JURISDICTION: NEW YORK

This chapter summarizes New York State statutes related to speed.

General Reference: McKinney's Consolidated Laws of New York Note: Most citations are to the Vehicle and Traffic Law (V&T Law). New York Code of Rules and Regulations (NYCRR)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not 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. V&T Law §1180(a)

Statutory Speed Limit: 65 MPH on parts of certain designated highways. V&T Law §1180-a(2)

See Other below. 55 MPH V&T Law §§1180(b) & 1180-a(1)

Posted (Maximum) Speed Limit: I. The State Department of Transportation (1) on highways under its jurisdiction⁽¹⁾ or (2) on, county or town roads not in cities or villages via a request by a county or town may establish maximum speed limits <55 MPH.⁽²⁾ V&T Law §§1620(a) & 1622(1) Note: New York law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Certain State created public authorities and commissions may establish maximum speed limits <55 MPH on highways under their jurisdiction.⁽³⁾ V&T Law §§1180-a(1) & 1630(5)

III. Towns⁽⁴⁾ on roads within their exclusive jurisdiction may establish maximum speed limits <55 MPH.⁽⁵⁾ V&T Law §§1180-a(1) & 1662-a

IV. Cites and villages on roads within their exclusive jurisdiction may establish maximum speed limits <55 MPH.⁽⁶⁾ V&T Law §§1180-a(1) & 1643

V. Other local authorities or school districts may establish speed limits <55 MPH on driveways or parking fields under their jurisdiction. V&T Law §1670(3)

Basis for a Speed Law Violation: (continued)

Minimum Speed Limit: No person shall driver a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. V&T Law §1181(a)

Posted (Minimum) Speed Limit: The State on highways under its jurisdiction or a city with a population >1 million may establish minimum safe speed limits. V&T Law §§1181(b), 1620(b) & 1642(a)(5)

Other: I. The State, or local government may establish maximum safe speed limits on bridges and elevated structures on their respective highways. V&T Law §§1620(c), 1644. 1652 & 1663

II. The State or a local government may establish maximum speed limits on restricted highways that are either under construction or reconstruction. Highway Law §104-a & V&T Law §1625(a)(1)

III. An agency having control over a street under construction or maintenance may establish a "work area speed limit" with a limit of not <25 MPH. In addition, the usual speed limit cannot be exceed the work area speed limit by >20 MPH. V&T Law §1180(f)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions. V&T Law §§1180 & 1800(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Basic Speed Rule-Not more than 15 days V&T Law §1180(h)(2)

Violating the Minimum Speed Law or Posted Minimum Speed Limit-1st offense-Not more than 15 days 2nd offense (within 18 months)-Not more than 45 days Subsequent offense (within 18 months)-Not more than 90 days V&T Law §1800(b)

Exceeding 55/65 MPH or the Posted Speed Limits-(1) Exceeding speed limit 10 MPH-None (2) Exceeding speed limit >10 but <30 MPH-Not more than 15 days (3) Exceeding the speed limit >30 MPH-Not more than 30 days V&T Law §1180(h)(1)

Agency Established Construction Zones-(1) Exceeding speed limit 10 MPH-None (2) Exceeding speed limit >10 but <30 MPH-Not more than 30 days (3) Exceeding the speed limit >30 MPH-Not more than 30 days V&T Law §1180(h)(3)

Mandatory Minimum Term: None

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): Basic Speed Rule-Not more than $30 to $100⁽⁷⁾ V&T Law §1180(h)(2)

Violating the Minimum Speed Law or Posted Minimum Speed Limit-1st offense-Not more than $100 2nd offense (within 18 months)-Not more than $200 Subsequent offense (within 18 months)-Not more than $300 V&T Law §1800(b)

Exceeding 55/65 MPH or the Posted Speed Limits-(1) Exceeding speed limit 10 MPH-$30 to $100⁷ (2) Exceeding speed limit >10 but <30 MPH-$60 to $200⁷ (3) Exceeding the speed limit >30 MPH-$120 to $400⁷ V&T Law §1180(h)(1)

Agency Established Construction Zones-(1) Exceeding speed limit 10 MPH-$60 to $100⁷ (2) Exceeding speed limit >10 but <30 MPH-$120 to $200⁷ (3) Exceeding the speed limit >30 MPH-$240 to $400⁷ V&T Law §1180(h)(3)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-Based Upon Habitual or Persistent Traffic Law Violations (Point System)⁽⁸⁾ V&T Law §510(3)(d) Revocation-Based upon 3 or more offenses, within 18 months, involving exceeding the speed limit V&T Law §510(2)(a)(iv)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension or Revocation-Based Upon Habitual or Persistent Traffic Law Violations (Point System)-Note: The law does not provide specific suspension or revocation periods.⁽⁹⁾ V&T Law §510(3)(d) Revocation-Based upon 3 or more offenses, within 18 months, involving exceeding the speed limit-At least 6 months V&T Law §510(6)(a)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Mandatory Minimum Term of

Withdrawal: Suspension or Revocation-Based Upon Habitual or Persistent Traffic Law Violations (Point System)-None⁽¹⁰⁾ Note: Suspension or revocation action is "permissive." V&T Law §510(3)(d) Revocation-None¹⁰

Miscellaneous Sanctions

Not Included Elsewhere: The registrations of the vehicles owned by the offender may also be suspended or revoked. V&T Law §510(2)(a) & (3)

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor V&T Law §1182(1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 30 days V&T Law §1182(1) 2nd offense (within 12 months)-Not more than 6 months V&T Law §1182(2)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$200 to $350 V&T Law §1182(1) 2nd offense (within 12 months)-$350 to $500 V&T Law §1182(2)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation V&T Law §510(2)(a)(vi) & (vii)

Length of Term of

Licensing Withdrawal: 1st offense-At least 6 months V&T Law §510(2)(a)(vi) & (6)(a) 2nd offense (within 3 years)-1 year V&T Law §510(2)(a)(vii)

Mandatory Action--Minimum

Length of License

Withdrawal: None¹⁰

Other: I. The registrations of the vehicles owned by the offender may also be revoked. V&T Law §510(2)(a)

II. The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Reckless Driving: Misdemeanor V&T Law §§1212 & 1801(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 30 days 2nd offense (within 18 months)-Not more than 90 days Subsequent offense (within 18 months)-Not more than 180 days V&T Law §1801(1)

Mandatory Minimum Term

of Imprisonment: None

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Fine ($ Range): 1st offense-Not more than $200 2nd offense (within 18 months)-Not more than $350 Subsequent offense (within 18 months)-Not more than $750 V&T Law §1801(1)

Mandatory Minimum Fine: 1st or subsequent offense-$100 V&T Law §1801(1)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation-Based Upon (1) Dangerous Driving or (2) Habitual or Persistent Traffic Law Violations (Point System)⁸ V&T Law §510(3)(a) & (d)

Length of Term of License

Withdrawal Action: Note: The law does not provide specific suspension or revocation periods.⁹ V&T Law §510(3)(a) & (d)

Mandatory Term of License

Withdrawal Action: None⁽¹¹⁾ Note: Suspension or revocation action is "permissive." V&T Law §510(3)(a) & (d)

Other: I. The registrations of the vehicles owned by the offender may also be suspended or revoked. V&T Law §510(3)

II. The court may order an offender to attend a Driver Improvement Clinic. NYCRR §133.3

Commercial Motor Vehicle (CMV) Operators⁽¹²⁾:

Grounds for Suspension: A person's CDL is suspended if while operating a CMV they either (1) commit 2 "serious traffic violations"⁽¹³⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §6-514(e)

Period of Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days V&T Law §510-a(3)(a) & (b)

Period of Mandatory Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days V&T Law §510-a(3)(a) & (b)

1. ¹This applies to State maintained highways outside of cites with a population >1 million and on Indian reservations. V&T Law §1620(a)

2. ²Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone. V&T Law §1620(a) However, in certain designed areas the speed limit on county or town roads cannot be <30 MPH. V&T Law §1622(2)

3. ³Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone. However, there are exceptions. Lower safe speed limits may be established for bridges and elevated structures. A safe speed limit of not <10 MPH may be established in parks. And, a speed limit of not <5 MPH may be established for passage through toll plazas. V&T Law §1630(5)

4. ⁴"Towns" means either suburban towns governed by Town Law Article 3-a or other towns with a population >50,000. V&T Law §1662-a

5. ⁵Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone or certain of designed towns. However, in certain designed areas the speed limit on town roads cannot be <30 MPH. V&T Law §1662-a

6. ⁶Usually, such speed limits cannot be <25 MPH or <15 MPH in a school zone. However, in certain designed areas the speed limit on county or town roads cannot be <30 MPH. V&T Law §1643

7. ⁷2nd offense (within 18 months)-The maximum fine that can be imposed is increased by $100. V&T Law §1180(h)(4) Subsequent offense (within 18 months)-The maximum fine that can be imposed is increased by $250. V&T Law §1180(h)(4)

8. ⁸Point System. I. An offender may be required to attend a Driver Improvement Clinic if they accumulate 7 to 10 points within 18 months. NYCRR §131.4(b) The licensing agency may take licensing action (suspension or revocation) if the offender has accumulated 11 points within 18 months or 9 points resulting from speeding violations within 18 months. NYCRR §131.4(c) II. The following points have been assigned to speeding or speed related violations: Speeding >40 MPH over the speed limit-11 points; speeding >30 but 40 MPH over the speed limit-8 points; speeding >20 but 30 MPH over the speed limit-6 points; reckless driving-5 points; speeding >10 but 20 MPH over the speed limit-4 points; and, other speeding violations-3 points. NYCRR §131.3(b)

9. ⁹In the case of "permissive" revocations, the law provides that a "new" license cannot be issued for at 30 days. V&T Law §510(6)(g)

10. ¹⁰A "restricted use license" is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving is necessary for employment, business or education. V&T Law §530

11. ¹¹A "restricted use license" is available if license suspension or revocation is ordered. Such license is issued upon a showing that driving is necessary for employment, business or education. However, a person is not eligible for such privileges if they have been convicted of a prior reckless driving offense within 4 years of the present offense. V&T Law §530(2)

12. ¹²A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 15 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. V&T Law §501-a(4)

13. ¹³A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. V&T Law §510-a(4)