NYS Senate passes vision zero bill. Senators declare: An accident is just that — an accident. pic.twitter.com/NnTlfCr83D
— TWU Local 100 (@TWULocal100) June 23, 2015
This afternoon, the New York State Senate passed a bill to provide a broad exemption from certain traffic laws for a large class of professional drivers. If the bill is enacted, police will not be able to detain any bus, taxi, or livery driver who strikes a pedestrian or cyclist with the right of way. These drivers would also not be held at the scene for committing reckless endangerment, assault, or other violations that are outside the scope of the state vehicle and traffic law.
The bill, sponsored by Sen. Martin Malave Dilan, passed in a 54-6 vote. Thomas Croci, John DeFrancisco, Kemp Hannon, Brad Hoylman, Liz Krueger, and Daniel Squadron voted against the bill. It now heads to the Assembly, where it is sponsored by Walter T. Mosley and 17 other legislators. Transportation Alternatives has launched a petition to Assembly Members to stop the bill.
The bill restricts officers who respond to crashes between “omnibus operators” — that includes bus drivers, taxi drivers, and livery drivers — and a pedestrian or cyclist. Police would no longer be able to detain the driver at the scene. So long as the driver has a valid license, remains at the scene, is not suspected of being drunk or high, and cooperates with police, law enforcement is only allowed to issue a desk appearance ticket.
TWU Local 100 pushed for the bill in Albany, selling legislators on the idea of exempting MTA bus drivers from the city’s Right of Way Law, which made it a misdemeanor to injure or kill people with the right of way.
As drafted, the bill carves out a far broader exemption, not only for other drivers, but also for other violations. Mayor de Blasio, Mothers Against Drunk Driving, Families For Safe Streets, and TA oppose the bill. In a memo to legislators, TA and FSS note:
The bill would create a special treatment for a certain set of drivers, mandating different standards for police practices and how the rules of the road are applied. The bill attempts to micro-manage and hamstring the police in an area where police officers must have some level of discretion. Furthermore, the special treatment it seeks does not include an exception for suspected crimes that include more serious degrees of culpability. A police officer could be forced to provide this special treatment even for a reckless or intentionally violent act by a driver behind the wheel.
The bottom line: Anyone who is paid to drive other people won’t face the same consequences as other drivers for behavior that harms pedestrians or cyclists.