What's happening
The bill expands DUI law coverage to private roads and parking lots open to public use and allows DEC to set lower speed limits.
Why it matters
Expands DUI enforcement to more areas frequently used by the public,. including private roads and parking lots that are open for public use, not just traditional public highways. This means more places—like mall parking lots or private lanes accessible to the public—fall under DUI laws.
Removes the previous limitation that only “private roads open to motor vehicle traffic” counted,. clarifying that any private road or parking lot open to the general public (not just those allowing cars) is covered, potentially increasing legal exposure for impaired drivers in more situations.
Allows the Department of Environmental Conservation (DEC) to set lower speed limits (down to 10 mph) on highways under its jurisdiction,. which could lead to slower speed limits in state parks, conservation areas, or other DEC-managed lands, enhancing safety for pedestrians, wildlife, and the environment.
Exempts private residential driveways (unless open to public use) from DUI enforcement,. protecting typical homeowners from unintended legal consequences while focusing on areas where the public is likely to be present.
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Who cares
Department of Environmental Conservation
The bill would allow maximum speed limits as low as 10 mph on highways under its jurisdiction when necessary for public safety.
Drivers on private roads open to public use
The bill would make public use, rather than openness to motor vehicle traffic, the standard for applying driving-under-the-influence provisions on private roads.
Owners of one- and two-family residential properties
The bill would remove the exemption from driving-under-the-influence provisions for residential property areas open to public use.
Police and prosecutors
The bill would change where driving-under-the-influence provisions apply, including residential property areas open to public use.
Headline styles
Lower Speed Limits, DUI Updates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.967
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5404
2017-2018 Regular Sessions
IN SENATE
March 24, 2017
Introduced by Sen. ROBACH -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certain speed limits and certain driving under the influence charges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 1192 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988 and as renumbered by chapter 173 of the laws of 1990, is amended to read as follows:
7. Where applicable. The provisions of this section shall apply upon public highways, private roads open to [motor vehicle traffic] public use and any other parking lot. For the purposes of this section "parking lot" shall mean any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles. The provisions of this section shall not apply to any area or areas of private property comprising all or part of property on which is situated a one or two family residence, unless open to public use.
§ 2. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09999-01-7
S. 5404 2
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 maintained 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, recreation 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 established for passage through such toll plazas.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to certain speed limits and certain driving under the influence charges
Purpose of the bill
This bill would amend the Vehicle and Traffic Law (VTL) regarding the use of roads on conservation easement lands and the setting of certain speed limits.
Summary of provisions
Section 1 of this bill would amend VTL § 1192(7) to add "public use" to those private roads that are covered under VTL § 1192 that deals with operating a motor vehicle while under the influence of alcohol or drugs.
Section 2 of this bill would amend VTL § 1630(5) to allow the Department of Environmental Conservation (DEC) to set speed limits below 25 miles per hour.
Section 3 of this bill would make it effective immediately.
Justification
DEC is responsible for the oversight and management for public recreational use and access to hundreds of thousands acres of privately owned lands protected by conservation easements (CE) statewide. On CE lands, the public often has the option to access recreation opportunities on foot and by bicycle as well as motorized means including motor vehicles, snowmobiles and all-terrain vehicles. In many circumstances, public access to CE properties is accomplished using the existing private road network that has been developed and maintained by the fee owner(s) of the property. Large CE properties often have hundreds of miles of private internal roads that are accessed from the shoulder of public highways maintained by state, town and municipal governments.
DEC's law enforcement staff are often at a disadvantage to enforce vehicle and traffic violations in their routine patrols of CE properties because the roads on those properties are only available to public use via the CE agreement. Specifically, there are increasing incidents of individuals operating motor vehicles under the influence of alcohol or drugs. This bill would allow for the enforcement of VTL violations on CE lands, including driving while under the influence of alcohol or drugs.
In addition, DEC manages millions of acres of public lands primarily intended for recreational access and enjoyment, including 52 campgrounds in the Adirondack and Catskill Parks. To create access to those properties, DEC 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. VTL§ 1630 authorizes the DEC and other agencies to adopt-regulations that "prohibit, restrict, or regulate traffic of any highway, property or facility under its jurisdiction." However, it is challenging to enforce this law because the DEC is not among the agencies listed in VTL § 1630(5) that have explicit authority to set speed limits below 25 mph. This bill would address this concern.
Prior legislative history
This is new legislation. FISCAL IMPLICATIONS :
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.