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NYC Bike-on-Sidewalk Tickets Most Common in Black and Latino Communities

Chart by Harry Levine and Loren Siegel. Full data, including summonses as a share of population, available on their website.

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Michael Andersen blogs for The Green Lane Project, a PeopleForBikes program that helps U.S. cities build better bike lanes to create low-stress streets.

Of all the possible ways to break the law on a bicycle, pedaling on the sidewalk ought to be one of the most sympathetic.

Yes, sidewalk biking is unpleasant and potentially dangerous to everyone involved. But people wouldn’t bike on sidewalks if they weren’t in search of something they want: physical protection from auto traffic.

A person biking on a sidewalk is just trying to use the protected bike lane that isn’t there. That’s why sidewalk biking falls dramatically the moment a protected lane is installed. When a bike rider fails to follow this law, it’s not good. But it’s usually because the street has already failed to help the rider.

All of which makes it especially disturbing that bans on sidewalk biking seem to be enforced disproportionately on black and Latino riders.

That’s the implication of a recent study from New York City. City University of New York sociologist Harry Levine and civil rights attorney Loren Siegel coded the neighborhoods with the most and fewest bike-on-sidewalk court summonses by whether or not most residents are black or Latino.

Of the 15 neighborhoods with the most such summonses, he found, 12 were mostly black or Latino. Of the 15 neighborhoods with the fewest summonses, 14 did not have a black or Latino majority.

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Eyes on the Street: NYPD Does Its Part to Fuel Brooklyn Bridge Tensions

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Embarrassed by two German artists who reached the top of the Brooklyn Bridge’s west tower this summer (or was it the All-Powerful Bike Lobby?), NYPD has adopted an ingenious solution: Put a motor vehicle on it!

A reader who wishes to remain anonymous sends these observations about the new NYPD security theater at NYC’s most crowded pinch point for pedestrians and cyclists:

There were three (count ‘em) NYPD vehicles (Interceptors) parked on the promenade all day [Sunday]. In each one was a cop, sitting quietly. I was wondering why they weren’t outside of their vehicle helping manage the chaos of tourists and bikes trying to squeeze past them, and then it occured to me – the three vehicles, midspan and one on each approach, were in position to watch the cables leading up to the towers in case someone else tries that “white American Flag” art stunt.

According to someone I met on the bridge who is a frequent visitor there, those posts were there when the crazed Russian tourist climbed to the top, a couple of weeks after the art stunt, but apparently the cops didn’t notice him until he was up there for a while.

I can understand how the cops might have missed something like that, as all three that I passed were busy looking down at their smartphones.

Of course the NYPD found a way to make their positions as obnoxious as possible, bringing up their enclosed motor vehicles and parking them on the promenade, causing tourists to swell around them and create yet another crowding hazard for bicyclists.

On surface streets, the Interceptors are a step up from squad cars in terms of spatial efficiency. But on a narrow, crowded pathway for walking and biking, there’s really no place for them.

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Maximum Penalty for Cab Driver Who Killed Cooper Stock: 15 Days and $750

The cab driver who killed 9-year-old Cooper Stock last January was charged this month with failure to exercise due care, a traffic infraction that carries a maximum 15-day jail sentence and a small fine.

Cooper Stock. Photo: Barron Lerner via ##http://well.blogs.nytimes.com/2014/01/24/treat-reckless-driving-like-drunk-driving/##New York Times##

Cooper Stock. Photo: Barron Lerner via New York Times

According to court records and the office of Manhattan District Attorney Cy Vance, an arrest warrant was issued for Koffi Komlani on October 1. He was arraigned in criminal court on October 7, pled not guilty, and was released on his own recognizance.

Here’s how the Daily News described the latest developments in the case, in a story that ran today:

The cabbie who hit and killed 9-year-old Cooper Stock, as the child crossed the street with his father, has been charged in the boy’s death, the Daily News has learned.

Driver Koffi Komlani was arrested Oct. 8 and charged with failure to exercise due care by the Manhattan district attorney, sources said Thursday.

It’s common for the tabloids to make it seem as if law enforcers are seeing justice done for victims of traffic violence when, in actuality, the motorist in question faces relatively mild consequences. The Daily News story looks like another example.

Failure to exercise due care is a violation of VTL 1146 — Hayley and Diego’s Law. Though Komlani was arraigned in criminal court, this is a traffic violation, not a criminal offense. Drivers summonsed for careless driving are subject to jail time of up to 15 days, fines of up to $750, a license suspension of up to six months, and a mandatory drivers’ ed course. These are maximum penalties. The minimum is no penalty at all.

Prosecutors with Vance’s office told Cooper’s family last spring that they would not be filing criminal charges against Komlani.

The Taxi and Limousine Commission opted not to renew Komlani’s probationary hack license when it expired in July. Vance’s office said the judge suspended his drivers license pending the outcome of the case. Komlani’s next court appearance is scheduled for December.

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NYPD Recommended a Mandatory Helmet Law in 2011

Three years ago, NYPD recommended a mandatory helmet law for all cyclists. While the proposal gained traction among some elected officials, it did not receive support from the Bloomberg administration. The de Blasio administration said yesterday that it won’t back a mandatory helmet law, either. While a helmet law isn’t on the agenda now, it’s a troubling sign that NYPD was so recently in favor of a policy with no proven safety benefit but plenty of potential to discourage cycling.

An NYPD officer rides without a bike helmet. Photo: Liz Patek/Flickr

Three years ago, NYPD recommended a mandatory helmet law for all NYC cyclists. Photo: Liz Patek/Flickr

NYPD Chief of Transportation Thomas Chan revealed the 2011 helmet law plan at a Vision Zero symposium hosted by Columbia University’s Mailman School of Public Health yesterday, and the information was confirmed by a City Hall spokesperson. Other remarks Chan made at the event indicate a disturbing willingness to blame cyclists for getting injured or killed in traffic.

The Vision Zero event featured public health researchers as well as city and federal officials. Outside of Chan’s comments, helmets were discussed only once during the event — a brief mention in discussion of a youth cycling survey, according to notes provided by the Mailman School’s communications department [PDF].

No city where cycling is widespread has improved bike safety with a mandatory helmet law. By sending the message that cycling is an inherently dangerous activity, helmet laws have been shown to discourage people from riding bikes. This puts a damper on the “safety in numbers” effect — the link between higher cycling rates and lower injury rates that researchers attribute to motorists becoming acclimated to cyclists on the street. The net effect is that mandatory helmet laws don’t make biking safer.

Helmet laws also distract from the more important street design and enforcement efforts that make a real dent in traffic violence. It’s telling that helmets are not required in any of the European cities that have been most successful at both encouraging more cycling and reducing traffic injury rates. Closer to home, helmet laws have not proven effective at reducing injury rates in Canada.

The ample evidence that helmet mandates are at odds with the growth of low-risk cycling didn’t stop NYPD’s legislative affairs unit from recommending a helmet law in 2011. Helmets are already required in New York for children age 13 and younger; the police wanted to expand that requirement to all bike riders. The next year, Council Member David Greenfield proposed a mandatory helmet law. Comptroller John Liu followed suit in 2013 with a recommendation to require helmets for bike-share users.

While none of those proposals went anywhere, the fact that NYPD was pursuing a discredited approach to public safety so recently raises questions about whether Vision Zero is only a skin-deep policy at the department. Has NYPD devoted any resources to researching how other police departments have successfully driven down bicyclist injury and fatality rates? Can the department competently safeguard New Yorkers who bike?

Other remarks from Chan yesterday raise more red flags. He said that bicyclists contribute to 74 percent of bike crashes and that 97 percent of cyclists who died in 2004 weren’t wearing helmets. Streetsblog sent multiple requests to NYPD asking where Chan got this data and to clarify the department’s position on helmet laws. When I called to follow up, a spokesperson said the department is “unable to accommodate your request at this time.”

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Speed Kills, But NYPD Won’t Open the Data

On the surface, the crashes that killed Jill Tarlov and Michael Williams last month could hardly have been more different.

Michael Williams and Jill Tarlov.

Michael Williams and Jill Tarlov.

Williams, a 25-year-old rookie cop, was riding in an NYPD van on the Bruckner Expressway shortly after dawn en route to police the Peoples Climate March, when the driver of the van crashed into a concrete median. Tarlov, a 58-year-old mother of two from Fairfield, CT, was walking across Central Park around 4:30 p.m. after a day of birthday shopping for her son, when she was struck by a man cycling on the Park Loop.

A young man at work, a middle-aged woman on a stroll. A passenger in a van, a walker in a park. A wet expressway in early morning, a dry park road on a bright afternoon. Miles and worlds apart, but for the awful suddenness and seeming randomness of their deaths, and the grief left in their wakes.

And this too: excessive speed almost certainly played a part — perhaps the key part — in the crashes that killed them both.

Although Tarlov died of brain trauma from her head striking the pavement, the fact that she was unable to break her fall suggests that the cyclist struck her at high speed.

Williams was thrown from the NYPD van “when the cop driver lost control as he rounded a sharp corner on the rain-slicked Bruckner Expressway in Hunts Point,” the Daily News reported, and smashed into the highway median. Needless to say, the Bruckner Expressway does not have sharp corners — it has curves. The Daily News employed the language of our automobile-centered culture that attempts to conceal the simple fact that the driver was going too fast for the conditions.

By now, the authorities probably know how fast the cyclist and the driver were operating their vehicles. The cyclist who struck Tarlov was widely reported to have been a habitual user of Strava, a mobile app for tracking athletic activity that records real-time speeds via GPS and uploads them continuously from watches and phones to a central database. The NYPD seized the cyclist’s phone and thus presumably has access to the data feed with his second-by-second position and velocity as he rode toward Tarlov on the park loop road. As for the NYPD 2009 Ford Econoline that crashed on the Bruckner, it likely had an event data recorder or “black box” recording the van’s speed in the moments immediately preceding the crash, which would be available to the police.

Yet it is now three weeks and counting, and no data has been released about either crash. Of course, the NYPD never releases its collision investigations, even though the public has every right to that data, and keeping it hidden impedes efforts to prevent future tragedies.

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In a First, NYPD Precinct Officer Charges Driver Under New Right-of-Way Law

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The Law Office of Vaccaro & White is representing the victim in what may be the first case of a precinct-level charge for violating NYC Administrative Code Section 19-190, also known as the Right-of-Way Law.

The Right-of-Way Law provides for criminal misdemeanor penalties for a driver who strikes and injures a pedestrian or cyclist with the right of way. The law was designed to allow precinct-level officers to charge sober but reckless drivers who stay at the scene — something that for years, only a tiny, specialized group of officers assigned to the NYPD Collision Investigation Squad were permitted to do in a handful of the most serious cases.

The crash involved a 70-year-old woman attempting to cross East 96th Street from north to south at the eastern leg of the intersection with Second Avenue, walking from home to the Stanley Isaacs Senior Center. A cab driver who was proceeding westbound on East 96th Street ran a red light and struck her in the crosswalk while she had the walk signal. The victim suffered serious but not life-threatening injuries. The cab driver admitted that his light was red, but claimed that he obeyed the red light and never made contact with the woman. According to the report, the police officer from the 23rd Precinct responding to the crash interviewed an “independent witness” at the scene, concluded that the driver’s account was false, and charged the driver with violation of the Right-of-Way Law.

The charge is significant because it may reflect an end to NYPD’s “observed violation” rule, which prevents precinct cops from issuing citations for motorist violations they do not personally witness, as well as other limits on precinct-level investigation and enforcement against reckless driving.

NYPD crash investigations have until now proceeded along one of two tracks. Only the worst crashes — causing fatalities and critical injuries – are investigated by a 20-member Collision Investigation Squad (CIS), while the other 90 percent of serious crashes are investigated by precinct-level officers.

Under this two-track system, CIS officers can interview witnesses, gather videotape and other forensic evidence, and issue charges against sober drivers who stay at the scene. In contrast, precinct officers responding to non-life-threatening crashes are not permitted to issue summonses for reckless acts not observed by police — in keeping with the so-called “observed violation” rule — and often ignore criminality other than DWI offenses, even hit-and-run cases.

The Right-of-Way Law was designed to remove the limits on precinct-level traffic crash investigation and enforcement and to make precinct officers, who respond to 90 percent of serious crashes, the vanguard for street safety. Two features of the Right-of-Way Law make this possible. First, by defining a driver’s violation of a pedestrian or cyclists’ right of way as a misdemeanor — a crime — instead of a traffic violation, the law eliminates application of the “observed violation” rule (which apparently only applies to traffic violations). Officers no longer have to randomly observe a traffic violation that causes injury in order to take enforcement action against it.

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Vision Zero and the Challenge of Culture Change at NYPD

This is the second post in a two-part piece about how Vision Zero will have to change attitudes toward streets and driving in order to succeed. Read part one here.

New York City is known for its hustle, its people perpetually in a hurry, trying to make good time. It is almost a point of pride for New Yorkers, who view themselves as tougher, faster, and cannier than other people.

Police Commissioner Bill Bratton and Mayor Bill de Blasio at January’s Vision Zero press conference. Photo: Clarence Eckerson, Jr.

But when it comes to driving, hustling to beat the green light or press through a crosswalk can be deadly.

Too many New Yorkers view speeding as normal or even necessary. Even Council Member Mark Weprin, who was moved by his interactions with victims’ families to support Vision Zero initiatives, recently defended drivers in his district who are accustomed to speeding and getting away with it. “I don’t want to be too pie in the sky about this, but we’re going to take law abiding citizens and turn them into law breakers,” Weprin said at a recent council hearing, implying it is unreasonable to expect New Yorkers to obey the speed limit.

“We’re going to be asking New Yorkers to slow down in places where they don’t necessarily want to,” said Transportation Commissioner Polly Trottenberg. “When you get into the more difficult areas of enforcement, education, and culture change… there’s no question, there are a lot of challenges ahead.”

Speeding is rampant in New York City, but enforcement is notoriously lax. NYPD only catches a fraction of the city’s speeding drivers, as data about the city’s speed cameras proved. Twenty cameras — operational only when school activities are happening — issued 48,500 speeding tickets this June, more than five times as many as NYPD officers wrote that month.

“With speed cameras you can see the exact cultural obstacle when you go to Albany,” said Transportation Alternatives Executive Director Paul Steely White. “Legislators are saying ‘Let’s not be unfair to motorists.’ Why are we still having this conversation when we know they’re saving lives?”

The de Blasio administration will make an impact on safety if it continues to redesign streets and step up enforcement, but in the end it will always be up to drivers whether or not they choose to speed. Likewise, the city’s shared culture will determine whether or not these behaviors are still seen as acceptable or normal.

“I think we’ll have been successful in the culture when speeding is perceived as anti-social as drunk driving,” says Steely White.

Beyond Blaming the Victim

Police Commissioner William Bratton was by de Blasio’s side when the mayor announced the Vision Zero initiative in January. “We will be just as aggressive in preventing a deadly crash on our streets as we are in preventing a deadly shooting,” Bratton said. His commitment was an encouraging sign following years of stasis in NYPD’s approach to protecting the public from traffic violence.

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Motorist Fatally Strikes “Very Small” Pedestrian in Chinatown [Updated]

Canal Street, looking west, at Elizabeth Street, where a driver struck and killed a senior this morning. NYPD and a witness says the victim was crossing south to north (left to right) when the driver waiting at the light accelerated into her when the signal changed.  Image: Google Maps

Canal Street, looking west toward Elizabeth Street, where a driver struck a senior this morning. Image: Google Maps

NYPD has filed no charges against a driver who killed a senior in Chinatown this morning.

The victim, believed to be in her 70s, was crossing Canal Street at Elizabeth Street at approximately 4 a.m., when the motorist hit her with a Jeep SUV, according to NYPD and published reports. Based on media accounts and information provided by police, it appears the victim was crossing Canal south to north and was struck when the driver, westbound on Canal, accelerated when the signal changed.

From the Daily News:

“I didn’t see her, she was very small,” said the 64-year-old driver, who was heading west on Canal St. but immediately stopped the car after the collision.

The man, who did not give his name, was in shock when he realized what had happened. “My heart, it’s pounding.”

Armando Noreles, 43, was stopped at the red light in his delivery truck beside the Jeep moments before the SUV slammed into the woman.

“We were waiting at the red light. When the light changed he started driving, and he didn’t see the lady and he just hit the lady.”

NYPD has not released the victim’s identity, pending family notification. She died at New York-Presbyterian Lower Manhattan Hospital. ”We saw her every day, every morning,” Norales told the Daily News. “She was so cute. Early in the morning, she tried to get money collecting cans.”

As of this morning, an NYPD spokesperson said there was “no criminality.” Police had no information on who had the right of way, and said the Collision Investigation Squad was still working the crash.

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NYPD: Failure to Yield Caused Crash That Left Cyclist Brain Dead; No Charges

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD's preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD’s preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

No charges have been filed against the bus driver who left a Roosevelt Island cyclist brain dead last week, even though NYPD’s preliminary investigation shows the driver caused the crash by failing to yield to the cyclist.

Photo: annamariamostrom/Instagram

Photo: annamariamostrom/Instagram

At 9:18 p.m. on Wednesday, October 8, Anna Maria Moström, 29, was riding her bike northbound on Roosevelt Island’s Main Street. A 51-year-old man behind the wheel of a Roosevelt Island Operating Corporation “red bus” going south turned left across her path to enter a turnaround beneath the Motorgate parking garage. The drivers-side bumper struck Moström and she fell off her bike, according to police. She was unresponsive when EMS arrived, and was transported to Weill Cornell Medical Center.

Moström, a model who moved to New York two years ago, is a Roosevelt Island resident. After the crash, her family arrived from Sweden to be by her hospital bed. Although she has undergone surgeries and doctors hope she can begin breathing without a respirator soon, she faces a bleak prognosis for regaining consciousness, according to Swedish newspapers Nöjesbladet and Expressen. The family is making end-of-life preparations including organ donation, according to a friend of Moström’s who spoke to the Daily News.

While the driver was not intoxicated and was not using a cell phone at the time of the crash, NYPD said preliminary investigation results showed that the driver was at fault for not yielding to the cyclist. Although there is a new law to penalize drivers in exactly this type of crash, no summonses have been issued and no charges have been filed against the driver.

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Council Members Press NYPD to Enforce the Law in Death of Sui Leung

Under a new Vision Zero law, a driver who critically injures or kills a pedestrian or cyclist who has the right of way is guilty of a misdemeanor. But nearly two months after it took effect, there is no evidence NYPD is applying the law, known as Section 19-190, as Mayor de Blasio and the City Council intended. This week, three council members expressly asked NYPD to charge a motorist who killed a senior in Manhattan, and the response from NYPD Chief of Transportation Thomas Chan has troubling implications about how police are enforcing the new law.

Image: NBC

On the afternoon of September 25, a commercial van driver hit 82-year-old Sui Leung as she crossed in the crosswalk at Kenmare and Elizabeth Streets. Leung was pronounced dead at Downtown Hospital. NYPD would not identify the driver, but the van belonged to Party Rental Ltd. of Teterboro, New Jersey.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported. NYPD told Streetsblog the driver had a green light. But a visit to the intersection showed that there is no exclusive turn phase at Kenmare and Elizabeth — meaning Leung would have had a walk signal when the driver had a green, and would therefore have had the right of way.

“She had the right of way,” said City Council Member Margaret Chin, who represents the area where the crash occurred. ”The driver is supposed to yield to pedestrians.”

Chin told Streetsblog her staff has spoken with Leung’s family. ”From what we know of Ms. Leung, she’s an active senior,” said Chin. “She goes to the senior center every day. She walks from her home to Chinatown. The family is also very upset about what happened.”

“It’s just so clear that she had the right of way and the driver needs to be prosecuted,” Chin said. “You’re talking about someone getting killed.”

On Wednesday, Chin and other council members sent a letter to Chan [PDF]. Based on the details provided in the NYPD crash report, which according to Chin showed Leung “unquestionably did nothing wrong,” she urged NYPD to file charges under Section 19-190. The letter was co-signed by Council Member Rosie Mendez, who represents the area where Leung lived, and Ydanis Rodriguez, chair of the council transportation committee.

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