§ 1180 — Basic rule and maximum limits

New York § 1180

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 30: Speed Restrictions

Text

§ 1180. Basic rule and maximum limits. (a) No person shall drive a\nvehicle at a speed greater than is reasonable and prudent under the\nconditions and having regard to the actual and potential hazards then\nexisting.\n (b) Except as provided in subdivision (g) of this section and except\nwhen a special hazard exists that requires lower speed for compliance\nwith subdivision (a) of this section or when maximum speed limits have\nbeen established as hereinafter authorized, no person shall drive a\nvehicle at a speed in excess of fifty-five miles per hour.\n (c) Except as provided in subdivision (g) of this section, whenever\nmaximum school speed limits have been established on a highway adjacent\nto a school as authorized in section sixteen hundred twenty, sixteen\nhundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three\nor sixteen hundred sixty-two-a, no person shall drive in excess of such\nmaximum school speed limits during:\n (1) school days at times indicated on the school zone speed limit\nsign, provided, however, that such times shall be between the hours of\nseven o'clock A.M. and six o'clock P.M. or alternative times within such\nhours; or\n (2) a period when the beacons attached to the school zone speed limit\nsign are flashing and such sign is equipped with a notice that indicates\nthat the school zone speed limit is in effect when such beacons are\nflashing, provided, however, that such beacons shall only flash during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities.\n (d) 1. Except as provided in subdivision (g) of this section, whenever\nmaximum speed limits, other than school speed limits, have been\nestablished as authorized in sections sixteen hundred twenty, sixteen\nhundred twenty-two, sixteen hundred twenty-three, sixteen hundred\ntwenty-seven, sixteen hundred thirty, sixteen hundred forty-three,\nsixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred\nsixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,\nno person shall drive in excess of such maximum speed limits at any\ntime.\n 2. Except as provided in subdivision (g) of this section, whenever\nmaximum speed limits, other than school speed limits, have been\nestablished with respect to any restricted highway as authorized in\nsection sixteen hundred twenty-five, no person shall drive in excess of\nsuch maximum speed limits at any time.\n (e) The driver of every vehicle shall, consistent with the\nrequirements of subdivision (a) of this section, drive at an appropriate\nreduced speed when approaching and crossing an intersection or railway\ngrade crossing, when approaching and going around a curve, when\napproaching a hill crest, when approaching and passing by an emergency\nsituation involving any authorized emergency vehicle which is parked,\nstopped or standing on a highway and which is displaying one or more red\nor combination red, white, and/or blue lights pursuant to the provisions\nof paragraph two and subparagraph b of paragraph four of subdivision\nforty-one of section three hundred seventy-five of this chapter, when\ntraveling upon any narrow or winding roadway, and when any special\nhazard exists with respect to pedestrians, or other traffic by reason of\nweather or highway conditions, including, but not limited to a highway\nconstruction or maintenance work area, or when approaching a hazard\nvehicle which is parked, stopped or standing on the shoulder or on any\nportion of such highway and such hazard vehicle is displaying one or\nmore amber lights pursuant to the provisions of paragraph three of\nsubdivision forty-one of section three hundred seventy-five of this\nchapter.\n (f) Except as provided in subdivision (g) of this section and except\nwhen a special hazard exists that requires lower speed for compliance\nwith subdivision (a) or (e) of this section or when a lower maximum\nspeed limit has been established, no person shall drive a vehicle\nthrough a highway construction or maintenance work area at a speed in\nexcess of the posted work area speed limit. The agency having\njurisdiction over the affected street or highway may establish work area\nspeed limits which are less than the normally posted speed limits;\nprovided, however, that such normally posted speed limit may exceed the\nwork area speed limit by no more than twenty miles per hour; and\nprovided further that no such work area speed limit may be established\nat less than twenty-five miles per hour.\n (g) (i) No person who uses a radar or laser detector in a vehicle with\na gross vehicle weight rating of more than eighteen thousand pounds, or\na commercial motor vehicle with a gross vehicle weight rating of more\nthan ten thousand pounds, shall drive at a speed in excess of fifty-five\nmiles per hour or, if a maximum speed limit other than fifty-five miles\nper hour as hereinbefore authorized has been established, at a speed in\nexcess of such speed limit. The presence in any such vehicle of either:\n(1) a radar or laser detector connected to a power source and in an\noperable condition; or (2) a concealed radar or laser detector where a\npart of such detector is securely affixed to some part of the vehicle\noutside of the cab, in a manner which renders the detector not readily\nobservable, is presumptive evidence of its use by any person operating\nsuch vehicle. Either such presumption shall be rebutted by any credible\nand reliable evidence which tends to show that such radar or laser\ndetector was not in use.\n (ii) The provisions of this section shall not be construed as\nauthorizing the seizure or forfeiture of a radar or laser detector,\nunless otherwise provided by law.\n (h) Upon a conviction for a violation of subdivision (b), (c), (d),\n(f) or (g) of this section, the court shall record the speed upon which\nthe conviction was based on the certificate required to be filed with\nthe commissioner pursuant to section five hundred fourteen of this\nchapter, or if the conviction occurs in an administrative tribunal\nestablished pursuant to article two-A of this chapter, the speed upon\nwhich the conviction was based shall be entered in the department's\nrecords.\n 1. Every person convicted of a violation of subdivision (b) or\nparagraph one of subdivision (d) of this section shall be punished as\nfollows:\n (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than forty-five\nnor more than one hundred fifty dollars;\n (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour but not more than thirty miles per hour, by\na fine of not less than ninety nor more than three hundred dollars or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment;\n (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than one\nhundred eighty nor more than six hundred dollars, or by imprisonment for\nnot more than thirty days, or by both such fine and imprisonment.\n 2. Every person convicted of a violation of subdivision (a) or (e) of\nthis section shall be punished by a fine of not less than forty-five nor\nmore than one hundred fifty dollars, or by imprisonment for not more\nthan fifteen days, or by both such fine and imprisonment.\n 3. Every person convicted of a violation of paragraph two of\nsubdivision (d), subdivision (f) or (g) of this section shall be\npunished as follows:\n (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than ninety nor\nmore than one hundred fifty dollars;\n (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour, but not more than thirty miles per hour,\nby a fine of not less than one hundred eighty nor more than three\nhundred dollars or by imprisonment for not more than thirty days, or by\nboth such fine and imprisonment, provided, however, that where the\nvehicle is either (A) in violation of any rules or regulations involving\nan out-of-service defect relating to brake systems, steering components\nand/or coupling devices, or (B) transporting flammable gas, radioactive\nmaterials or explosives, the fine shall be three hundred dollars or\nimprisonment for not more than thirty days, or both such fine and\nimprisonment;\n (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than three\nhundred sixty nor more than six hundred dollars or by imprisonment for\nnot more than thirty days or by both such fine and imprisonment,\nprovided, however, that where the vehicle is either (A) in violation of\nany rules or regulations involving an out-of-service defect relating to\nbrake systems, steering components and/or coupling devices, or (B)\ntransporting flammable gas, radioactive materials or explosives, the\nfine shall be six hundred dollars or imprisonment for not more than\nthirty days, or both such fine and imprisonment.\n 4. Every person convicted of a violation of subdivision (c) of this\nsection when such violation occurs in a school speed zone during a\nschool day between the hours of seven o'clock A.M. and six o'clock P.M.,\nshall be punished as follows:\n (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than ninety nor\nmore than three hundred dollars;\n (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour but not more than thirty miles per hour, by\na fine of not less than one hundred eighty nor more than six hundred\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment;\n (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than three\nhundred sixty nor more than one thousand two hundred dollars, or by\nimprisonment for not more than thirty days, or by both such fine and\nimprisonment.\n 5. Notwithstanding the foregoing provisions of this subdivision, the\nmaximum fine provided herein for the violation for which the person is\nsentenced may be increased by an additional one hundred fifty dollars if\nthe conviction is for a second violation of any subdivision of this\nsection where both violations were committed within an eighteen month\nperiod, and the maximum fine provided herein for the violation for which\nthe person is sentenced may be increased by an additional three hundred\nseventy-five dollars if the conviction is for a third or subsequent\nviolation of any subdivision of this section where all such violations\nwere committed within an eighteen month period. Where an additional fine\nis provided by this paragraph, a sentence of imprisonment for not more\nthan thirty days may be imposed in place of or in addition to any fine\nimposed.\n