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Posts from the "Taxis & Limos" Category

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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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Surviving a Walk in NYC Should Not Depend on Luck

As far as Bill de Blasio's NYPD and TLC are concerned, this never happened. Image: CBS 2

As far as Bill de Blasio’s NYPD and TLC are concerned, this never happened. Image: CBS 2

The Taxi and Limousine Commission says it doesn’t know anything about a cabbie who drove onto a Midtown sidewalk, hit a pedestrian, and crashed into a building earlier this week. Other than to deflect blame from the driver, NYPD has refused to release information about the crash.

It happened Monday morning. From the Post:

“He [the pedestrian] was literally flying. He fell right here in front of this window,” said Elsa Gomez, 28, who works in Macaron Cafe on East 59th Street near Madison Avenue.

The cab careened onto the sidewalk at around 11:50 a.m. and continued into the front of an eyeglass store, shattering its window.

“It was a huge, scary noise,” said James Escobar, 50, owner of Page and Smith Opticians.

“We were working inside … and we heard a big, huge boom,” Escobar told CBS 2. “I couldn’t even open the door.”

The pedestrian was hospitalized with a leg injury, reports said. “We were lucky,” said Escobar.

NYPD declined to release information about the cab driver or the victim to the press, other than the normal exculpatory statements about the driver. Police told CBS 2 “the cabbie somehow lost control of his vehicle,” and the Post reported that “his license was valid and there were no signs of criminality.”

When I called the department’s public information office, I was told to send an email request. This is NYPD’s polite way of saying “Go away.” I have emailed NYPD many times in seven-plus years at Streetsblog, and have never received a response. We’ll update if we hear back.

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NYPD Starts Using Vision Zero Law, Charges Driver for Killing UES Pedestrian

NYPD has filed misdemeanor charges against a cab driver who killed an Upper East Side pedestrian, marking the first time police have employed a new law that makes it a crime for drivers to strike pedestrians and cyclists who have the right of way, according to a report in DNAinfo.

NYPD filed criminal charges against the cab driver who killed Silva Gallo on the Upper East Side in August, marking the first time police applied a new Vision Zero law intended to hold drivers accountable for harming pedestrians who have the right of way. Image: WCBS

NYPD filed criminal charges against the cab driver who killed Silvia Gallo on the Upper East Side, marking the first time police applied a new Vision Zero law intended to hold drivers accountable for harming pedestrians who have the right of way. Image: WCBS

Silvia Gallo, 58, was in the crosswalk at E. 79th Street on the afternoon of August 29 when MD Hossain hit her while turning left from Madison Avenue. Gallo was dragged beneath the cab until Hossain came to a stop and witnesses overturned the vehicle, which was still running, to free her. She was pronounced dead at Lenox Hill Hospital.

DNAinfo reports that Gallo, a Pilates instructor, was preparing to leave for Ireland the next day, to work and live with her boyfriend.

Hossain’s hack license was suspended after the crash. Police initially said both the driver and the victim had the right of way — an impossible scenario, since the motorist would have been required to yield, but one that suggested Gallo was in the crosswalk with the walk signal.

Available information indicated the driver could have been charged under Intro 238, now known as code Section 19-190, which took effect on August 22. The law was one of a number of new measures intended to reduce traffic deaths and injuries as part of the mayor’s Vision Zero initiative, but NYPD wasn’t yet ready to put it to use. Motorists have killed at least nine pedestrians and cyclists, including Gallo, since the law took effect.

DNAinfo reports that police filed charges in Gallo’s death last week.

After a month-long probe, the NYPD Collision Investigations Squad determined last Thursday that Hossain had violated the new law. He was arrested at his Bronx home and formally charged. Hossain, who has no previous criminal record, faces a $250 fine per offense and possible jail time under the new law, officials say.

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NYC Cab Drivers Don’t Have to Take an NYC Road Test [Updated]


You can watch the entirety of Thursday’s hearing on Taxi and Limousine Commission Vision Zero rule changes here. Cue to the 41:15 mark in the second video, embedded above, to see TLC board members wonder aloud whether reckless driving is protected by the Constitution, and if it’s really that bad to run over and kill someone while taking a phone call.

But first, other news from yesterday:

  • The TLC previewed two stickers meant to improve cab driver safety. As prescribed by Mayor de Blasio’s Vision Zero Action Plan, one will be placed on every taxi windshield to remind drivers when they make turns that “people are crossing.” The second one, which will be optional, is a bumper sticker for cabs that says “Your choices behind the wheel matter.” There was some question as to where on the windshield the first sticker should be placed — Paul Steely White of Transportation Alternatives testified that it should be on the left, but it seems the TLC, in consultation with DOT, has decided to put them behind rear view mirrors. Regardless, while this is surely a well-intended effort, for cab drivers who are oblivious to actual people in front of their vehicles, you’ve got to question how effective a sticker reminding them to pay attention will be.
  • Speaking of stickers, I took a cab ride a couple of weeks ago and noticed there was no partition sticker reminding passengers to watch for cyclists before opening the rear passenger door. I learned yesterday that these stickers are optional.
  • You can get a TLC license without getting behind the wheel of a cab. ”I was floored to learn that cab drivers are not required to do a road test,” said Dana Lerner, Cooper Stock’s mother, during testimony. “How can a professional driver be hired if they have not been adequately tested on the streets of New York City?” TLC Commissioner Meera Joshi addressed other points made by Lerner, but didn’t speak to the road test question, though the Vision Zero Action Plan calls for more extensive driver training. Update: A TLC spokesperson emailed us to point out that in order to get a TLC license, applicants must possess a chauffeur’s license, which is issued by the state DMV and does require a road test.

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TLC Commish: It’s Up to NYPD to Get Reckless Cab Drivers Off the Streets

Dana Lerner, Cooper Stock's mother, before today's TLC hearing, with City Council Member Helen Rosenthal at left. Photo: Brad Aaron

Dana Lerner, Cooper Stock’s mother, before today’s TLC hearing, with City Council Member Helen Rosenthal at left. Photo: Brad Aaron

The success or failure of a Vision Zero law intended to get reckless cab drivers off the road will depend on how often NYPD issues summonses and charges after serious crashes, the Taxi and Limousine Commission confirmed today.

Cooper Stock, 9, was killed last January by a cab driver who failed to yield on West End Avenue. Signed by Mayor de Blasio in June as part of a package of street safety bills, Cooper’s Law allows the TLC to suspend or revoke hack licenses of cab drivers who cause critical injury or death as a result of breaking traffic laws.

The law takes effect Sunday, but as we reported when the bill passed the City Council, since action against a cab driver’s TLC license hinges on a conviction for a traffic violation or a criminal charge, its effectiveness may be severely compromised. Of thousands of crashes annually in which pedestrians and cyclists are injured and killed, NYPD investigates only a few hundred.

At a public hearing this morning on TLC rule changes necessitated by new Vision Zero laws, Dana Lerner, Cooper’s mother, asked TLC board members and Commissioner Meera Joshi how the law would be enforced. Joshi said the TLC “works closely” with NYPD Chief of Transportation Thomas Chan and the Collision Investigation Squad, which according to Joshi has for the past few months contacted the TLC “within minutes” of any serious crash involving a for-hire driver. Upon getting the word from NYPD, Joshi said, the TLC dispatches inspectors to crash scenes.

The problem with this protocol is that it doesn’t necessarily involve CIS, which still handles a tiny fraction of crashes. And even in cases where known information points to driver behavior as the primary cause of a serious crash, CIS investigations rarely result in summonses or charges.

Despite an unprecedented push from the mayor and City Council to reduce traffic violence, NYPD has shown no signs of reforming its crash investigation policies. This is evident in the department’s failure to enforce another new law, known as Section 19-190, that makes it a misdemeanor for a motorist to harm a pedestrian or cyclist who has the right of way.

Since Section 19-190 took effect in August, New York City motorists have killed at least seven pedestrians and injured countless others. To date, no drivers have been reported charged under the law.

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Will NYPD Apply New Vision Zero Law to Cabbie Who Killed Woman on UES?

NYPD has not filed charges against a cab driver who killed a pedestrian on the Upper East Side last week, despite indications that the crash may warrant a misdemeanor charge under a new city law.

The cab driver who killed a woman on the Upper East Side last week may or may not lose his hack license under Cooper's Law. Image: WCBS

The cab driver who killed a woman on the Upper East Side last week may or may not be charged under a new law that makes it a misdemeanor to strike pedestrians and cyclists who have the right of way. Image: WCBS

Available information suggests the cab driver failed to yield to a pedestrian with the right of way. According to press accounts, the 58-year-old victim was in a crosswalk at around 2 p.m. last Friday when the cab driver, who was northbound on Madison, hit her while turning left onto E. 79th Street. The victim was dragged before the driver came to a stop, leaving her pinned beneath the Nissan NV200 cab until witnesses overturned the vehicle, which was still running, to free her.

The woman was declared dead at Lenox Hill Hospital. As of Thursday morning her identity was still being withheld pending family notification, according to NYPD.

The 30-year-old cab driver was not injured, reports said, and his passenger was treated for a head injury at the scene.

“Preliminarily, both of them had the right of way,” an NYPD spokesperson said. This is not possible, but it is a strong indication that the victim was crossing with the walk signal. Since the motorist would have been required by law to yield in this situation, only the victim would have had the right of way.

A new city law makes it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Intro 238, now known as Section 19-190, took effect last month, but at that time a spokesperson for Mayor de Blasio said NYPD wasn’t yet ready to enforce it.

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Rodriguez Bill Would Use Taxi TV to Help NYPD Close Hit-and-Run Cases

A bill introduced today by City Council Transportation Committee Chair Ydanis Rodriguez [PDF] would require all street hail taxis to display notifications from NYPD about wanted hit-and-run drivers using in-vehicle screens like Taxi TV. If utilized by NYPD, the hope is the technology will help improve the department’s low closure rate for hit-and-run cases.

Taxi TV could help police track down hit-and-run drivers. Photo: nlaspf/Flickr

Taxi TV could help police track down hit-and-run drivers. Photo: nlaspf/Flickr

“Too often hit-and-run drivers escape the scene and avoid punishment for their crimes. I hope that this bill will be effective in holding hit-and-run drivers accountable,” Rodriguez said. “I want to bolster the NYPD’s efforts in locating these drivers so that no one escapes responsibility for their heinous actions.”

The bill, first reported by Capital New York, comes at a time when efforts in other states to broadcast hit-and-run information using AMBER Alert-like systems are gaining steam. The system in Colorado, named the Medina Alert in memory of a hit-and-run victim, sends television, radio, text message, and billboard announcements when police are searching for a hit-and-run driver who has caused death or serious injury. Announcements are sent to police cruisers, taxi drivers, media, truck drivers, and pedicab operators. After an initial implementation in Denver and Aurora, the state passed a law expanding the Medina Alert system statewide earlier this year.

In Oregon, a woman whose son was killed by a drunk hit-and-run driver is hoping that state’s lawmakers will follow suit. California appears poised to pass legislation for a hit-and-run alert system; a bill there has cleared both the Assembly and a Senate committee.

These types of systems are not yet available here. New York State Police told Streetsblog that troopers issue statements to the force’s website, send out social media alerts, and call media outlets directly when requesting the public’s assistance in searching for hit-and-run drivers. NYPD has not replied to a request for comment about its hit-and-run notification protocol.

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DOT: No Plans for Park Avenue Bike Infrastructure After Recent Deaths

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The west side of Park Avenue and 108th Street, facing south. Image: Google Maps

DOT will consider design changes at the Park Avenue intersection in East Harlem where drivers have recently killed three cyclists, but there are no plans for new bike infrastructure along the Park Avenue viaduct.

Livery cab driver Nojeem Odunfa hit cyclist Jerrison Garcia at Park Avenue and E. 108th Street Monday morning, reportedly dragging Garcia 80 feet before stopping. Odunfa was charged with aggravated unlicensed operation and careless driving.

“There’s car accidents here all the time,” a local resident told DNAinfo. ”They drive like this is a highway.”

Park Avenue is divided by a Metro-North viaduct from E. 102nd Street northward. There is car parking on northbound and southbound Park along this 30-block stretch, but no bike lanes. Cyclists on Park must share one through-lane with moving vehicles, and riding on Park or biking across Park entails negotiating intersections with limited visibility.

Jerrison Garcia was the third cyclist killed at 108th and Park since July 2012. Image: I Quant NY

It’s no secret that this segment of Park Avenue is dangerous for people on bikes. Garcia was the third cyclist killed at the E. 108th Street intersection since 2012. There were six additional crashes resulting in cyclist injuries on Park between E. 106th and E. 110th Streets from April to September 2013, according to I Quant NY. Data mapped by Transportation Alternatives’ CrashStat show dozens of cyclist injuries along the viaduct, and one death, from 1995 to 2007.

The viaduct area is also hazardous for pedestrians, and a DOT project to make it safer to walk there is underway. In light of recent cyclist deaths and injuries, on Monday we asked DOT if the agency is reviewing conditions at Park and E. 108th, and if bike infrastructure improvements along the viaduct are in the works.

Here is DOT’s reply:

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Jerrison Garcia, 25, Third Cyclist Killed Near Park Ave. Viaduct in Two Years

Cyclists on Park Avenue are sandwiched between the viaduct and parked cars while contending with moving vehicles and intersections with limited visibility. Image: Google Maps

Cyclists on Park Avenue are sandwiched between the viaduct and parked cars while contending with moving vehicles and intersections with limited visibility. Image: Google Maps

Update: Cab driver Nojeem Odunfa of the Bronx was charged with aggravated unlicensed operation, careless driving, and a right of way violation, according to NYPD. Odunfa was not immediately charged for killing Jerrison Garcia, and, if past patterns hold, he won’t be. Aggravated unlicensed operation carries nominal penalties and tends to be the default charge against sober unlicensed drivers who kill cyclists and pedestrians in NYC.

For the third time in two years, a driver has killed a cyclist at the same Park Avenue intersection, under the Metro-North viaduct in East Harlem. In addition to recent fatalities, data show that Park Avenue along the viaduct is a hotspot for cyclist injuries.

At around 5:15 this morning, a livery cab driver traveling southbound on Park turned left into Jerrison Garcia, who was also southbound, at E. 108th Street, according to DNAinfo.

Blood stains at the intersection marked the roughly 80 feet that police said Garcia was dragged until the livery cab came to a rest on 108th Street.

Garcia, 25, was pronounced dead at Mount Sinai Hospital. The 65-year-old driver, who reportedly works for Glory Car and Limo Service, was taken into police custody. NYPD told Gothamist “it was more than likely he would be charged with driving with a suspended license.”

Park Avenue is divided by the viaduct from E. 102nd Street northward. There is parking on northbound and southbound Park Avenue along this stretch, but there is no designated lane for cyclists, who must share one narrow through-lane with moving vehicles while negotiating intersections with limited visibility.

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Will New Yorkers Get Doored by de Blasio’s Taxi of Tomorrow Opposition?

As Mayor de Blasio weighs the potential $100 million cost of converting his opposition to the Taxi of Tomorrow into official city policy, New Yorkers on two wheels should remember one key feature of the Nissan NV200 selected as the city’s next taxi: It will all but eliminate the possibility of getting doored by an exiting taxi passenger.

The Taxi of Tomorrow would be a win for cyclists. Image: TLC

If it survives the courts and Bill de Blasio, the Taxi of Tomorrow would be a win for cyclists. Image: TLC

The vehicle has sliding doors for backseat passengers, reducing the need for Taxi TV public service announcements reminding passengers not to whip open their doors into the path of a passing cyclist — something that’s not just dangerous, but also against the law.

That improvement and others, including built-in GPS for drivers, rear-side lights to indicate when passengers are entering or exiting, a front-end design that reduces the severity of crashes with pedestrians, “lower-annoyance” horns, and rear cameras drivers can use while backing up, would be lost if the mayor decides to scrap the design.

On Tuesday, a state appeals court reversed a lower court ruling against the city’s Taxi of Tomorrow plan. The case could be appealed to the state’s highest court, and de Blasio said on Wednesday that, although the city’s law department continues to defend the project, he is opposed to it:

I think it is not right to have a single vehicle approved instead of a variety of vehicles that meet certain standards. I don’t like that we’ve lost an opportunity to create jobs here in New York City. I don’t like Nissan’s involvement in Iran. I don’t like a lot of things about this. I think it was a broken process on many levels.

Other criticisms of the Nissan vehicle are that it is not a hybrid and it is not wheelchair-accessible by default. London, which has also selected the NV200 as its new taxi, will have a fully-accessible fleet. A modified accessible version will be made available in New York.

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