Enacts the traffic safety compliance act relative to requests for and study of implementation of traffic control devices in the city

2. Upon completion of the study the city department of transportation ("department") must prepare a written report detailing the analysis completed during the study, including an explanation of the analysis of criteria or warrants considered pursuant to the MUTCD. If a specific location is deemed to fail the criteria and/or warrants, the written report shall provide a detailed explanation of the reasons therefore.

3. A copy of the department's report shall be provided to the party or parties that requested implementation of the traffic control device and shall be available to the public without cost.

4. If the department determines that no traffic control device is warranted, the requesting party shall be entitled to request a review of the findings within sixty days of the date of the notification. The appealing party shall be entitled to submit new data with the appeal that must be considered and addressed in a supplementary report. If after consideration of the appeal the department still determines no traffic control device is warranted, the commissioner shall refer the matter to an independent advisory board to review the department's findings. A copy of the advisory board's findings shall be forwarded to the party or parties and the commissioner. If the advisory board's recommendation is rejected by the commissioner the commissioner shall state the reasons for such rejection in writing.

5. The advisory board shall consist of five members including the deputy mayor for public safety or his or her assignee, the police commissioner or his or her assignee, one person appointed by the commissioner, and two residents appointed by the City Council.

6. After completion of the study pursuant to this section, the department shall not be required to complete another study at the same location for twelve months following.

7. Section 19-197, entitled "collection of accident data", will require that in performance of the study required by section 19-196 the department shall collect and consider accident data. In addition to information received from the state police department accident index system and individual accident reports, the department shall consider accident data from the following sources: reports of accidents contained in affidavits signed by members of the public and traffic accident data collected by the state department of financial services as a result of automobile insurance claims relating to traffic accidents. The state department of financial services shall provide the department with data relating to the occurrence of traffic accidents within the city with specific information identifying the location of reported accidents.

Section 2 of the bill sets forth an effective of one hundred and eighty days after it shall have become a law. JUSTIFICATION :

According to the department, its determinations regarding the placement of traffic control devices are based either in whole or in part upon the federal Manual on Uniform Traffic Control Devices ("MUTCD") traffic standards.

Although the MUTCD standards may set forth reasonable and necessary assessments that must be made in determining a need for a traffic control device, the department has failed on a regular basis to provide any substantiation for determinations that a requested traffic control device is "not warranted". There are numerous examples of intersections throughout the city that are clearly in need of some type of traffic control device, yet the department has deemed that no traffic control device is warranted at that location with minimal, if any, explanation of its analysis that led to such a finding.

In addition, it is also appears that much of the information used by the department to make an assessment is inadequate at best. This includes incomplete accident reports and/or statistics received from the police department, which appear to be the sole group of statistics relied upon by department. As a result, the department is incapable of making a fully informed and reasonable decision on a particular request for a traffic control device if it has insufficient evidence of accident reports and/or statistics.

This legislation will require the department to complete a thorough and timely engineering study pursuant to the requirements of the MUTCD and to provide a detailed written report following completion of these studies. It will also provide for an appeals process where a request for a traffic control device has been deemed "not warranted" and ensures that the ultimate determination of the department is fully explained and disclosed to the public. The bill would also require the department to compile additional accident data which would include affidavits from the public. Veracity of these affidavits is insured by the existence of current penal law provisions regarding the making of false statements or providing false information of false testimony. Finally, the bill would allow for renewed engineering studies to be commenced at a specific location after 12 months, rather than the current 18 months.

Passage of the "traffic safety compliance act", will enhance the department's compliance with the MUTCD and add much needed substantiation and transparency to the department's determination process for the placement of traffic control devices throughout the city.

Legislative history

2013-2014, S327-A 2011-2012, S6908

Fiscal implications

Yet to be determined.

Effective date

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