Relates to the installation of traffic control devices upon request in cities

BILL NUMBER:S5045

Title of bill

An act to amend the vehicle and traffic law, in relation to the installation of traffic control devices upon request in cities

Summary of provisions

Section 1 of the bill amends the Vehicle and Traffic Law by adding a new section 1682-a that will require the following:

* Section 1(a) sets forth definitions for "elected official", "community board" and "traffic control agency"

* Section 2 mandates that upon written request from an elected official or community board for installation of a traffic control device on a specific public highway, a traffic control agency must a) conduct an engineering study on the viability of the requested installation and (b) if supported by the study, then the device must be installed and (c) if the study does not support the installation then the agency must provide a copy of the study to the requesting party and provide a summary of the study laying out the reasons why the agency believes the study shows the installation is inappropriate

* Section 3 allows the elected official or community board to resubmit their request in writing within 6 months by including documentation refuting the findings of the previous engineering study or laying out changes in conditions which would materially change the outcome of a new engineering study. This section also allows the elected official or community board to resubmit their request in writing within eighteen months without providing any additional documentation or proof of change in conditions.

Section 2 of the bill sets forth an effective date of ninety days after it shall have become a law.

Justification

Elected officials and community boards have often requested installation of traffic control devices within their communities only to be told by the local traffic control agency that no such device is warranted. There is often little to no rationale given for such decisions and copies of engineering studies are only provided following a lengthy and tedious Freedom of Information Law request.

These types of scenarios are repeated throughout the state and are often inexplicable given the obvious need for the requested traffic control devices This legislation will require the local traffic control agencies to conduct engineering studies upon written request from elected officials or community boards and to install the requested device if the study supports such installation. If the study does not support the installation then the traffic control agency must substantiate its decision by providing a copy of the study and a summary which lays out the reasons why the agency believes the study shows the installation is inappropriate. The bill also allows the elected official or community board to challenge the agency's decision by resubmit their request in writing within 6 months by including documentation refuting the findings of the previous engineering study

or laying out changes in conditions which would materially change the outcome of a new engineering study or in the alternative the elected official or community board can simply resubmit their request in writing within eighteen months without providing any additional documentation or proof of change in conditions

This legislation will provide much needed transparency to the local traffic control agency's determination process for the placement of traffic control devices and create a necessary and timely mechanism for elected officials and community boards to challenge the agency's decisions if they can provide documentation that those decisions are in error.

Legislative history

New Bill

Fiscal implications

Yet to be determined.

Effective date

This act shall take effect on the one hundred ninetieth day after is shall have become a law.