S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1754
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. SHRESTHA, SIMON -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to speed limits
   along state highways
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Short title. This act shall be known and may be cited as
 "local control for speed limits."
   § 2.  Section 1643 of the vehicle and traffic law, as amended by chap-
 ter 496 of the laws of 2022, is amended to read as follows:
   § 1643. Speed limits on highways in  cities  and  villages.    1.  The
 legislative  body of any city or village with respect to highways (which
 term for the purposes of this section shall include private  roads  open
 to  public  motor  vehicle  traffic) in such city or village, other than
 state highways maintained by the state on which the department of trans-
 portation shall have established higher or lower speed limits  than  the
 statutory  fifty-five  miles per hour speed limit as provided in section
 sixteen hundred twenty of this title, or  on  which  the  department  of
 transportation shall have designated that such city or village shall not
 establish any maximum speed limit as provided in section sixteen hundred
 twenty-four of this title, subject to the limitations imposed by section
 sixteen  hundred  eighty-four of this title may by local law, ordinance,
 order, rule or regulation establish maximum speed limits at which  vehi-
 cles may proceed within such city or village, within designated areas of
 such city or village or on or along designated highways within such city
 or  village  higher  or lower than the fifty-five miles per hour maximum
 statutory limit. No such speed limit applicable throughout such city  or
 village  or  within  designated  areas  of such city or village shall be
 established at less than twenty-five miles per hour; except that in  the
 city  of Long Beach, in the county of Nassau, speed limits may be estab-
 lished at not less than fifteen miles per hour on  any  portion  of  the
 following highways in such city: Cleveland avenue, Harding avenue, Mitc-
 hell  avenue,  Belmont  avenue, Atlantic avenue, Coolidge avenue, Wilson
 avenue and Taft avenue. No such  speed  limit  applicable  on  or  along
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00521-01-5
 A. 1754                             2
 
 designated  highways within such city or village 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 and except that within the cities of Buffalo and  Roches-
 ter  speed  limits may be established at not less than fifteen miles per
 hour for any portion of a highway within a city park.   No speed  limits
 shall  be  established pursuant to the provisions of this section except
 in accordance with the engineering considerations and factors for  speed
 limits  set  forth in the manual and specifications for a uniform system
 of traffic control devices maintained by the commissioner of transporta-
 tion pursuant to section sixteen hundred eighty of this title,  as  such
 manual and specifications may be amended from time to time, certified by
 a licensed professional engineer who specializes in traffic operations.
   2.  (A)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS
 SECTION, THE LEGISLATIVE BODY OF ANY CITY OR VILLAGE WITH  A  POPULATION
 OF  LESS  THAN  ONE  MILLION MAY BY LOCAL LAW, ORDINANCE, ORDER, RULE OR
 REGULATION ESTABLISH MAXIMUM SPEED LIMITS AT WHICH VEHICLES MAY  PROCEED
 WITHIN  SUCH  CITY  OR VILLAGE, ALONG STATE HIGHWAYS WITHIN SUCH CITY OR
 VILLAGE LOWER THAN THE  FIFTY-FIVE  MILES  PER  HOUR  MAXIMUM  STATUTORY
 LIMIT,  BUT NOT LESS THAN TWENTY-FIVE MILES PER HOUR, UPON DEMONSTRATION
 THAT A PORTION OF SUCH STATE HIGHWAY IS PARTICULARLY DANGEROUS.
   (B) CRITERIA THAT CITIES AND VILLAGES SHALL USE TO DEMONSTRATE THAT  A
 PORTION  OF A STATE HIGHWAY IS PARTICULARLY DANGEROUS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (I) THE HISTORY OF ACCIDENTS;
   (II) THE PREVALENCE OF PEDESTRIANS;
   (III) PROXIMITY TO EDUCATIONAL INSTITUTIONS;
   (IV) PROXIMITY TO SENIOR HOMES;
   (V) PROXIMITY TO WAREHOUSES; AND
   (VI) OTHER SIMILAR FACTORS, AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (C) A CITY OR VILLAGE THAT ADJUSTS A SPEED LIMIT ALONG A STATE HIGHWAY
 PURSUANT TO THIS SUBDIVISION BY MORE THAN  FIVE  MILES  PER  HOUR  SHALL
 PROVIDE  WRITTEN  NOTICE  TO  THE  PUBLIC AND PROVIDE AN OPPORTUNITY FOR
 PUBLIC COMMENT AT LEAST SIXTY DAYS PRIOR TO THE CHANGE  IN  SPEED  LIMIT
 ALONG SUCH STATE HIGHWAY.
   §  3.  Section  1662-a  of  the vehicle and traffic law, as amended by
 chapter 496 of the laws of 2022, is amended to read as follows:
   § 1662-a. Speed limits in [certain] towns. 1. The town  board  of  any
 [suburban]  town  [governed  pursuant to article three-A of the town law
 and the town board of any other town having a population exceeding fifty
 thousand], with respect to highways (which term for the purposes of this
 section shall include private roads open to public motor  vehicle  traf-
 fic)  in  [such]  towns  outside  any village, other than state highways
 maintained by the state on which the department of transportation  shall
 have  established higher or lower speed limits than the statutory fifty-
 five miles per hour speed limit as provided in section  sixteen  hundred
 twenty of this title, or on which the department of transportation shall
 have  designated that [such] towns shall not establish any maximum speed
 limit as provided in section sixteen hundred twenty-four of this  title,
 subject  to  the  limitations imposed by section sixteen hundred eighty-
 four of this title may by local law, ordinance,  order,  rule  or  regu-
 lation  establish  maximum  speed  limits  at which vehicles may proceed
 within [such] towns, within designated areas of [such] towns  or  on  or
 along  designated highways within [such] towns lower than the fifty-five
 A. 1754                             3
 
 miles per hour maximum statutory limit. No such speed  limit  applicable
 throughout [such] towns or within designated areas of [such] towns shall
 be  established  at less than twenty-five miles per hour, except that in
 the  town  of Hempstead speed limits may be established at not less than
 fifteen miles per hour on any portion of  a  highway  in  the  community
 known  as Point Lookout and on all or any portion of the following high-
 ways in the community known as Lido  Beach:  Ocean  Boulevard,  Allevard
 Street, Bath Street, Buxton Street, Cheltenham Street, Pinehurst Street,
 Harrogate  Street,  Matlock  Street,  Nantwick  Street, Biarritz Street,
 Royat Street, Luchon Street, Woodhail Street, Leamington Street, Sarato-
 ga Street, Kensington Street, and Prescott  Street;  provided,  however,
 that no such speed limit in such town may be established unless a major-
 ity  of  the  residents  of each such community file a petition with the
 town board of such town requesting such speed limit. No such speed limit
 applicable on or along designated highways within [such] towns 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 abut-
 ting on the highway, and except further that in the  town  of  Hempstead
 speed  limits may be established at not less than fifteen miles per hour
 on any portion of a highway in the communities known  as  Point  Lookout
 and Lido Beach; provided, however, that no such speed limit in such town
 may  be  established  unless  a  majority  of the residents of each such
 community file a petition with the town board of  such  town  requesting
 such  speed  limit. No speed limits shall be established pursuant to the
 provisions of this section except in  accordance  with  the  engineering
 considerations  and factors for speed limits set forth in the manual and
 specifications for a uniform system of  traffic  control  devices  main-
 tained by the commissioner of transportation pursuant to section sixteen
 hundred  eighty  of this title, as such manual and specifications may be
 amended from time to time, certified by a licensed professional engineer
 who specializes in traffic operations.
   2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  LEGISLATIVE BODY OF ANY TOWN MAY BY LOCAL LAW, ORDINANCE,
 ORDER, RULE OR REGULATION ESTABLISH MAXIMUM SPEED LIMITS AT WHICH  VEHI-
 CLES MAY PROCEED WITHIN SUCH TOWN, ALONG STATE HIGHWAYS WITHIN SUCH TOWN
 LOWER  THAN  THE  FIFTY-FIVE MILES PER HOUR MAXIMUM STATUTORY LIMIT, BUT
 NOT LESS THAN TWENTY-FIVE MILES PER  HOUR,  UPON  DEMONSTRATION  THAT  A
 PORTION OF SUCH STATE HIGHWAY IS PARTICULARLY DANGEROUS.
   (B)  CRITERIA  THAT TOWNS SHALL USE TO DEMONSTRATE THAT A PORTION OF A
 STATE HIGHWAY IS PARTICULARLY DANGEROUS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   (I) THE HISTORY OF ACCIDENTS;
   (II) THE PREVALENCE OF PEDESTRIANS;
   (III) PROXIMITY TO EDUCATIONAL INSTITUTIONS;
   (IV) PROXIMITY TO SENIOR HOMES;
   (V) PROXIMITY TO WAREHOUSES; AND
   (VI) OTHER SIMILAR FACTORS, AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (C) A TOWN THAT ADJUSTS A SPEED LIMIT ALONG A STATE  HIGHWAY  PURSUANT
 TO THIS SUBDIVISION BY MORE THAN FIVE MILES PER HOUR SHALL PROVIDE WRIT-
 TEN  NOTICE  TO THE PUBLIC AND PROVIDE AN OPPORTUNITY FOR PUBLIC COMMENT
 AT LEAST SIXTY DAYS PRIOR TO THE CHANGE IN SPEED LIMIT ALONG SUCH  STATE
 HIGHWAY.
   § 4. This act shall take effect immediately.