NYPD is barely enforcing a key Vision Zero law more than a year after it took effect, and it seems the City Council isn’t planning to do anything about it.
The aim of the Right of Way Law, also known as Administrative Code Section 19-190, was to give NYPD precinct officers a tool to penalize motorists who injure or kill. The law made it a misdemeanor for drivers to strike pedestrians and cyclists who have the right of way. After it took effect, NYPD Chief of Transportation Thomas Chan said all 35,000 uniformed officers would be trained to enforce it.
The Right of Way Law is a centerpiece of Mayor de Blasio’s Vision Zero initiative. Failure to yield is the top contributing factor in 27 percent of pedestrian fatalities and severe injuries, according to DOT’s 2010 pedestrian safety study. But NYPD is not applying the law in proportion to the scale of damage caused by drivers who fail to yield.
Precinct cops are starting to use the Right of Way Law, but mostly to issue traffic summonses, not misdemeanor charges. The misdemeanor provision remains the province of the Collision Investigation Squad — and CIS has applied it in just a handful of cases.
Last fall Mayor de Blasio’s office told Streetsblog that, in addition to misdemeanor cases handled by CIS, precinct cops are issuing Section 19-190 summonses for failure-to-yield violations that don’t result in physical harm. The violations are classified as traffic infractions, not crimes, and are subject to a $250 fine.
According to the city’s open data portal (enter “19-190” in the search field), NYPD cited 145 drivers for traffic infractions under Section 19-190 from September 2015, when NYPD began tracking the summonses, through mid-December. Of those 145 cases, 31 were dismissed.
Meanwhile, the number of Right of Way Law misdemeanor cases is stuck in double digits — DNAinfo reported Monday that 31 drivers who killed people were charged criminally in the first 16 months the law was on the books — though New York City drivers injured thousands of people in that time. Nearly all reported charges were filed after crashes worked by CIS, which handles only the most severe collisions, causing critical injury or death.