Can a New York city ask the state to install a 15 mph school speed limit on a state highway running past a college?

Plain-English summary

The City of Geneva asked whether the State could set a 15 mph school speed limit on the portion of a state-maintained highway running past Hobart & William Smith Colleges. Geneva first framed the question under Vehicle and Traffic Law § 1643 (speed limits on city streets), but the AG noted that § 1643 applied only to highways not maintained by the State. Because this highway was state-maintained, § 1620 was the governing statute.

§ 1620(a) lets the Department of Transportation set a school speed limit "not less than fifteen miles per hour" on any portion of a state highway passing a "school building," for up to 300 feet in either direction from the building line. The statute did not define "school." DOT's regulations, however, gave the term operational shape.

17 NYCRR § 212.4(b)(1) required four conditions to be present before a school speed limit could be established: a marked crosswalk, the crosswalk supervised, "the school has one or more grades below grade ten," and no nearby alternative pedestrian infrastructure. Because colleges and universities by definition do not enroll students below grade ten, they could not meet the regulatory definition. DOT's interpretation governed, and the AG concluded that a 15 mph school zone could not be set on the highway adjacent to the colleges.

Currency note

This opinion was issued in 2000. 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

Could the city reduce the speed limit by some other mechanism?

The AG did not opine on alternative paths. § 1620 authorizes DOT to set speed limits generally on state highways, and DOT has standards for general limits separate from school zones. The opinion's holding was confined to the specific "school speed limit" tool.

What if the campus included a K-12 lab school?

The regulatory criterion was "one or more grades below grade ten." A K-12 institution embedded on a college campus would presumably qualify on its own facts, but the AG did not address that hybrid scenario.

Why does it matter whether the highway is state-maintained?

§ 1643 governs speed limits on city and village highways "other than state highways maintained by the state." § 1620 governs state-maintained highways. The City of Geneva initially cited § 1643 but confirmed by telephone that the highway was state-maintained, which moved the analysis under § 1620.

Could DOT change the rule by amending 17 NYCRR § 212.4?

Possibly. DOT's school speed limit regulations were administrative. The "below grade ten" condition was a regulation, not a statutory term. The AG's conclusion rested on DOT's interpretation of § 1620, which DOT could in principle revise.

Background and statutory framework

Vehicle and Traffic Law § 1620 authorizes the Department of Transportation to fix maximum speed limits on state highways. Subdivision (a) governs the special "school speed limit" of not less than 15 mph for up to 300 feet in either direction of a school building.

Vehicle and Traffic Law § 1643 authorizes cities and villages to set speed limits on highways within their boundaries, but only on highways not maintained by the State.

17 NYCRR Part 212 contains DOT's traffic control regulations. § 212.4 deals with school speed limit signs. § 212.4(a) defines them as informing motorists of "part-time linear speed regulations established in the vicinity of schools." § 212.4(b)(1) lists the operational criteria for establishing such a zone, including the "one or more grades below grade ten" requirement that excluded postsecondary institutions.

Citations

• Vehicle and Traffic Law § 1620 (DOT speed limits on state highways; school speed limits).
• Vehicle and Traffic Law § 1620(a) (15 mph minimum; 300-foot zone).
• Vehicle and Traffic Law § 1643 (city/village speed limits on non-state-maintained highways).
• 17 NYCRR § 212.4(a) (school speed limit signs defined as relating to schools).
• 17 NYCRR § 212.4(b)(1) (four conditions, including grades below grade ten).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-12_pw.pdf

Original opinion text

Opn. No. 2000-12
VEHICLE AND TRAFFIC LAW §§ 1620, 1643; 17 NYCRR § 212.4(a), (b).
Colleges and universities are not "schools" within the purview of Vehicle and Traffic Law § 1620. Accordingly, a 15- mile-per-hour school speed limit may not be established on that portion of a state highway running adjacent to Hobart & William Smith Colleges in the City of Geneva. July 10, 2000 A. Clark Cannon, Esq. City Attorney City of Geneva 17 Seneca Street Suite Two Geneva, New York 14456

Informal Opinion
No. 2000-12

Dear Mr. Cannon:
You have requested an opinion regarding whether the City of Geneva may ask the State to establish a 15-mile-per-hour school speed limit on the portion of a state highway that runs adjacent to Hobart & William Smith Colleges in the City of Geneva. Specifically, you have inquired whether a college or university is a "school" within the purview of Vehicle and Traffic Law §1620.1 We conclude that it is not a school under that statute, and thus that a school speed limit may not be established on the adjacent state highway. Under Vehicle and Traffic Law § 1620(a) the Department of Transportation ("DOT") may establish a school speed limit of not less than 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. Although the term "school" is not defined in the Vehicle and Traffic Law, DOT has promulgated regulations regarding the use of school speed limit signs that suggest the scope of that definition. According to these regulations, "[s]chool speed limit signs shall be used to inform motorists of part-time linear speed regulations established in the vicinity of schools." 17NYCRR § 212.4(a). The regulations further provide that
[a] school speed limit should be established only if all the following conditions exist: i. The zone contains a marked crosswalk. ii. The crosswalk is supervised. iii. The school has one or more grades below grade ten. iv. There is no nearby traffic control signal, pedestrian overpass or underpass, or bridge suitable for pedestrian use.

17 NYCRR § 212.4(b)(1). Because colleges and universities do not have one or more grades below grade ten, they are not among the schools adjacent to which DOT is authorized to establish school speed limits on state highways. In accordance with DOT's interpretation of the statute, we conclude that colleges and universities are not "schools" within the purview of Vehicle and Traffic Law § 1620. Accordingly, a 15-mile-per-hour school speed limit may not be established on that portion of a state highway running adjacent to Hobart & William Smith Colleges in the City of Geneva. 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 Solicitor General 1 You had asked whether the State may lower the speed limit pursuant to section 1643 of the Vehicle and Traffic Law, which covers speed limits on highways in cities and villages "other than state highways maintained by the state." In a telephone conversation, however, you informed us that the state highway at issue is maintained by the State. Section 1620 of the Vehicle and Traffic Law, rather than section 1643, applies to speed limits on state highways maintained by the State.

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