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Steve Matteo and NY1: A Speed Camera Is Working, So Vision Zero Is a Scam

Amanda Farinacci witnessed a “notorious” speed camera lighting up outside a Staten Island elementary school, but saw no speeding drivers. Image: NY1

NY1 reporter Amanda Farinacci witnessed a “notorious” speed camera lighting up outside a Staten Island elementary school, but saw no speeding drivers. Image: NY1

Speeding is the leading cause of fatal traffic crashes in New York City, and with unreliable police enforcement, cameras are essential to protecting New Yorkers from reckless drivers. Data released last summer showed that 20 speed cameras, covering a tiny fraction city streets, issued roughly as many speeding tickets in one month as NYPD did in six months.

Data also show that as drivers become accustomed to traffic cameras, law-breaking becomes less frequent. DOT says this happened after a camera was installed on Goethals Road in Staten Island, according to a report from NY1’s Amanda Farinacci. But the crux of Farinacci’s story isn’t a camera slowing drivers near an elementary school. It’s that speed cameras, and the Vision Zero initiative itself, are a money-making “scam.”

Says Farinacci:

In just 15 minutes time, NY1 witnessed the speed camera flashing eight times. At that rate, it could go off more than 30 times an hour. And with a $50 fine that means it’s big bucks for the city.

Farinacci could have reported that NY1 witnessed eight drivers exceeding the speed limit by 11 or more miles per hour outside a school, and that, thanks to restrictions mandated by Albany, the penalty for those drivers would be a mere $50 each, with no license points. She could have pointed out that motorists killed at least five pedestrians in Staten Island in the last year, and noted that lower speeds save lives.

Instead, Farinacci threw in a couple of standard gripe on the street quotes from motorists who can’t imagine adhering to the new 25 miles per hour speed limit “when they’re used to driving a bit faster.” And she spoke with City Council Member Steve Matteo about the “notorious” speed camera on Goethals Road, where the posted speed is 30 mph — meaning drivers have to be traveling at least 41 mph to get a ticket. Said Matteo:

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Streetsblog USA
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Mother Jones Rang in 2015 By Blaming Drunk People for Getting Hit By Cars

In a hyperbolic article, the left-wing publication Mother Jones interpreted national pedestrian fatality stats to mean people who have been drinking shouldn't walk anywhere on New Year's Eve. Image: Mother Jones

Here’s how Mother Jones presented U.S. pedestrian fatality data in a New Year’s Eve warning to avoid walking after having some drinks. Graphic: Mother Jones

This was the New Year’s revelry advice from Mother Jones, the left-wing, reader-supported magazine: Whatever you do, don’t walk anywhere after drinking. That’s because, Maddie Oatman writes, it makes you more likely to be struck by a driver.

As the basis for her reporting, Oatman used some well worn stats from the National Highway Traffic Safety Administration. In a recent report, NHTSA noted that about a third of pedestrians killed while walking had blood alcohol content of .08 percent or higher at the time. That spurred a victim-blamey, click-baity frenzy in the national media about the dangers of “drunk walking” — as if people on two feet have the same responsibility to remain sober as people operating heavy machinery.

It’s extra disappointing to see a progressive publication like Mother Jones fall into this trap. Telling people not to walk drunk because they might get struck by a car is like telling college women not to drink because they might get raped. It takes a structurally vulnerable class of people — pedestrians — and puts the onus on them to prevent violence at the hands of another group. It is victim blaming, plain and simple.

Walking, on its own, is plainly not dangerous, and neither is walking drunk. What adds an element of risk is traffic — fast-moving traffic in particular. Entirely overlooked in the the NHTSA study and Mother Jones was how road design puts pedestrians — whether they’re healthy and alert and fit, or affected in some way by old age or disability or alcohol — in harm’s way.

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Unlicensed, Hit-and-Run Drivers Kill First NYC Pedestrian Victims of 2015

Motorists struck four pedestrians in two crashes in Manhattan and the Bronx over the weekend, killing two victims. One driver in the Bronx was charged with leaving the scene and reckless driving, while another remains at large. The Manhattan motorist, operating a vehicle with TLC plates, was ticketed for driving without a license, though NYPD blamed the victims in the press. The drivers were not charged for causing death and injury by NYPD or district attorneys Cy Vance and Robert Johnson.

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via Post

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via New York Post

At approximately 7:18 p.m. Saturday, Wesley Mensing and Erin Sauchelli were crossing E. 62nd Street at Lexington Avenue north to south when Aliou Diallo, eastbound on 62nd, drove a Mercedes SUV into them, according to NYPD, the Post, and the Daily News.

Mensing, 27, a noted golf instructor who lived in Scotch Plains, New Jersey, died at the scene. He was the first known New York City pedestrian fatality of 2015. Sauchelli, 30, was hospitalized with head and leg injuries.

Diallo was summonsed — but was not charged criminally — for unlicensed driving, NYPD said. Citing unnamed police sources, the Post reported that Mensing and Sauchelli were “not in the crosswalk,” and an NYPD spokesperson told Streetsblog they were crossing E. 62nd between Lexington and Third Avenue. Yet photos of the scene show the SUV sitting on E. 62nd just a few feet from the intersection, which seems to indicate that Mensing and Sauchelli were struck within or very close to the crosswalk.

NYPD has a history of relying solely on driver testimony when investigating pedestrian and cyclist deaths. Since the Right of Way Law took effect last August, expressly making it a misdemeanor offense for motorists to injure or kill people with the right of way, police have repeatedly blamed deceased pedestrians by claiming they were outside a crosswalk when they were struck by motorists.

NYPD had no information on how fast Diallo was driving, or how he failed to see two people in the street in front of him. Regardless of how the crash occurred, it is a crime in New York State to drive a vehicle if you know or have reason to know you don’t have a valid license. The investigation is “ongoing,” according to NYPD.

Also at issue is how an alleged unlicensed driver was allowed to operate a TLC-licensed vehicle. Saturday’s crash marked at least the second time in the past year that an accused unlicensed driver killed a pedestrian or cyclist with a livery cab. Streetsblog has asked the TLC for information on the livery base associated with the SUV Diallo was driving and whether Diallo had a current hack license at the time of the crash.

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For Traffic Violence Victims, Cy Vance’s “Moneyball” Still a Field of Dreams

You won’t find much discussion of traffic violence in Chip Brown’s 5,500-word encomium to Manhattan District Attorney Cy Vance, published Wednesday by the New York Times Magazine. Other than noting that dismissals of drunk driving cases are down, according to Vance’s office, Brown doesn’t broach the subject at all.

Despite advances in other areas, there is no evidence that Vance has applied his lauded moon shot ethos to traffic crime. Photo: Brad Aaron

Despite advances in other areas, there is no evidence that Manhattan District Attorney Vance, now in his second term, has applied his moon shot ethos to traffic crime. Photo: Brad Aaron

To rein in gang violence and other street-level crime, Brown writes, the Vance team maintains close contact with NYPD, keeps a database of public and private surveillance cameras to track suspects, and even investigates unreported shootings through social media. “Their pole star wasn’t convictions but safety, a goal as readily attained by preventing crime as by prosecuting it,” writes Brown.

“We ask ourselves, Are we doing everything possible to reduce crime?” said Vance hire Chauncey Parker, whose job, according to Brown, is “dreaming up ideas, no matter how outlandish, that might reduce crime.”

It’s telling that while diagramming the gee-whiz mechanics behind Vance’s “intelligence-driven” approach to crime fighting, no one from the Vance camp highlights any data-centric techniques the DA’s office has applied to reducing traffic crashes in Manhattan, which still result in thousands of injuries and deaths per year.

Fortunately, a few paragraphs from another story published yesterday, Jill Abramson’s examination of the suffering and grief caused by reckless drivers, and how it is compounded by the failure of New York City law enforcers to seek justice for victims, fill the gap in Brown’s piece nicely.

Abramson cites the death of 9-year-old Cooper Stock, killed last January by a cab driver while in a crosswalk with his father, as one example of a deadly crash that resulted in no charges from Vance.

The most frequent complaint voiced by the families of dead pedestrians is the reluctance of the city’s D.A.s, especially Manhattan’s Cyrus Vance, to file criminal charges against drivers. “In the Cooper Stock case they could have at least suspended the driver’s license of the cab driver,” said attorney Matthew Dawes, “they just don’t have any cojones.”

This is surprising, because Vance made a campaign vow to abrogate the Rule of Two and to be more aggressive. But early in his tenure, his office had an embarrassing defeat in the case of the death of a 68-year-old woman who was killed by a driver while she was bicycling in Chelsea with her husband over the Fourth of July weekend in 2011.

Her name was Marilyn Dershowitz and she was the sister-in-law of famed law professor Alan Dershowitz. The driver, postal worker Ian Clement, had initially left the scene of the crash. He was acquitted by a jury in 2012.

Since then, there haven’t been any high-profile prosecutions by Vance in traffic death cases.

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Treyger Defends Legislating by Anecdote at Bike-Texting Press Conference

Think there’s already too much media attention devoted to Council Member Mark Treyger’s bill to ban texting while bicycling? He’s just getting started. Joined by other council members and representatives of Bike New York, Treyger held a press conference on the steps of City Hall this morning to extoll the legislation’s importance, framing it as a component of Vision Zero.

With friends like these: Council Member Mark Treyger holds a press conference to tell the media that his texting-while-biking bill is part of Vision Zero. Photo: Stephen Miller

With friends like these: Council Member Mark Treyger holds a press conference to tell the media that his texting-while-biking bill is part of Vision Zero. Photo: Stephen Miller

Treyger introduced the bill after witnessing an incident near his district office on Stillwell Avenue. “A bicyclist was texting while riding his bike, veering into oncoming traffic, almost causing a multi-car crash,” he said. “If heaven forbid someone got hurt that day, the story would’ve been, ‘a motorist, you know, hurt the cyclist’… But the fact is, the cyclist was texting while he was biking, causing a major danger on the street.”

“That could’ve caused a multi-car crash, multiple fatalities,” Treyger said. “That’s why it’s dangerous.”

No doubt, texting and biking don’t mix, but is there any evidence that texting while bicycling has caused actual crashes? When asked for data that show the need for legislation, Treyger only produced stats showing that the number of crashes between cyclists and pedestrians rose from 2012 to 2013. He could not offer data on how often cell phone use by cyclists actually contributes to crashes.

“It is hard to pinpoint exact data,” he said. “Quite frankly, after what I saw, I don’t need to see data to know that was wrong and that was dangerous.”

Multiple times this morning, Treyger underscored that motorists bear the greatest responsibility on the roads. (Let’s see if that point seeps into any of the ensuing press coverage.) He also noted that his bill, which allows first-time offenders in cases where there is no personal injury or property damage to take a class instead of paying a $50 fine, is less punitive than similar texting-while-biking bans in California and Chicago.

Given the fact that there are hundreds of fatal crashes in NYC each year, but none have been attributed to texting while bicycling, I asked Treyger why this bill merits a press conference on the steps of City Hall. “Today we’re shedding light on this issue,” he said. “We’re shedding light on the fact that people have been spotted texting while biking.”

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Treyger’s Texting-and-Biking Bill — a Big Distraction From Vision Zero

City Council Member Mark Treyger insists his bill to penalize cyclists for texting is well-intentioned, but there is no evidence to suggest that the behavior targeted by his proposal is a source of significant danger. Instead of focusing on the real deadly threats on NYC streets, Treyger has triggered a news cycle devoted to a minor transgression that doesn’t register in any serious accounting of traffic deaths and injuries.

Mark Treyger. Photo: NYC Council

Mark Treyger. Photo: NYC Council

Treyger plans to introduce legislation Thursday that would mandate a fine or a safety course for the first time someone is ticketed for texting while riding, with higher fines for subsequent violations. The bill, which Treyger says was inspired by an incident he witnessed outside his office, reportedly has the backing of Ydanis Rodriguez, chair of the council transportation committee, and Mayor de Blasio has indicated he may support it.

As dumb as it may be to text and bike, Treyger hasn’t pointed to data on how many cyclists injure themselves and others while doing it. If such a data set exists, the city hasn’t made it public. But that didn’t stop the press from tossing out unrelated stats as if they were somehow indicative of a major problem.

The Times cited a report on statewide pedestrian injuries caused by cyclists that includes no data on texting, while DNAinfo noted that 118 pedestrians have been killed in NYC so far in 2014, though all but two of those victims were struck by operators of motor vehicles. Both stories cite the two pedestrians killed by cyclists in Central Park this year, though neither of those crashes reportedly involved texting.

“If you’re riding a bicycle and texting, you’re obviously not paying attention to where you’re going, and you could injure yourself or someone else,” Treyger told the Daily News. “If it’s reckless for drivers to do it — which it is — it’s just as irresponsible for cyclists.”

Treyger’s attempt to establish equivalence between texting-and-driving and texting-and-biking is in no way supported by what we know about traffic crashes. Nearly 13,000 crashes in NYC last year were attributed at least in part to driver distraction. Nationally, more than 3,000 people are killed each year in crashes that involve distracted driving, and about 400,000 are injured. Distracted biking, irresponsible as it may be, shouldn’t be mentioned as a comparable threat to public safety.

The City Council and Mayor de Blasio adopted a package of laws aimed at behavior that is hurting and killing people, but there is no indication that NYPD is putting those tools to use with any consistency. That’s a real problem. Passing laws based on speculation and anecdotes isn’t the way to make streets safer.

Streetsblog USA
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Don’t Believe the Headlines: Bike Boom Has Been Fantastic for Bike Safety

safety in numbers 77-12 570

The Governors Highway Safety Association released a report Monday that, the organization claimed, showed that the ongoing surge in American biking has increased bike fatalities.

Transportation reporters around the country swung into action.

“Fatal bicycle crashes on the rise, new study shows,” said the Des Moines Register headline.

“Cycling is increasing and that may be reflected by an increase in fatal crashes,” wrote NJ.com.

“Bike riding, particularly among urban commuters, is up, and the trend has led to a 16 percent increase in cyclist fatalities nationwide,” reported the Washington Post.

Bike fatalities are a serious problem that needs to be tackled. The United States has dramatically higher rates of injury and death on bikes than other rich countries, and it would be appropriate for GHSA, an umbrella organization of state departments of transportation, to issue an urgent call to action to make biking safer. So it’s especially troubling that the main thrust of this report is complete baloney.

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The New Yorker Versus Vision Zero

Cross-posted from Brooklyn Spoke.

The default speed limit in New York City is set to drop to 25 miles per hour on November 7th, and because this is New York some people are not happy about it. Nick Paumgarten of the New Yorker, for example.

A week after Halloween, a new speed limit of twenty-five miles per hour will go into effect on every surface road in the five boroughs of New York City, except where stated otherwise. The idea is to make the streets safer for cyclists and pedestrians, a particular aim of Mayor Bill de Blasio.

Actually, the idea is to make the streets safer for cyclists, pedestrians, and drivers! (Please leave out that last part if you want to play up the “war on motorists” angle.)

Fourteen children were killed by drivers last year. You won’t find a citizen who didn’t wish that this number were zero.

Of course not. But what you will find are a lot of people who don’t want to do anything that could make that wish come true.

Smooth open road is so rare, at least in the denser parts of the city, that a lead foot can hardly resist the urge to hit the gas. In a city of lost time — there’s never enough, never enough — any chance to regain some is sweet.

You’re stuck in gridlock on your way to an appointment or event. Pot holes and winter-scarred roads make it nearly impossible to drive at a comfortable pace. Suddenly, a freshly paved, traffic-free stretch of pavement opens up before you. So, lead foot that you are, you hit the gas. I mean, who can resist, right? Then you hit a child in the crosswalk and that child dies a horrific and violent death, visiting immeasurable grief upon a shocked family and traumatizing dozens of witnesses, all because you had Mets tickets or an 8:05 curtain or something. If there is a philosophical opposite to Vision Zero, it can be found in the sentence, “In a city of lost time — there’s never enough, never enough — any chance to regain some is sweet.”

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It’s Still Legal to Run Over a Child on a New York City Sidewalk [Updated]

An 8-year-old girl run over on the sidewalk outside her Bronx school Friday was one of at least two New York City pedestrians killed by motorists over the weekend. A woman struck while walking to work in Brooklyn Sunday morning was the second victim. No charges have been filed in either crash. NYPD and the Post blamed the Brooklyn victim for her own death.

Rylee Ramos. Photo via Daily News

A driver fatally struck 8-year-old Rylee Ramos and injured several others, including two more children, on the sidewalk outside a Bronx school. No charges were filed. Photo via Daily News

On Friday afternoon, Sonia Rodriguez backed onto a sidewalk adjacent to PS 307, striking 10 people, according to reports. At least two victims, including third-grader Rylee Ramos, were students who had just been dismissed from school. From the Daily News:

Rylee and her friend, Genesis Rodriguez, were only paces away from the school’s front door along Eames Place in Kingsbridge Heights when a blue Honda Accord hopped the curb and hit them about 2:45 p.m. The 55-year-old woman behind the wheel then tried to drive forward but all that did was “hit more people,” said Eliasser Lopez, 11. “It was something out of this world,” Eliasser said of the horror.

When the driver finally stopped, Rylee was injured beyond saving, though some tried to give her CPR. The car hit the girl so hard it crushed one of her lungs, family members said.

“[Sonia] Rodriguez hit a chain-link fence,” the Daily News reported, “a wrought-iron gate and a parked vehicle before pinning little Rylee to a pole, police said.” 

Ramos was pronounced dead at St. Barnabas Hospital. Genesis Rodriguez was hospitalized, as was a 4-year-old girl and four women.

Video posted by the Daily News, embedded after the jump, shows the car backing onto the sidewalk as Rodriguez appears to accelerate. Friday’s incident was reminiscent of a 2013 crash in which a motorist hit five children on a sidewalk near a school in Maspeth. Several children sustained severe, life-altering injuries as a result of the Queens crash, and one victim died days later from a reported asthma attack. The driver, identified as Francis Aung Lu, was not charged by NYPD or District Attorney Richard Brown.

Rodriguez was questioned and released by police after the Bronx crash, according to the Times. Streetsblog has asked DA Robert Johnson’s office if charges are being considered. Update: A source with Johnson’s office says the crash is under investigation.

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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.