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Maximum and Minimum Speed Limit Rules

V&T section 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 sections 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 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 herein before 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 apart 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 fifty hundred 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 twelve 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 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.

V&T section 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.

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.

V&T section 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.