Authorizes the department of environmental conservation to establish certain speed limits.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the department of environmental conservation to establish certain speed limits
PURPOSE: Authorizes the Department of Environmental Conservation to establish certain speed limits.
SUMMARY OF PROVISIONS: Section 1. Amends subdivision 5 of section 1630 of the vehicle and traffic law to allow the department of environmental conservation to establish certain speed limits.
Section 2. Effective date.
EXISTING LAW: Currently the office of parks, recreation and historic preservation, department of agriculture and markets, and the industrial exhibit authority have the explicit authority to set speed limits below 25 mph.
JUSTIFICATION: The Department of Environmental Conservation manages millions of acres of public lands primarily intended for recreational access and enjoyment, including 52 campgrounds in the Adirondack and Catskill Parks. Those lands are used for hiking, hunting, biking, camping, bird watching and other enjoyment. To create access to those properties, the Department also has roads on the property and has established many regulations to establish safe speed limits to protect pedestrians, families and others using these properties. However, the Department's authority to enforce posted speed limits below 25 mph in its campgrounds was challenged recently. Vehicle & Traffic Law §1630 authorizes the Department and other agencies to adopt regulations that "prohibit, restrict or regulate traffic of any highway, property or facility under its jurisdiction." However, because the Department is not among the agencies listed in VTL 1630(5) that have explicit authority to set speed limits below 25 mph, the County District Attorney involved in the case declined to prosecute the ticket. This bill would make explicit the Department's authority to set speed limits below 25 mph.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
STATE OF NEW YORK ________________________________________________________________________ 7644 IN SENATE June 11, 2012 ___________Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to authorizing the department of environmental conservation to establish certain speed limits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 1630 of the vehicle and traffic law, as amended by chapter 563 of the laws of 2002, is amended to read as follows: 5. Establishment of maximum and minimum speed limits at which vehicles may proceed on or along such highways. No such maximum speed 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, and except that, with respect to bridge and elevated structures that are a part of any such highway, a lower maximum speed limit may be established if it is determined that such lower maximum speed limit is the maximum speed limit which may be main- tained without structural damage to such bridge or structure, and except that, with respect to any highway under the jurisdiction of the office of parks, recreation and historic preservation, other than a parkway as defined in subdivision seventeen of section 1.03 of the parks, recre- ation and historic preservation law, the department of agriculture and markets, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, or the industrial exhibit authority, a maximum speed limit of not less than ten miles per hour may be established on any portion thereof, if it is determined that such lower maximum speed limit is necessary to assure the safety of the public, and except that, with respect to any highway having toll plazas, a maximum speed limit of not less than five miles per hour may be estab- lished for passage through such toll plazas. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16188-01-2