| Find a word or phrase on this page: |
|
ARTICLE 30
SPEED RESTRICTIONS
Section 1180. Basic rule and maximum limits.
1180-a. Maximum speed limits.
1181. Minimum speed regulations.
1182. Speed contests and races.
1182-a. Multi-jurisdictional speed contests, races and similar
special events.
1182-b. Filming of movies, commercials and similar events.
§ 1180. Basic rule and maximum limits. (a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.
(c) Except as provided in subdivision (g) of this section, whenever
maximum school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a, no person shall drive in excess of such
maximum school speed limits during:
(1) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
(2) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in effect when such beacons are
flashing, provided, however, that such beacons shall only flash during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities.
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.
2. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established with respect to any restricted highway as authorized in
section sixteen hundred twenty-five, no person shall drive in excess of
such maximum speed limits at any time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red and white lights pursuant to the provisions of
paragraph two of subdivision forty-one of section three hundred
seventy-five of this chapter, when traveling upon any narrow or winding
roadway, and when any special hazard exists with respect to pedestrians,
or other traffic by reason of weather or highway conditions, including,
but not limited to a highway construction or maintenance work area.
(f) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) or (e) of this section or when a lower maximum
speed limit has been established, no person shall drive a vehicle
through a highway construction or maintenance work area at a speed in
excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(g) (i) No person who uses a radar or laser detector in a vehicle with
a gross vehicle weight rating of more than eighteen thousand pounds, or
a commercial motor vehicle with a gross vehicle weight rating of more
than ten thousand pounds, shall drive at a speed in excess of fifty-five
miles per hour or, if a maximum speed limit other than fifty-five miles
per hour as hereinbefore authorized has been established, at a speed in
excess of such speed limit. The presence in any such vehicle of either:
(1) a radar or laser detector connected to a power source and in an
operable condition; or (2) a concealed radar or laser detector where a
part of such detector is securely affixed to some part of the vehicle
outside of the cab, in a manner which renders the detector not readily
observable, is presumptive evidence of its use by any person operating
such vehicle. Either such presumption shall be rebutted by any credible
and reliable evidence which tends to show that such radar or laser
detector was not in use.
(ii) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar or laser detector,
unless otherwise provided by law.
(h) Upon a conviction for a violation of subdivision (b), (c), (d),
(f) or (g) of this section, the court shall record the speed upon which
the conviction was based on the certificate required to be filed with
the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
1. Every person convicted of a violation of subdivision (b) or
paragraph one of subdivision (d) of this section shall be punished as
follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than forty-five
nor more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than ninety nor more than three hundred dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than one
hundred eighty nor more than six hundred dollars, or by imprisonment for
not more than thirty days, or by both such fine and imprisonment.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of
subdivision (d), subdivision (f) or (g) of this section shall be
punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour, but not more than thirty miles per hour,
by a fine of not less than one hundred eighty nor more than three
hundred dollars or by imprisonment for not more than thirty days, or by
both such fine and imprisonment, provided, however, that where the
vehicle is either (A) in violation of any rules or regulations involving
an out-of-service defect relating to brake systems, steering components
and/or coupling devices, or (B) transporting flammable gas, radioactive
materials or explosives, the fine shall be three hundred dollars or
imprisonment for not more than thirty days, or both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than six hundred dollars or by imprisonment for
not more than thirty days or by both such fine and imprisonment,
provided, however, that where the vehicle is either (A) in violation of
any rules or regulations involving an out-of-service defect relating to
brake systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives, the
fine shall be six hundred dollars or imprisonment for not more than
thirty days, or both such fine and imprisonment.
4. Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
shall be punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than three hundred dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than one hundred eighty nor more than six hundred
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than one thousand two hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment.
5. Notwithstanding the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation of any subdivision of this
section where both violations were committed within an eighteen month
period, and the maximum fine provided herein for the violation for which
the person is sentenced may be increased by an additional three hundred
seventy-five dollars if the conviction is for a third or subsequent
violation of any subdivision of this section where all such violations
were committed within an eighteen month period. Where an additional fine
is provided by this paragraph, a sentence of imprisonment for not more
than thirty days may be imposed in place of or in addition to any fine
imposed.
§ 1180-a. Maximum speed limits. 1. Notwithstanding any other provision
of law, no city, village, town, county, public authority, division,
office or department of the state shall maintain or create (a) any speed
limit in excess of fifty-five miles per hour on any road, highway,
parkway or bridge or (b) any speed limit on any other portion of a
public highway, which is not uniformly applicable to all types of motor
vehicles using such portion of highway, if on November first, nineteen
hundred seventy-three, such portion of highway had a speed limit which
was uniformly applicable to all types of motor vehicles using it;
provided however, a lower speed limit may be established for any vehicle
operating under a special permit because of any weight or dimension of
such vehicle, including any load thereon, and (c) provided further,
paragraph (b) of this subdivision shall not apply to any portion of a
highway during such time that the condition of the highway, weather, an
accident, or other condition creates a temporary hazard to the safety of
traffic on such portion of a highway. However, the commissioner of the
department of transportation may establish a maximum speed limit of not
more than sixty-five miles per hour on any state roadway which meets
department criteria for such maximum speed.
2. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon The Governor Thomas E. Dewey
Thruway as such term is defined in section three hundred fifty-six of
the public authorities law, the New York state thruway authority may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
3. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon (a) the southern tier expressway
from a point east of the town of Lowman, in the county of Chemung,
thence generally westerly to the Pennsylvania border and from the
Chemung interchange to New York touring route twenty-six, (b) interstate
route eighty-one from the Pennsylvania border in Broome county to the
interchange with New York state touring route twelve in Jefferson
county, (c) the Adirondack northway portion of interstate route
eighty-seven from the interchange with Crescent Road in Saratoga county
to the province of Quebec, (d) interstate route eighty-eight from the
interchange with New York state touring route three hundred sixty-nine
in Broome county to the interchange with interstate route ninety in
Schenectady county, (e) interstate route three hundred ninety, known as
the Genesee Expressway, from the interchange with the southern tier
expressway in Steuben county to the interchange with interstate route
four hundred ninety in Monroe county, (f) interstate route four hundred
ninety from interstate ninety exit forty-five in Ontario county to the
city of Rochester in Monroe county and from interstate ninety exit
forty-seven in Genesee county to the city of Rochester in Monroe county,
(g) interstate route five hundred ninety from the interchange with
interstate route three hundred ninety in Monroe county to the
interchange with interstate route four hundred ninety in Monroe county,
(h) route seventeen from the interchange with New York touring route
three hundred ninety-four to the Pennsylvania border, (i) interstate
route four hundred eighty-one from the southerly interchange with
interstate route eighty-one in Onondaga county to the northerly
interchange with interstate route eighty-one in Onondaga county, (j) New
York state touring route four hundred eighty-one from the northerly
interchange with interstate route eighty-one in Onondaga county to the
city of Fulton in Oswego county, (k) interstate ninety from exit eight,
in the county of Rensselaer, thence generally easterly to the
interchange with the Berkshire section of The Governor Thomas E. Dewey
Thruway, (l) interstate route six hundred ninety, from the city of
Syracuse and town of Geddes border, thence generally westerly to the
interchange with the New York state thruway, (m) New York state touring
route six hundred ninety, from the interchange with the New York state
thruway, thence generally westerly to its intersection with New York
state touring route forty-eight in the town of Lysander, (n) New York
state touring route six hundred ninety-five, from the interchange with
interstate route six hundred ninety approximately 2.3 miles to the
interchange with New York state touring route five, (o) New York state
touring route five from the interchange with New York state touring
route six hundred ninety-five approximately 5.0 miles to the interchange
with New York state touring route one hundred seventy-four in the town
of Camillus, and (p) route five hundred thirty-one from the interchange
with interstate route four hundred ninety in Monroe county to the
interchange with route thirty-six in Monroe county, and (q) United
States route two hundred nineteen, from the interchange with Armor
Duelles Road in the town of Orchard Park, thence generally southerly to
the interchange with New York state route thirty-nine in the town of
Concord, the commissioner of the department of transportation may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
§ 1181. Minimum speed regulations. (a) No person shall drive a motor
vehicle at such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary for safe
operation or in compliance with law.
(b) Whenever a minimum speed limit has been established as authorized
in sections sixteen hundred twenty or sixteen hundred forty-two, no
person shall drive at a speed less than such minimum speed limit except
when entering upon or preparing to exit from the highway upon which such
a minimum speed limit has been established, when preparing to stop, or
when necessary for safe operation or in compliance with law.
§ 1182. Speed contests and races. 1. Except as provided in section
eleven hundred eighty-two-a of this article or section sixteen hundred
thirty, sixteen hundred forty, sixteen hundred forty-two or sixteen
hundred sixty of this chapter, no races, exhibitions or contests of
speed shall be held and no person shall engage in or aid or abet in any
motor vehicle or other speed contest or exhibition of speed on a
highway. Such event, if held, shall be fully and efficiently patrolled
for the entire distance over which such race, exhibition or contest for
speed is to be held. Participants in a race, exhibition or contest of
speed are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. A violation of
any of the provisions of this section shall constitute a misdemeanor and
be punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment.
2. A second conviction within twelve months of a violation of this
section shall be punishable by imprisonment of not more than six months
or a fine of not less than five hundred twenty-five dollars nor more
than seven hundred fifty dollars, or both such fine and imprisonment.
§ 1182-a. Multi-jurisdictional speed contests, races and similar
special events. 1. Notwithstanding any other provision of law to the
contrary, the department of transportation may, by order, rule or
regulation, prohibit or regulate races, speed contests, exhibitions of
speed or other similar special events which are held on public highways
in more than one county. Participants in an approved race, contest, or
exhibition are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. Such rules and
regulations shall include, among other things, provision for adequate
insurance coverage; provision for approval by the municipalities
involved; provision for payment or reimbursement of all the costs and
expenses of the state which are incurred in connection with such an
event; provision for assumption of risk for damages or claims by the
organizer, sponsor, driver, rider or participant in such event;
provision for the closure of or restriction on public use and travel
upon highways or parts thereof for a certain period of time whenever the
state or local police determine such is necessary to protect the public
safety, security, or convenience. Prior to the scheduled date of a
proposed multi-jurisdictional race, speed contest, exhibition of speed
or other similar special event, the sponsor or organizer shall apply, in
writing, to the department of transportation for consideration of and
authorization to conduct such an event. Such application shall be
reviewed by the commissioner of transportation, the commissioner of
economic development and the superintendent of state police, or their
designees. Only if such persons unanimously agree that the proposed
event should take place, the department of transportation shall continue
the review process and shall establish such reasonable requirements as
are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with any such race, contest or
exhibition. In the event of any such claim being brought against any
such individual employed by the state, the provisions of section
seventeen of the public officers law shall apply.
3. The division of state police and the department of commerce are
hereby authorized to provide necessary support and assistance to the
department of transportation in connection with its power to prohibit or
regulate races, speed contests, exhibitions of speed or other similar
special events pursuant to this section.
§ 1182-b. Filming of movies, commercials and similar events. 1.
Notwithstanding any other provision of law to the contrary, the
department of transportation may, by order, rule or regulation, prohibit
or regulate the filming of movies, commercials and similar events on
state highways. Such rules and regulations shall include, among other
things, provision for adequate insurance coverage; provision for
consultation by the production company of any movie, commercial or
similar events with the municipality involved; provision for payment or
reimbursement of all of the costs and expenses of the state which are
incurred in connection with such an event; provision for assumption of
risk for damages or claims by the production company, its employees and
participants in such event; provision for the closure of or restriction
on public use and travel upon highways or parts thereof for a certain
period of time whenever the state police determine such is necessary to
protect the public safety, security, or convenience. Prior to the
scheduled date of the filming of a movie, commercial or other similar
events, the production company shall apply, in writing, to the
department of transportation for consideration of and authorization to
film such an event. Such application shall be reviewed by the
commissioner of transportation, or his designee, the commissioner of
commerce, or his designee, and the superintendent of state police, or
his designee. Only if such persons unanimously agree that the proposed
filming should take place, the department of transportation shall
continue the review process and shall establish such reasonable
requirements as are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with the filming of a movie,
commercial or similar events. In the event of any such claim being
brought against any such individual employed by the state, the
provisions of section seventeen of the public officers law shall apply.
3. The division of state police and department of commerce are hereby
authorized to provide necessary support and assistance to the department
of transportation in connection with its power to prohibit or regulate
the filming of movies, commercials or other similar events pursuant to
this section.