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Posts from the Traffic Enforcement Category

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NYPD: No ROW Charge for Driver Who Killed Moshe Grun in UWS Crosswalk

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unknown if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unclear if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

Will NYPD file Right of Way Law charges against a driver who fatally struck Moshe Grun in an Upper West Side crosswalk? A sergeant from the 20th Precinct wouldn’t answer that question, denying Grun had died before deferring to an investigator who was on vacation.

Grun, 59, was crossing Broadway at W. 62nd Street, in the marked crosswalk, when the westbound driver of a commercial van hit him while turning left onto southbound Broadway, according to reports and photos from the scene.

From JP Updates:

FDNY responded to the scene and found Grun trapped under the van. After rescuing him he was transported to St. Luke’s Hospital in cardiac arrest, with serious leg and head injuries.

The crash happened on June 1 at around 7 p.m. Grun died after three days in the hospital, JP Updates reported.

“The man was crossing and the van smashed into him,” a witness told the Daily News.

The News reported that, according to anonymous police sources, Grun was “crossing against the light.” But if the driver had a green light, Grun should have had a walk signal. Photos from the scene show the van in the Broadway crosswalk on the south side of the intersection.

The Post, DNAinfo, and WNBC also reported the crash, and none indicated Grun was violating traffic rules.

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TWU Demands to Be Allowed to Kill People Who Have the Right of Way

The Transport Workers Union is making a great case for why the Right of Way Law should apply to all drivers.

The law made it a misdemeanor for drivers to strike pedestrians or cyclists with the right of way. As part of its campaign to secure a special exemption for bus drivers, TWU Local 100 launched a work slowdown on 181st Street in Washington Heights this morning. From 7 a.m. to 9 a.m., according to the Post, drivers were instructed not to enter crosswalks if pedestrians were present and to come to a complete stop if people were crossing.

The implication: Under normal conditions, maiming and killing pedestrians is the inevitable cost of operating buses.

In a perfect illustration of its disregard for people’s right to cross the street safely, TWU tweeted a photo this morning of a bus operator waiting to turn left as a woman in the crosswalk checked her phone. “Bus waits to take a left turn as oblivious pedestrian crosses intersection,” the union tweeted. The woman had the light — and the right of way.

The union was targeting City Council Transportation Committee Chair Ydanis Rodriguez, who represents the area. Rodriguez himself would not comment for this story, but his spokesperson, Lucas Acosta, said he is undecided on the bus driver exemption. “The council member is exploring all of the legislation regarding the Right of Way Law and has yet to come out in support or opposition,” Acosta said. “He is reviewing the MTA regulations.”

Update 5:43 p.m.: City Council Transportation Committee Chair Ydanis Rodriguez says he opposes amending the Right of Way Law to exempt bus drivers.

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Unions Agree: Let Bus Drivers Kill People With the Right of Way

Unions whose leaders think it’s ok for bus drivers to kill law-abiding New Yorkers

Unions whose leaders think it’s ok for bus drivers to kill law-abiding New Yorkers

Just about all of New York’s major labor unions signed a Transport Workers Union letter demanding that MTA bus drivers be allowed to legally injure and kill people who are walking or biking with the right of way.

The letter, dated June 11, was sent to New York City Council members [PDF]. The unions want the council to pass a bill that would exempt bus drivers from the Right of Way Law.

The letter was signed by heads of the New York State AFL-CIO, the New York City Central Labor Council, the Hotel Trades Council, 1199SEIU, the United Federation of Teachers, the Uniformed Firefighters Association, and others.

One union chief who didn’t sign the letter: Pat Lynch of the Patrolmen’s Benevolent Association, which represents NYPD officers.

After the requisite lip service to “the goal of reducing traffic accidents,” the unions object to “arresting, handcuffing and charging bus operators like common criminals for accidents that do not involve speeding, texting or some other form or demonstrably reckless behavior.”

The implicit meaning of that statement? Hitting and killing someone with the right of way is just an “accident” if you’re driving a bus. Union officials who signed the letter agree with TWU that bus drivers should not be treated like other motorists. “Bus Operators are in a class by themselves,” the letter reads.

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When It Comes to Bike Enforcement, NYPD Can Do Better Than This

Warm weather means more bicyclists on city streets. It also means more ham-handed attempts by NYPD to improve bike safety, and officers are out in force this week ticketing people on bikes.

NYPD's traffic enforcement priorities yesterday on Hudson Street. Photo: BrooklynSpoke/Twitter

NYPD’s traffic enforcement priorities yesterday on Hudson Street. Photo: BrooklynSpoke/Twitter

Instead of ticketing wrong-way cyclists buzzing pedestrians in crosswalks, the police typically camp out and rack up tickets where cyclists break the letter of the law without jeopardizing anyone. Ticketing people for riding through a red light at a T-intersection is the bicycle equivalent of ticketing a pedestrian who crosses against the light when no cars are coming.

Bike enforcement operations have been spotted on the Hudson River Greenway, at the base of the Manhattan Bridge, on Hudson Street, and on Eighth Avenue. These are all locations where there are plenty of people biking, and probably plenty of people who bike through red lights after checking to see if the coast is clear.

Handing out red light violations at these locations is easy for police, but it’s not a good use of resources if the department is serious about Vision Zero.

Officers from the 5th Precinct, for example, can often be spotted issuing red light tickets to cyclists coming off the Manhattan Bridge and on Chrystie Street. The same precinct has issued just 46 speeding tickets and 71 failure to yield tickets so far this year.

If the department is going to spend time on bike enforcement, it should at least focus on the people riding the wrong way or cutting through crosswalks at speed. That would be harder than ticketing the “scofflaws” who are jaywalking on bikes, but it might actually improve conditions on the street.

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NYPD Bike Crackdown Season Has Nothing to Do With Vision Zero

When the weather warms up you can count on two things: more New Yorkers riding bikes, and NYPD bike ticket blitzes.

Keegan Stephan of Right of Way tweeted that the 19th Precinct was handing out flyers to cyclists this morning and warning of a “crackdown” starting tomorrow.

The flyers feature the city’s Vision Zero graphic along with NYPD, DOT, and TLC logos. They advise cyclists to “be visible” and “use bike lanes.” Pedestrians are directed to “do what you can to be seen.” Drivers are told to “slow down” and “expect people in the crosswalk.”

You might get the impression from the flyer that motorists, pedestrians, and cyclists are equally responsible for carnage on NYC streets. In fact, driver behavior causes most serious crashes.

NYPD bike crackdowns have never been about targeting dangerous behavior. Instead, police stake out locations where infrastructure leads people on bikes to violate the letter of the law, and then the citations pile up.

While the 19th Precinct is gearing up to ticket cyclists, as of April local officers had ticketed just 24 drivers for speeding in 2015.

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Why Does Rory Lancman Want to Save Drivers From “Scofflaw Pedestrians”?

Paramedics work to save John Torson a few feet from the crosswalk at E. 61st Street and First Avenue. Photo: Daniel S. Dunnam

Paramedics work on John Torson a few feet from the crosswalk at E. 61st Street and First Avenue. NYPD said Torson was “outside the crosswalk” when he was fatally struck by the driver of the white SUV. Photo: Daniel S. Dunnam

City Council Member Rory Lancman wants to make it more difficult for NYPD to charge drivers who injure and kill people when, in his words, “accidents are caused by poor road conditions, bad weather and scofflaw pedestrians.” But if anything, NYPD has been exceedingly cautious in applying the Right of Way Law when there’s a chance the victim was not in a crosswalk.

If there’s even a speck of doubt about whether the victim had the right of way, NYPD isn’t filing charges against the driver.

The above photo was taken by a reader after an SUV driver fatally struck 89-year-old John Torson as he was walking across E. 61st Street at First Avenue. As we reported last Friday, the day after the crash, an NYPD spokesperson told Streetsblog that, according to the Collision Investigation Squad, Torson was “outside of the marked crosswalk” when he was hit. You can see from the photo that, if Torson was not in the crosswalk, he was at most no more than one car length away. You can’t rule out the possibility that Torson was struck in the crosswalk and propelled forward by the force of impact.

As of today, police had filed no charges against the driver.

The Right of Way Law took effect last August. Between last September and March 2015, the latest month for which NYPD crash data is available, city motorists injured or killed over 8,000 pedestrians and cyclists. As of April, NYPD had applied the Right of Way Law just 22 times. NYPD is training beat cops to use the law, but as of now virtually all cases resulting in Right of Way Law charges are investigated by the Collision Investigation Squad — a small unit of detectives who are trained to process crash scenes, and whose work is relied upon to convict motorists on serious charges, like homicide.

With an application rate of one-quarter of one percent, and investigators declining to prosecute drivers whose victims were said to be just outside the crosswalk, it’s clear that NYPD is being very conservative with the Right of Way Law. Lancman’s proposed Right of Way Law amendment — which would absolve drivers who harm people when the weather is bad — would lead police to apply the law even less frequently.

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Cabbie Faces Right of Way Charges for Critically Injuring Midtown Pedestrian

Image: NY1

Image: NY1

Taxi driver Babul Miah, 29, faces charges under the city’s Right of Way Law after critically injuring a 20-year-old woman who was in the crosswalk at Eighth Avenue and West 57th Street on Saturday at approximately 5:30 p.m.

The woman, who was not identified by police, was crossing 57th Street from south to north on the east side of Eighth Avenue when Miah, driving north on Eighth Avenue, struck her while turning right onto 57th Street, according to NYPD. He then crashed into a payphone on the sidewalk. The woman was taken to Weill Cornell Medical Center in critical condition and is “likely to die,” police officials told the Daily News.

“It was hectic. It was just hectic. Everybody was mad because it was so much people,” a witness told NY1. “Her boyfriend, the people who was watching it, was like, ‘Could you stop, stop, stop.'”

Miah was charged with failure to exercise due care and failure to yield to a pedestrian, misdemeanor charges under the city’s Right of Way Law. His hack license was “immediately suspended” under Cooper’s Law, the Taxi and Limousine Commission told Streetsblog.

Miah is new to taxi driving. He was issued a hack license in April and was still in a probationary period, allowing the TLC to take “more aggressive actions,” including automatic revocation of a license [PDF]. TLC has not yet taken any action other than suspending Miah’s license.

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Will NYPD Charge Driver Who Rammed Woman on Sidewalk and Left Scene?

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

A motorist who deliberately drove down a Manhattan sidewalk, rammed a pedestrian, left the scene and reportedly hit a second person in Brooklyn might not be charged with a crime, according to one of the victims.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop. In an email to Downtown Express, Hensl, a 37-year-old physician assistant, said she is on crutches and may require knee surgery, in addition to physical therapy.

The crash occurred near Spruce Street School. Parents of kids who attend the school say it’s not unusual for motorists to use the sidewalk to drive around traffic.

From Downtown Express:

Video viewed by Downtown Express shows the driver backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam.

Captain Mark Iocco, the First Precinct’s commanding officer, said the same car was involved in an accident in Brooklyn about 30 minutes after that incident. The car was pulling into a parking spot and hit an elderly lady, he said at last week’s meeting of the First Precinct Community Council. The elderly woman couldn’t identify her, and could only confirm that the driver was a female, he said.

The suspect has filed an insurance claim. The police are working with the insurance company and they are “investigating her up and down,” said Iocco.

The driver barely missed striking other people on Beekman, including children, who were able to get out of her path, DNAinfo reported. “[The driver] drove on the sidewalk as if it was a lane,” one witness said. “So fast that I turned my head and I didn’t see the car.”

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No Right-of-Way Charge for Cab Driver Who Killed Senior in UES Crosswalk

An unidentified cab driver fatally struck 76-year-old Amelia Sterental in an Upper East Side crosswalk. NYPD and Cy Vance filed no charges. Image: WABC

An unidentified cab driver fatally struck 76-year-old Amelia Sterental in an Upper East Side crosswalk. NYPD and Manhattan DA Cy Vance filed no charges. Image: WABC

A yellow cab driver fatally struck a senior in an Upper East Side crosswalk Saturday, and no charges were filed by NYPD or Manhattan District Attorney Cy Vance. The crash occurred in the 19th Precinct, where as of March officers had issued just 10 speeding tickets in 2015.

At around 2:43 p.m. Amelia Sterental, 76, was walking north across 60th Street when the cab driver hit her with a Ford SUV while turning left from Madison Avenue, according to NYPD and published reports.

From the Daily News:

The Miami woman was thrown over the taxi and ended up crumpled on the road in front of high-end clothing stores like Barneys and Calvin Klein, witnesses said.

“It smashed her and she went airborne and went over the back (of the car),” said Frank Semmel, 39, a retired New Jersey policeman.

“A street vendor who didn’t give his name said the cabby had ‘made a fast turn’ before he struck the unidentified woman in the crosswalk,” the Post reported.

“I heard screeching of the brakes,” another witness told the Post. “People started screaming. I turned around and there was a woman on the floor.”

Sterental, who lived in Bal Harbour, Florida, died at New York Presbyterian/Weill Cornell Medical Center, NYPD told Streetsblog.

Police and press accounts of the crash suggest Sterental was crossing with the right of way and the cab driver was traveling at an unsafe speed. But as of this morning, NYPD and Vance had filed no charges against the driver, whose name was withheld by police.

Cab drivers turn onto 60th Street from left turn lane on Madison Avenue. Image: Google Maps

Cab drivers turn onto 60th Street from left turn lane on Madison Avenue. Image: Google Maps

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Driver “Flying” Through Harlem School Zone Kills Child — Tabs Blame Victim

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

A driver operating a TLC-licensed vehicle killed a 12-year-old boy outside a school in Harlem Wednesday.

The crash occurred in the 32nd Precinct, where officers issue an average of between one and two speeding tickets per day.

Ervi Secundino was hit at approximately 3:15 p.m. in front of Frederick Douglass Academy, where he was in the sixth grade, the Times reported. He was crossing Adam Clayton Powell Jr. Boulevard at 150th Street, west to east, when the southbound driver struck him and dragged him for one block, according to NYPD and media reports.

Ervi lived on 145th Street, near the school. He was pronounced dead at Harlem Hospital. Ervi was at least the second child age 14 and under killed by a New York City motorist this year, and the tenth since January 2014, according to crash data compiled by Streetsblog.

The driver was a 23-year-old man who lives in Brooklyn, a police spokesperson said. His name was not released by NYPD or the Taxi and Limousine Commission. NYPD had no information on the driver’s speed or who had the right of way, and police had filed no charges as of late this morning. The NYPD spokesperson said the investigation was ongoing.

Images from the scene show the car, a Toyota livery cab, with extensive damage to the hood and grille, indicating the driver was likely exceeding the 25 miles per hour speed limit. While the Post and the Daily News blamed the child for being in the street, WNBC spoke with witnesses who said the driver was speeding.

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