2023 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.