Can a New York city set a 15 mph school-zone speed limit on a street that dead-ends next to a school but doesn't pass the school building?

Plain-English summary

The City of Canandaigua wanted to set a 15 mph speed limit on a city street that dead-ended at the edge of school district property. The school building itself sat about 85 feet beyond the stub end. The Attorney General's office concluded the city could not.

V&T Law § 1643 narrowly authorizes a 15 mph school-zone speed limit on "any portion of a highway passing a school building" for up to 300 feet in either direction from the school's building line. The text requires the street to actually pass the building. Because Canandaigua's street dead-ended before reaching the school, no part of the street passed it. Even with the rule that the school-zone statute is to be construed liberally (People v Underwood), the AG's office concluded the statutory language left no room to extend the 15 mph cap to a dead-end approach street.

There was a separate option that did not require a lower posted speed limit. Department of Transportation regulations (17 NYCRR § 236.1) allowed the city to post a "school child" warning sign on the street if the location met the regulation's criteria. The city could also ask the Legislature to expand the § 1643 grant.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why couldn't the city just enforce a 15 mph zone since the school was so close? A: V&T Law § 1643 limits the 15 mph school-zone speed limit to highways "passing a school building." The street in question dead-ended at school property and never passed the building, so the statute did not authorize the lower limit. The legislative text controlled.

Q: What does "passing a school building" mean? A: The statute allows the lower limit only on a street segment that runs alongside (or otherwise passes) a school building, extending up to 300 feet in either direction from the building line. A street that ends before reaching the building does not pass it.

Q: What was the People v Grant principle? A: People v Grant, 306 NY 258 (1954), held that regulation of motor vehicles on public highways is preempted by State law unless the Legislature has specifically delegated authority. Local governments cannot create new speed-limit categories on their own.

Q: How does People v Underwood factor in? A: People v Underwood, 36 Misc 2d 498 (Broome County Ct 1962), said school-zone speed-limit provisions should be construed liberally to serve their child-safety purpose. The AG's office accepted that principle but said even a liberal reading could not stretch "passing a school building" to cover a street that did not reach the building.

Q: What could Canandaigua do instead? A: Post a "school child" warning sign under 17 NYCRR § 236.1 if the location qualifies. Such signs warn motorists about school children crossing or walking in the area but do not change the legal speed limit. The city could also lobby the Legislature to amend § 1643 to reach dead-end approaches.

Background and statutory framework

The V&T Law gives the State exclusive authority over regulation of public highways unless the Legislature delegates power to a local government (V&T Law §§ 1603, 1604; People v Grant). Article 39 (V&T Law §§ 1640 to 1645) enumerates the powers delegated to cities and villages. Section 1643 is the school-zone provision. It allows cities and villages, by local law or ordinance, to establish a maximum speed limit as low as 15 mph on "any portion of a highway passing a school building for not more than three hundred feet in either direction from the building line of a school abutting on the highway."

The "passing a school building" language is doing real work. It limits the rule to streets that actually run by the school. A dead-end street that ends short of the school building falls outside the grant, no matter how close the building is.

Department of Transportation regulations at 17 NYCRR § 236.1 cover warning signs. A "school child" warning sign is for "crossing locations, or roadway sections, regularly used by substantial numbers of pedestrian (or bicycling) school children traveling to and from school." The sign warns motorists of school-children use but does not change the speed limit. Canandaigua could install one if the dead-end met the regulation's standards.

Citations and references

Statutes and regulations:

• N.Y. Vehicle and Traffic Law § 1603
• N.Y. Vehicle and Traffic Law § 1604
• N.Y. Vehicle and Traffic Law § 1643 (school-zone speed limits)
• 17 NYCRR § 236.1 ("school child" warning signs)

Cases:

• People v Grant, 306 N.Y. 258 (1954) (V&T Law preempts local highway regulation absent specific delegation)
• People v Underwood, 36 Misc. 2d 498, 501 (Broome County Ct. 1962) (school-zone provisions construed liberally)

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_99-15_pw.pdf

Original opinion text

VEHICLE AND TRAFFIC LAW, ART 39, §§ 1603, 1604, 1640-1645; 17 NYCRR § 236.1 A city may not establish a fifteen-mile-per-hour speed limit on a city street that dead-ends at the edge of school district property, but does not pass a school building. However, the city may be able to warn motorists of the presence of school children by placing a "school child" warning sign on the street.

May 5, 1999
Scott C. Smith, Esq.
Corporation Counsel
City of Canandaigua
20 Gorham Street
Canandaigua, New York 14424

Informal Opinion
No. 99-15

Dear Mr. Smith:
You have requested an opinion regarding whether the City of Canandaigua may establish a fifteen-mile-per-hour speed limit on a city street that dead-ends at the edge of school district property, but does not pass a school building. You informed us that the building line of the school building is eighty-five feet from the stub end of the street. Initially, we note that the power to control and regulate the public highways rests with the State Legislature. Vehicle and Traffic Law §§ 1603, 1604; People v Grant, 306 NY 258 (1954). A local government can legislate on matters pertaining to highways only pursuant to a specific delegation of authority from the Legislature. Id. Article 39 of the Vehicle and Traffic Law empowers cities and villages to regulate certain aspects of traffic within their boundaries. Vehicle and Traffic Law
§§ 1640-1645.
Vehicle and Traffic Law § 1643 provides cities and villages with the authority to enact local laws, ordinances, orders, rules or regulations establishing maximum speed limits on highways within such cities and villages. Specifically, section 1643 authorizes cities and villages to establish speed limits as low as fifteen-miles-per-hour on "any portion of a highway passing a school building for not more than three hundred feet in either direction from the building line of a school abutting on the highway . . . ." Vehicle and Traffic Law § 1643.

2
The language of the statute is clear. A city or village may only establish a fifteen-mile-per-hour speed limit on a highway that passes a school building. The city street at issue dead-ends at the edge of school district property, but does not pass a school building. Therefore, even though the provision in question is to be construed liberally (People v Underwood, 36 Misc 2d 498, 501 [Broome County Ct 1962]), because the city street does not in any sense pass a school building, we are constrained to conclude that the City may not establish a fifteen-mile-per-hour speed limit on this street. The comprehensive preemption of regulation of the streets and highways provides little flexibility. Local governments may regulate streets and highways only pursuant to a specific grant of authority by the Legislature. We note, however, that there is authority to place "school child" warning signs on streets in accordance with Department of Transportation regulations. 17 NYCRR § 236.1. "School child" signs are used "to warn of crossing locations, or roadway sections, regularly used by substantial numbers of pedestrian (or bicycling) school children traveling to and from school." 17 NYCRR § 236.1(a)(1). Specifically, the "school child" sign "provides advance warning of crossing locations, or roadway sections, and informs motorists of their use by pedestrian school children." 17 NYCRR § 236.1(a)(1)(i). The City can place a "school child" warning sign on the street at issue if it falls within the above authorization. Also, the City can request that the Legislature provide authority for a lower speed limit. We conclude that the City of Canandaigua may not establish a fifteen-mile-per-hour speed limit on a city street that dead-ends at the edge of school district property, but does not pass a school building. However, the City may be able to warn motorists of the presence of school children by placing a "school child" warning sign on the street. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours,

YVONNE M. HOVE
Assistant Attorney General