NY Veh & Traf L § 1180 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 30 - Speed Restrictions 1180 - Basic Rule and Maximum Limits.

§ 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, white, and/or blue lights pursuant to the provisions of paragraph two and subparagraph b of  paragraph  four  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,  or  when  approaching  a  hazard vehicle  which  is parked, stopped or standing on the shoulder or on any portion of such highway and such hazard vehicle  is  displaying  one  or more  amber  lights  pursuant  to  the  provisions of paragraph three of  subdivision forty-one of section  three  hundred  seventy-five  of  this chapter.  (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.