2023 New York Laws › VAT - Vehicle and Traffic › Title 8 - Respective Powers of State and Local Authorities › Article 39 - Regulation of Traffic by Cities and Villages › 1642 - Additional Traffic Regulations in Cities Having a Population in Excess of One Million.

§ 1642. Additional  traffic  regulations in cities having a population
in excess of one million. (a) In addition to the other powers granted by
this article, the legislative body of any city having  a  population  in
excess  of  one  million,  may  by  local  law,  ordinance, order, rule,
regulation or health  code  provision  prohibit,  restrict  or  regulate
traffic  on  or  pedestrian  use  of  any  highway  (which term, for the
purposes of this section, shall include any private road open to  public
motor  vehicle  traffic) in such city. The provisions of section sixteen
hundred shall be applicable to  such  local  laws,  ordinances,  orders,
rules,  regulations, and health code provisions, provided, however, that
such local laws, ordinances, orders, rules, regulations and health  code
provisions   shall  supersede  the  provisions  of  this  chapter  where
inconsistent or in conflict with respect  to  the  following  enumerated
subjects:
1. Weights and dimensions of vehicles.
2. Parking, standing, stopping and backing of vehicles.
3.  The  prohibition  or  regulation  of  the  use  of  any highway by
particular vehicles or classes or types  thereof  or  devices  moved  by
human power.
4.  Charging of tolls, taxes, fees, licenses or permits for the use of
the highway or any  of  its  parts,  where  the  imposition  thereof  is
authorized by law.
5. Establishment of minimum speed limits at which vehicles may proceed
on or along such highways.
6. Operation of authorized emergency vehicles.
7. Control of persons and equipment engaged in work on the highway.
8. Hitchhiking and commercial activities.
9.  Use  of  medial  strips  and dividing malls or sections and use of
shoulders of the highway.
10. Right of way of vehicles and pedestrians.
11. Use of the highway by pedestrians, equestrians and animals.
12. Turning of vehicles.
13. Regulation of the direction of the movement of traffic and the use
of traffic lanes.
14. Regulation  of  the  use  of  horns,  lights  and  other  required
equipment of vehicles.
15. Towing and pushing of vehicles, including, but not limited to, the
establishment  of  minimum  insurance  levels  for and the licensing and
regulation of persons engaged in the business of towing, and the  fixing
of maximum charges to be made by such persons for the towing and storage
of disabled vehicles.
16. Objects projecting or hanging outside or on the top of vehicles.
17. Entering and driving off the highway, its roadways, medial strips,
dividing malls and shoulders.
18.   The   prohibition   or  regulation  of  speed  contests,  races,
exhibitions of speed, processions or parades.
19. Littering the highway.
20. Vehicles  illegally  parked,  stopped  or  standing,  or  vehicles
involved  in  accidents,  including, but not limited to, the removal and
storage of such vehicles, the fixing of reasonable charges, to  be  paid
by  the  owner,  operator  or  person  entitled  to possession, for such
removal and storage  and  for  other  expenses  incurred  in  connection
therewith,  the  creation of liens on such vehicles for such charges and
expenses, the enforcement of such liens, the determination of  ownership
or  right  to possession of such vehicles, the time before such vehicles
are  deemed  abandoned  vehicles  pursuant  to  section  twelve  hundred
twenty-four  of  this  chapter,  and  the disposition of the proceeds of
sales held pursuant to said section.
21.   Transportation   of   combustibles,    chemicals,    explosives,
inflammables,  or  other  dangerous  substances,  articles, compounds or
mixtures, including, but not limited to, dangerous articles, as  defined
in section three hundred eighty of this chapter.
22. Traffic signal legend applicable to pedestrians and use of arrows.
23.  Prohibit,  restrict  or  regulate  the  operation  of limited use
vehicles on any street or highway.
24. Prohibition of the operation  of  motorcycles  during  the  period
between  nine post meridian through eight ante meridian along designated
streets or parts of streets on which the properties fronting thereon are
zoned for residential uses. Provided that  notice  of  such  prohibition
shall  be given by the posting of suitable signs at the entrance to each
such street or part thereof and that no such prohibition shall apply  to
a  motorcycle  being  operated  thereon  for  the purpose or as a direct
incident of law enforcement; crime prevention; detection; prevention  or
relief of any condition which may threaten the health, safety or welfare
of persons or property; or direct travel to or from employment.
25.  Parking, standing and stopping of vehicles registered pursuant to
section four hundred four-a  of  this  chapter  or  those  possessing  a
special  vehicle identification parking permit issued in accordance with
section one thousand two hundred three-a of this chapter.
* 26. (a) With respect to highways (which term  for  the  purposes  of
this  paragraph shall include private roads open to public motor vehicle
traffic) in such city, other than state highways maintained by the state
on which the department of transportation shall have established  higher
or lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which  the  department of transportation shall have designated that such
city shall not establish any maximum speed limit as provided in  section
sixteen  hundred  twenty-four  of this title, subject to the limitations
imposed  by  section  sixteen  hundred  eighty-four   of   this   title,
establishment  of  maximum  speed  limits  at which vehicles may proceed
within such city or within designated areas of such city higher or lower
than the fifty-five miles per hour  maximum  statutory  limit.  No  such
speed  limit  applicable throughout such city or within designated areas
of such city shall be established at less  than  twenty-five  miles  per
hour, except that school speed limits may be established at no less than
fifteen  miles  per  hour  pursuant to the provisions of section sixteen
hundred forty-three of this article.
(b) A city shall not lower a speed limit by more than five  miles  per
hour pursuant to this paragraph unless such city provides written notice
and an opportunity to comment to the community board or community boards
established  pursuant  to  section  twenty-eight hundred of the New York
city charter with jurisdiction over the area in which  the  lower  speed
limit  shall  apply.  Such notice may be provided by electronic mail and
shall be provided sixty days prior to the establishment  of  such  lower
speed limit.
* NB Effective until June 19, 2024
* 26.  (a)  With  respect  to highways (which term for the purposes of
this paragraph shall include private roads open to public motor  vehicle
traffic) in such city, other than state highways maintained by the state
on  which the department of transportation shall have established higher
or lower speed limits than the statutory fifty-five miles per hour speed
limit as provided in section sixteen hundred twenty of this title, or on
which the department of transportation shall have designated  that  such
city  shall not establish any maximum speed limit as provided in section
sixteen hundred twenty-four of this title, subject  to  the  limitations
imposed   by   section   sixteen  hundred  eighty-four  of  this  title,

establishment of maximum speed limits  at  which  vehicles  may  proceed
within such city or within designated areas of such city higher or lower
than  the  fifty-five  miles  per  hour maximum statutory limit. No such
speed  limit  applicable throughout such city or within designated areas
of such city shall be established at less than twenty  miles  per  hour,
except  that  (i) school speed limits may be established at no less than
fifteen miles per hour pursuant to the  provisions  of  section  sixteen
hundred  forty-three  of  this article, and (ii) on portions of highways
that consist of three  or  more  vehicular  travel  lanes  in  the  same
direction  outside of New York county, speed limits shall be established
at no less than twenty-five miles per hour.
(b) A city shall not lower or raise a speed  limit  pursuant  to  this
paragraph unless such city provides written notice and an opportunity to
comment  to the community board or community boards established pursuant
to section twenty-eight hundred  of  the  New  York  city  charter  with
jurisdiction  over  the  area  in  which the lower or higher speed limit
shall apply. Such notice may be provided by electronic mail and shall be
provided sixty days prior to the establishment of such lower  or  higher
speed limit and a community board may issue an advisory opinion prior to
the  raising  or  lowering  of  such  speed  limit.  Notwithstanding any
inconsistent provision of this subdivision,  a  speed  limit  applicable
throughout such city shall only be lowered or raised pursuant to a local
law.
* NB Effective June 19, 2024
* 27.  (a)  Establishment  of  maximum  speed limits below twenty-five
miles per  hour  at  which  motor  vehicles  may  proceed  on  or  along
designated  highways  within  such  city  for  the  explicit  purpose of
implementing traffic calming measures as such term  is  defined  herein;
provided,  however, that no speed limit shall be set below fifteen miles
per hour nor shall such speed limit be  established  where  the  traffic
calming  measure  to be implemented consists solely of a traffic control
sign.  Establishment of such a speed limit shall, where  applicable,  be
in   compliance   with   the  provisions  of  sections  sixteen  hundred
twenty-four and sixteen hundred eighty-four  of  this  chapter.  Nothing
contained herein shall be deemed to alter or affect the establishment of
school  speed  limits  pursuant  to  the  provisions  of section sixteen
hundred forty-three of this article. For the purposes of this paragraph,
"traffic calming measures" shall mean any physical  engineering  measure
or measures that reduce the negative effects of motor vehicle use, alter
driver  behavior  and  improve conditions for non-motorized street users
such as pedestrians and bicyclists.
(b) Any city establishing maximum speed limits below twenty-five miles
per hour pursuant to clause (i) of  this  subparagraph  shall  submit  a
report  to  the  governor, the temporary president of the senate and the
speaker of the assembly on or before March first, two  thousand  fifteen
and  biannually  thereafter  on  the  results  of  using traffic calming
measures and speed limits lower  than  twenty-five  miles  per  hour  as
authorized  by  this paragraph. This report shall also be made available
to the public by such city on its website. Such  report  shall  include,
but not be limited to the following:
(i)  a  description  of  the designated highways where traffic calming
measures and a lower speed limit were established and
(ii) a description of the specific traffic calming measures  used  and
the maximum speed limit established and
(iii)  a  comparison  of  the  aggregate type, number, and severity of
accidents reported on streets on which street calming measures and lower
speed limits were implemented in the year preceding  the  implementation
of  such measures and policies and the year following the implementation

of such measures  and  policies,  to  the  extent  this  information  is
maintained by any agency of the state or the city.
* NB Effective until June 19, 2024
* 27. (a) Establishment of maximum speed limits below twenty miles per
hour at which motor vehicles may proceed on or along designated highways
within  such  city  for  the  explicit  purpose  of implementing traffic
calming measures as such term is defined herein; provided, however, that
no speed limit shall be set below ten miles  per  hour  nor  shall  such
speed  limit  be  established  where  the  traffic calming measure to be
implemented consists solely of a traffic control sign. Establishment  of
such  a  speed  limit shall, where applicable, be in compliance with the
provisions of sections sixteen hundred twenty-four and  sixteen  hundred
eighty-four  of  this title. Nothing contained herein shall be deemed to
alter or affect the establishment of school speed limits pursuant to the
provisions of section sixteen hundred forty-three of this  article.  For
the  purposes  of  this paragraph, "traffic calming measures" shall mean
any physical engineering measure or measures that  reduce  the  negative
effects  of  motor  vehicle  use,  alter  driver  behavior  and  improve
conditions for  non-motorized  street  users  such  as  pedestrians  and
bicyclists.
(b)  Any city establishing maximum speed limits below twenty miles per
hour pursuant to clause (i) of this subparagraph shall submit  a  report
to  the  governor, the temporary president of the senate and the speaker
of the assembly on or before  March  first,  two  thousand  fifteen  and
biannually  thereafter  on the results of using traffic calming measures
and speed limits lower than twenty miles per hour as authorized by  this
paragraph.  This  report  shall  also be made available to the public by
such city on its website. Such report shall include, but not be  limited
to the following:
(i)  a  description  of  the designated highways where traffic calming
measures and a lower speed limit were established;
(ii) a description of the specific traffic calming measures  used  and
the maximum speed limit established;
(iii)  an  explanation  of the reasons for setting lower speed limits,
how those lower speed limits comply with engineering standards, and  how
they  will  ensure  that  motor vehicles can operate at safe speeds in a
manner that optimizes all road users' safety and convenience; and
(iv) a comparison of the  aggregate  type,  number,  and  severity  of
accidents reported on streets on which street calming measures and lower
speed  limits  were implemented in the year preceding the implementation
of such measures and policies and the year following the  implementation
of  such  measures  and  policies,  to  the  extent  this information is
maintained by any agency of the state or the city.
* NB Effective June 19, 2024
(b) The police commissioner of any such city may,  in  any  emergency,
suspend  within  such  city  or  any  part  thereof,  for  a  period  of
forty-eight hours, any provision of title seven of this chapter  or  any
local law, ordinance, order, rule or regulation adopted pursuant to this
article.  In  the  event of any such suspension, the police commissioner
shall forthwith give notice thereof to the official, board or agency  of
such  city  having  jurisdiction  to  promulgate  traffic regulations in
relation to any place affected by such suspension.