Authorizes municipalities to establish residential speed limit districts with speed limits as low as fifteen miles per hour

7 Co-sponsors

• James S. Alesi
• Charles J. Fuschillo Jr.
• William J. Larkin Jr.
• Thomas P. Morahan
• James L. Seward
• Dean G. Skelos
• George Winner

Title of bill

An act to amend the vehicle and traffic law, in relation to authorizing municipalities to establish residential speed limit districts with speed limits as low as fifteen miles per hour

Purpose

This bill would authorize municipalities, other than the City of New York, to establish speed limits as low as 15 miles per hour on streets designated as residential.

Summary of provisions

Sections 1 and 2 would authorize the governing bodies of cities, towns and villages to designate specific streets as residential streets and to establish speed limits no lower than 15 miles per hour on such streets.

Section 3 would prohibit drivers from operating vehicles in excess of residential speed limits.

Section 4 would establish fines for violating residential speed limits. For speeds up to 10 miles an hour in excess of a residential speed limit, the penalty would be a fine between $60 and $200. For speeds from 11 to 30 miles an hour in excess of a residential speed limit, the penalty would be a fine between $120 to $400, or imprisonment for no more than 15 days, or both. For speeds over 30 miles an hour in excess of a residential speed limit, the penalty would be a fine between $240 to $800, or imprisonment for no more than 30 days, or both.

Justification

Current law prevents municipalities from setting speed limits below 30 miles an hour or below 25 miles an hour in certain circumstances. In areas which are primarily residential, 25 miles an hour does not allow drivers adequate time to react to potentially dangerous situations which may arise in a residential area. For instance, a child playing in a yard might suddenly run out into the road.

Unfortunately, too few drivers realize they need to drive much slower than the speed limit to drive safely in a residential neighborhood. This bill would allow municipalities to determine which streets are residential streets and to establish appropriate lower speed limits. Drivers would be made aware of appropriate speed limits with posted speed limit signs.

Furthermore, some previously quiet residential streets have become busy streets as drivers use residential streets to avoid busier streets and traffic lights. In such neighborhoods, cars speed by at speeds often greater than 30 miles per hour. Where children could once play safely in their yards and people could walk their dogs or take their babies out for a stroll have become busy streets, residents worry about pulling out of their driveways and allowing their children to play in their yards.

This bill would allow municipalities to designate streets as residential and establish appropriate speed limits as low as 15 miles per hour for such streets. The penalties for speeds in excess of a residential speed limit would be the same as currently provided for speeding in a school zone.

Legislative history

2007-08: S.2946/A.5355 2006: S.6512/A.5204 2003-04: A.6263

Fiscal implications

None.

Effective date

Immediately.