered by the  depart-
 ment  of  transportation shall be paid from any moneys available for the
 maintenance, repair or reconstruction of state  highways  upon  vouchers
 approved  by  the  department  of  transportation.  However, the work of
 providing, erecting and removing such  traffic-control  devices  may  be
 performed  by contract in the same manner as provided for state highways
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06327-01-3
              

 S. 2912                             2
 
 in article three of the highway law, or, by the  use  of  department  of
 transportation  forces  and equipment and all materials purchased there-
 for, or by a combination of such methods, and the cost of such work  may
 be  paid  from such moneys available for the construction of state high-
 ways. Except as herein provided, nothing shall be paid from such  moneys
 for providing, erecting or maintaining traffic-control signals or flash-
 ing  signals  used  in connection with regulating traffic upon a highway
 under the jurisdiction of the department of transportation at  entrances
 to  private  property,  and  nothing  shall be paid from such moneys for
 maintaining  traffic-control  signals  or  flashing  signals   used   in
 connection with regulating traffic upon a highway under the jurisdiction
 of the department of transportation at entrances to schools. Upon deter-
 mination  by  the  department  of  transportation of the need for such a
 signal, the department of transportation may permit  any  person,  firm,
 association, corporation or public body to provide and erect such signal
 in  accordance  with  standards  and  specifications  established by the
 department of  transportation.  The  department  of  transportation  may
 require  that  some  or  all of the control equipment used in the signal
 construction be supplied by the state to ensure  equipment  quality  and
 compatibility with state practices and the cost of such furnished equip-
 ment  shall be reimbursed to the state by the party receiving permission
 to provide and erect the signal.
   2. All signals erected on or after the first day  of  April,  nineteen
 hundred  eighty-six  with permission of the department of transportation
 and in accordance with the standards and specifications  established  by
 the  department  of transportation shall be maintained by the state. The
 party which erected such signals shall pay the state an annual fee to be
 determined by the commissioner of transportation. Such fees shall  cover
 the cost of normal signal maintenance, but shall not include the cost of
 electrical  energy  or  major  modifications or replacements which shall
 remain the responsibility of the party which  erected  the  signal.  The
 department of transportation may, in its discretion, agree to assume the
 same  maintenance responsibility for signals erected with the permission
 of the department of transportation prior to the  first  day  of  April,
 nineteen  hundred eighty-six, if the department of transportation deter-
 mines that such signal substantially meets established standards and  is
 in  a satisfactory state of repair. The party which erected such signals
 shall also pay the state an annual fee which shall be calculated in  the
 same  manner  as  fees  for signals erected on or after the first day of
 April, nineteen hundred eighty-six.  THE  DEPARTMENT  OF  TRANSPORTATION
 SHALL  FURTHER  ENSURE THAT ALL TRAFFIC-CONTROL SIGNALS IN ITS JURISDIC-
 TION SHALL BE EXAMINED AND CERTIFIED TO BE ACCURATE EVERY TWO YEARS.
   3. No such traffic signal or flashing signal erected  with  permission
 of  the  department  of  transportation shall be removed except with the
 written consent of the department of transportation.
   4. The department of transportation shall have the right to revoke its
 permission to provide, erect or maintain such a signal  and  shall  have
 the  right  to  require  that the signal be removed without a hearing or
 necessity of showing cause.
   § 3. Section 1682 of the vehicle and traffic law, as amended by  chap-
 ter 979 of the laws of 1962, is amended to read as follows:
   § 1682. Local  traffic-control  devices.  Local  authorities  in their
 respective jurisdiction shall: (A) place and maintain such  traffic-con-
 trol devices, conforming to the state manual and specifications, as they
 may  deem  necessary  to  indicate  and carry out the provisions of this
 chapter or local traffic ordinances, orders, rules or regulations or  to
 S. 2912                             3
 
 regulate, warn, or guide traffic, except that a city having a population
 in  excess of one million shall conform to the state manual and specifi-
 cations only insofar as such local authority  in  its  discretion  deems
 practicable;  AND  (B) ENSURE THAT ALL TRAFFIC-CONTROL SIGNALS ARE EXAM-
 INED AND CERTIFIED TO BE ACCURATE EVERY TWO YEARS.
   § 4. This act shall take effect immediately.