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S7537Senate2017-2018 SessionSame asA2431

Remove Outdated Work Zone Signs

Official title

“Requires the removal or covering of inapplicable highway work zone traffic control signs”

Sponsor Robert OrttSD-62Affects Transportation
Status
In Senate Committee
Transportation
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires highway work zone traffic control signs to be promptly covered or removed when they are no longer applicable.

Why it matters

  1. Reduces driver confusion and increases safety. Requiring the prompt removal or covering of outdated work zone signs helps ensure drivers are not misled by warnings or restrictions that no longer apply, reducing the risk of accidents or traffic violations due to unnecessary caution or sudden maneuvers.

  2. Improves compliance and trust in road signage. When signs accurately reflect real-time conditions, drivers are more likely to trust and obey them, fostering better adherence to traffic laws and work zone regulations.

  3. Clarifies responsibility for sign management. The bill explicitly places the duty on state or local authorities to determine when work zone signage is no longer applicable, increasing accountability and setting clear operational standards for road maintenance and construction teams.

  4. Exempts from traffic infractions. By amending the law to exclude this new requirement from the definition of a traffic infraction, it clarifies that failure to remove or cover such signs is not a criminal or penal matter for drivers, but rather an administrative duty for authorities.

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Who cares

Headline styles

Remove Outdated Work Zone Signs

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2431Assembly

Remove Unused Road Work Signs

Assembly Floor Calendar · Sponsor Steven Englebright

Impact 3 · Low0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7537

IN SENATE

January 22, 2018

Introduced by Sen. ORTT -- 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 requiring the removal or covering of inapplicable highway work zone traffic control signs

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The vehicle and traffic law is amended by adding a new section 1686 to read as follows:

§ 1686. Work zone signs. Any sign or signs placed for highway work zone traffic control, including, but not limited to, those placed in highway construction or maintenance work areas, or on restricted highways, shall be promptly covered or removed whenever such sign or signs are not applicable, as determined by the state or local authority having jurisdiction thereon. For the purposes of this subdivision, the term "restricted highway" shall mean a highway designated as such pursuant to section one hundred four-a of the highway law.

§ 2. Section 155 of the vehicle and traffic law, as amended by section 1 of part CC of chapter 58 of the laws of 2015, is amended to read as follows:

§ 155. Traffic infraction. The violation of any provision of this chapter, except articles forty-seven and forty-eight and section sixteen hundred eighty-six of this chapter, or of any law, ordinance, order, rule or regulation regulating traffic which is not declared by this chapter or other law of this state to be a misdemeanor or a felony. A traffic infraction is not a crime and the punishment imposed therefor shall not be deemed for any purpose a penal or criminal punishment and shall not affect or impair the credibility as a witness or otherwise of any person convicted thereof. This definition shall be retroactive and shall apply to all acts and violations heretofore committed where such acts and violations would, if committed subsequent to the taking effect of this section, be included within the meaning of the term "traffic infraction" as herein defined. Except in those portions of Suffolk county for which a district court has been established, outside of cities

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03672-03-8

S. 7537 2

having a population in excess of two hundred thousand but less than two hundred twenty thousand in which administrative tribunals have heretofore been established and outside of cities having a population in excess of one million in which administrative tribunals have heretofore been established, courts and judicial officers heretofore having jurisdiction over such violations shall continue to do so and for such purpose such violations shall be deemed misdemeanors and all provisions of law relating to misdemeanors except as provided in section eighteen hundred five of this chapter and except as herein otherwise expressly provided shall apply except that no jury trial shall be allowed for traffic infractions. In those portions of Suffolk county for which a district court has been established, and in cities having a population in excess of two hundred thousand but less than two hundred twenty thousand in which administrative tribunals have heretofore been established and in cities having a population in excess of one million in which administrative tribunals have heretofore been established, the criminal courts of such cities or portions of Suffolk county in which a district court has been established shall have jurisdiction to hear and determine any complaint alleging a violation constituting a traffic infraction, except that administrative tribunals heretofore established in such cities or portions of Suffolk county in which a district court has been established shall have jurisdiction to hear and determine any charge of an offense which is a traffic infraction, except parking, standing or stopping. In cities having a population in excess of two hundred thousand in which administrative tribunals have heretofore been established, and any such administrative tribunal established by the city of Yonkers, the city of Peekskill, or the city of Syracuse, such tribunals shall have jurisdiction to hear and determine any charge of an offense which is a parking, standing or stopping violation. Any fine imposed by an administrative tribunal shall be a civil penalty. For purposes of arrest without a warrant, pursuant to article one hundred forty of the criminal procedure law, a traffic infraction shall be deemed an offense.

§ 3. Section 155 of the vehicle and traffic law, as amended by chapter 157 of the laws of 2017, is amended to read as follows:

§ 155. Traffic infraction. The violation of any provision of this chapter, except articles forty-seven and forty-eight and section sixteen hundred eighty-six of this chapter, or of any law, ordinance, order, rule or regulation regulating traffic which is not declared by this chapter or other law of this state to be a misdemeanor or a felony. A traffic infraction is not a crime and the punishment imposed therefor shall not be deemed for any purpose a penal or criminal punishment and shall not affect or impair the credibility as a witness or otherwise of any person convicted thereof. This definition shall be retroactive and shall apply to all acts and violations heretofore committed where such acts and violations would, if committed subsequent to the taking effect of this section, be included within the meaning of the term "traffic infraction" as herein defined. Except in those portions of Suffolk county for which a district court has been established, outside of cities having a population in excess of one million in which administrative tribunals have heretofore been established, courts and judicial officers heretofore having jurisdiction over such violations shall continue to do so and for such purpose such violations shall be deemed misdemeanors and all provisions of law relating to misdemeanors except as provided in section eighteen hundred five of this chapter and except as herein otherwise expressly provided shall apply except that no jury trial shall be allowed for traffic infractions. In those portions of Suffolk county

S. 7537 3

for which a district court has been established and in cities having a population in excess of one million in which administrative tribunals have heretofore been established, the criminal courts of such cities or portions of Suffolk county in which a district court has been established shall have jurisdiction to hear and determine any complaint alleging a violation constituting a traffic infraction, except that administrative tribunals heretofore established in such cities or portions of Suffolk county in which a district court has been established shall have jurisdiction to hear and determine any charge of an offense which is a traffic infraction, except parking, standing or stopping. In cities having a population in excess of two hundred thousand in which administrative tribunals have heretofore been established, and any such administrative tribunal established by the city of Yonkers, the city of Peekskill, or the city of Syracuse, such tribunals shall have jurisdiction to hear and determine any charge of an offense which is a parking, standing or stopping violation. Any fine imposed by an administrative tribunal shall be a civil penalty. For purposes of arrest without a warrant, pursuant to article one hundred forty of the criminal procedure law, a traffic infraction shall be deemed an offense.

§ 4. This act shall take effect on the thirtieth day after it shall have become a law; provided that section three of this act shall take effect on the same date and in the same manner as chapter 157 of the laws of 2017, takes effect.

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 requiring the removal or covering of inapplicable highway work zone traffic control signs

Purpose or general idea of bill

To ensure that any sign posted in a construction zone, for the purpose of reducing the speed limit in such zone, be regularly maintained so there can be no confusion as to whether such speed limit reductions apply when no construction is in progress.

Summary of specific provisions

This bill adds a new section 1686 to the Vehicle and Traffic Law which requires that signs placed for highway work zone traffic control shall be promptly covered or removed when they are not applicable, as deter- mined by the state or local authority with jurisdiction thereon.

Justification

In order to ensure proper traffic safety and movement, additional provisions must be made in relation to construction work zones. If special construction speed limits are posted when no construction is underway, there may be confusion among motorists. Safety and expediency of traffic are threatened when motorists have significantly different conceptions of the applicable speed limit. These problems are exacer- bated when some construction projects are more diligent than others in policing the construction speed limit signs. A single, rigorous state- wide standard would make clear to all taxpaying motorists that they need not choose between risking a speeding ticket and interrupting the flow of traffic when there is no construction crew in need of special safety considerations.

Prior legislative history

2005-06 A5195 passed assembly 2007-08 A858 passed assembly 2009-10 A1589 passed assembly 2011-12 A4133 passed assembly 2013-14 A4654 reported referred to third reading 2015-16 A5742 reported advanced to third reading 2017 reported referred to third reading

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law; provided that section three of this act shall take effect on the same date and in the same manner as chapter 157 of the laws of 2017, takes effect.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.