N.Y. VAT. LAW § 1180 : NY Code - Section 1180: Basic rule and maximum limits
Search N.Y. VAT. LAW § 1180 : NY Code - 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 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 and white lights pursuant to the provisions of
paragraph two 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.
(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.