STATE OF NEW YORK ________________________________________________________________________ 9495--A IN ASSEMBLY March 14, 2024 ___________ Introduced by M. of A. SHRESTHA, SIMON -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 "local control for speed limits." 3 § 2. Section 1643 of the vehicle and traffic law, as amended by chap- 4 ter 496 of the laws of 2022, is amended to read as follows: 5 § 1643. Speed limits on highways in cities and villages. 1. The 6 legislative body of any city or village with respect to highways (which 7 term for the purposes of this section shall include private roads open 8 to public motor vehicle traffic) in such city or village, other than 9 state highways maintained by the state on which the department of trans- 10 portation shall have established higher or lower speed limits than the 11 statutory fifty-five miles per hour speed limit as provided in section 12 sixteen hundred twenty of this title, or on which the department of 13 transportation shall have designated that such city or village shall not 14 establish any maximum speed limit as provided in section sixteen hundred 15 twenty-four of this title, subject to the limitations imposed by section 16 sixteen hundred eighty-four of this title may by local law, ordinance, 17 order, rule or regulation establish maximum speed limits at which vehi- 18 cles may proceed within such city or village, within designated areas of 19 such city or village or on or along designated highways within such city 20 or village higher or lower than the fifty-five miles per hour maximum 21 statutory limit. No such speed limit applicable throughout such city or 22 village or within designated areas of such city or village shall be 23 established at less than twenty-five miles per hour; except that in the 24 city of Long Beach, in the county of Nassau, speed limits may be estab- 25 lished at not less than fifteen miles per hour on any portion of the 26 following highways in such city: Cleveland avenue, Harding avenue, Mitc- 27 hell avenue, Belmont avenue, Atlantic avenue, Coolidge avenue, Wilson EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14343-03-4
A. 9495--A 2 1 avenue and Taft avenue. No such speed limit applicable on or along 2 designated highways within such city or village shall be established at 3 less than twenty-five miles per hour, except that school speed limits 4 may be established at not less than fifteen miles per hour, for a 5 distance not to exceed one thousand three hundred twenty feet, on a 6 highway passing a school building, entrance or exit of a school abutting 7 on the highway and except that within the cities of Buffalo and Roches- 8 ter speed limits may be established at not less than fifteen miles per 9 hour for any portion of a highway within a city park. No speed limits 10 shall be established pursuant to the provisions of this section except 11 in accordance with the engineering considerations and factors for speed 12 limits set forth in the manual and specifications for a uniform system 13 of traffic control devices maintained by the commissioner of transporta- 14 tion pursuant to section sixteen hundred eighty of this title, as such 15 manual and specifications may be amended from time to time, certified by 16 a licensed professional engineer who specializes in traffic operations. 17 2. (a) Notwithstanding the provisions of subdivision one of this 18 section, the legislative body of any city or village with a population 19 of less than one million may by local law, ordinance, order, rule or 20 regulation establish maximum speed limits at which vehicles may proceed 21 within such city or village, along state highways within such city or 22 village lower than the fifty-five miles per hour maximum statutory 23 limit, but not less than twenty-five miles per hour, upon demonstration 24 that a portion of such state highway is particularly dangerous. 25 (b) Criteria that cities and villages shall use to demonstrate that a 26 portion of a state highway is particularly dangerous shall include, but 27 not be limited to: 28 (i) the history of accidents; 29 (ii) the prevalence of pedestrians; 30 (iii) proximity to educational institutions; 31 (iv) proximity to senior homes; 32 (v) proximity to warehouses; and 33 (vi) other similar factors, as deemed appropriate by the commissioner. 34 (c) A city or village that adjusts a speed limit along a state highway 35 pursuant to this subdivision by more than five miles per hour shall 36 provide written notice to the public and provide an opportunity for 37 public comment at least sixty days prior to the change in speed limit 38 along such state highway. 39 § 3. Section 1662-a of the vehicle and traffic law, as amended by 40 chapter 496 of the laws of 2022, is amended to read as follows: 41 § 1662-a. Speed limits in [certain] towns. 1. The town board of any 42 [suburban] town [governed pursuant to article three-A of the town law 43 and the town board of any other town having a population exceeding fifty 44 thousand], with respect to highways (which term for the purposes of this 45 section shall include private roads open to public motor vehicle traf- 46 fic) in [such] towns outside any village, other than state highways 47 maintained by the state on which the department of transportation shall 48 have established higher or lower speed limits than the statutory fifty- 49 five miles per hour speed limit as provided in section sixteen hundred 50 twenty of this title, or on which the department of transportation shall 51 have designated that [such] towns shall not establish any maximum speed 52 limit as provided in section sixteen hundred twenty-four of this title, 53 subject to the limitations imposed by section sixteen hundred eighty- 54 four of this title may by local law, ordinance, order, rule or regu- 55 lation establish maximum speed limits at which vehicles may proceed 56 within [such] towns, within designated areas of [such] towns or on or
A. 9495--A 3 1 along designated highways within [such] towns lower than the fifty-five 2 miles per hour maximum statutory limit. No such speed limit applicable 3 throughout [such] towns or within designated areas of [such] towns shall 4 be established at less than twenty-five miles per hour, except that in 5 the town of Hempstead speed limits may be established at not less than 6 fifteen miles per hour on any portion of a highway in the community 7 known as Point Lookout and on all or any portion of the following high- 8 ways in the community known as Lido Beach: Ocean Boulevard, Allevard 9 Street, Bath Street, Buxton Street, Cheltenham Street, Pinehurst Street, 10 Harrogate Street, Matlock Street, Nantwick Street, Biarritz Street, 11 Royat Street, Luchon Street, Woodhail Street, Leamington Street, Sarato- 12 ga Street, Kensington Street, and Prescott Street; provided, however, 13 that no such speed limit in such town may be established unless a major- 14 ity of the residents of each such community file a petition with the 15 town board of such town requesting such speed limit. No such speed limit 16 applicable on or along designated highways within [such] towns shall be 17 established at less than twenty-five miles per hour, except that school 18 speed limits may be established at not less than fifteen miles per hour, 19 for a distance not to exceed one thousand three hundred twenty feet, on 20 a highway passing a school building, entrance or exit of a school abut- 21 ting on the highway, and except further that in the town of Hempstead 22 speed limits may be established at not less than fifteen miles per hour 23 on any portion of a highway in the communities known as Point Lookout 24 and Lido Beach; provided, however, that no such speed limit in such town 25 may be established unless a majority of the residents of each such 26 community file a petition with the town board of such town requesting 27 such speed limit. No speed limits shall be established pursuant to the 28 provisions of this section except in accordance with the engineering 29 considerations and factors for speed limits set forth in the manual and 30 specifications for a uniform system of traffic control devices main- 31 tained by the commissioner of transportation pursuant to section sixteen 32 hundred eighty of this title, as such manual and specifications may be 33 amended from time to time, certified by a licensed professional engineer 34 who specializes in traffic operations. 35 2. (a) Notwithstanding the provisions of subdivision one of this 36 section, the legislative body of any town may by local law, ordinance, 37 order, rule or regulation establish maximum speed limits at which vehi- 38 cles may proceed within such town, along state highways within such town 39 lower than the fifty-five miles per hour maximum statutory limit, but 40 not less than twenty-five miles per hour, upon demonstration that a 41 portion of such state highway is particularly dangerous. 42 (b) Criteria that towns shall use to demonstrate that a portion of a 43 state highway is particularly dangerous shall include, but not be limit- 44 ed to: 45 (i) the history of accidents; 46 (ii) the prevalence of pedestrians; 47 (iii) proximity to educational institutions; 48 (iv) proximity to senior homes; 49 (v) proximity to warehouses; and 50 (vi) other similar factors, as deemed appropriate by the commissioner. 51 (c) A town that adjusts a speed limit along a state highway pursuant 52 to this subdivision by more than five miles per hour shall provide writ- 53 ten notice to the public and provide an opportunity for public comment 54 at least sixty days prior to the change in speed limit along such state 55 highway. 56 § 4. This act shall take effect immediately.