People v. Fried

Citation153 Misc.2d 764,583 N.Y.S.2d 135
PartiesThe PEOPLE of the State of New York v. Marsha C. FRIED, Defendant.
Decision Date09 March 1992
CourtNew York City Court

Leibman & Schreier, Arthur Schreier, White Plains, for defendant.

Anthony J. Grant, Corp. Counsel, The City of White Plains, Dept. of Law, White Plains, for plaintiff.

JAMES B. REAP, Judge.

A. BACKGROUND: Citing General City Law § 20(32) as her authority, defendant moves to dismiss her speeding ticket on the ground that only the White Plains Traffic Commission can establish speed limits within the City of White Plains. She alleges further that since the Common Council and not the Commission established the 30-mile-per-hour limit applicable herein, the speed limit is void. Finally, she states that even if the speed limit is not so void, the maximum fine that can be imposed for a violation is $50. Alternatively, defendant argues that if fines for speeding are not regulated by General City Law § 20(32), then they are regulated by City Ordinance § 302(2), which also provides for a maximum $50 fine for a first offense.

B. ACTION: We disagree with all defendant's positions. The motion is denied and the case is set down for a trial at 10:20 AM on April 10, 1992.

C. REASONING:

1. Article 39 of the Vehicle and Traffic Law (hereinafter referred to as VTL) provides for regulation of traffic by cities.

2. A part of Article 39 is VTL § 1643, which states that the legislative body of the city may establish maximum speed limits within the city. We take judicial notice of the fact the legislative body here is the Common Council. This statute also provides for statewide uniformity in establishing city speed limits and sets the miles-per-hour standards cities must follow. On September 2, 1958 the White Plains Common Council pursuant to VTL § 1643 adopted Section 302(1) of the Traffic Ordinance of the City of White Plains and set the city-wide speed limit at 30 miles-per-hour.

3. VTL § 1600 states that the whole Motor Vehicle and Traffic Law shall be applicable and uniform throughout the state in all its political subdivisions and municipalities and that no local authority shall enact or enforce any local law, etc., in conflict with the VTL unless expressly authorized in the VTL.

4. VTL § 1630 permits certain specified commissions to regulate the speed of traffic at specified state locations. A local traffic commission such as is authorized by General City Law § 20(32) is not among the 1630 permitees.

5. A. General City Law § 20(32) authorizes the White Plains Common Council to create a traffic commission. We think it did so by resolution. See Article VIII- F §§ 238-j, k, and l of the White Plains City Charter (Local Laws No. 1-1954 § 1; LL No. 10-1954 § 1; LL No. 2-1968 § 1; and LL No. 1-1976 § 6). The purposes and duties of the commission as specified at § 238-k are purely advisory in nature. Nowhere does the Local Law authorize this commission to establish speed limits. If it did it would be ultra vires and void because General City Law § 20(32) in the second full paragraph thereof states that such traffic commission when created shall not exercise its exclusive powers and authority within the city to regulate, direct, restrict, or otherwise control the movement of vehicular traffic inconsistently with the provisions of the Vehicle and Traffic Law. We have seen that VTL § 1643 confers upon the legislative body of the city the power to establish speed limits. It does not confer such power on a traffic commission. Moreover, when the last sentence of General City Law § 20(32) says a local traffic commission can set a fine of not more than $50 for violation of its rules and regulations, this can have nothing to do with penalties for speeding violations which are exclusively governed by VTL § 1180.

B. Pursuant to its terms, violations of speed limits set by the local legislative body per VTL § 1643 are covered by VTL 1180(d) and fines for violations are governed by VTL 1180(h). There is a whole statutory scheme created by the New York State Legislature ranging from (a) not more than a $100 fine when 10 miles over the limit up to (b) not less than $60 nor more than $200 for speeds more than 10 but less than 30 miles over the limit and (c) if more than 30 miles over the limit then not less than a $120 fine nor more than a $400 fine may be imposed. Then in VTL § 1180(h)(4) huge increases in fines are provided for second and third speeding convictions within 18 months (plus $250, e.g.). Thus it is possible to impose a fine of $650 in a selected speed case (more than 30 mph over the limit and third conviction). The state legislature has clearly preempted the local field on fines for speed violations and this is another reason why, contrary to defendant's argument, the maximum $50 fine provided by General City Law § 20(32) can have no application to speeding violations where a traffic commission is not expressly authorized by the Common Council to set speed limits, let alone a fine for violating them.

C. At pages 65 and 66 of McKinney's Volume 20 of the General City Law following the discussion of § 20(32), the Governor's memo of approval of the laws of 1948 at chapter 874 is set forth. Among other things he said:

1. "This bill (adding subdivision 32) sets forth a purely permissive plan of traffic regulation and control for cities throughout the state."

2. "... it would emphasize traffic engineering skills in the solution of traffic problems."

3. "It would appear desirable, however, to limit the powers of any traffic agency established pursuant to this bill so as not to destroy the uniformity of traffic rules sought by the State Vehicle and Traffic Law." (This is why the statute says the exercise of authority by a commission shall not be inconsistent with the VTL. Obviously, a maximum fine of $50, no matter how far in excess of the limit a person was speeding nor no matter how many convictions a person had within 18 months, is inconsistent with, and a far cry from, the maximum fine...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT