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Posts from the "Vision Zero" Category

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So Far, NYPD Isn’t Enforcing New Vision Zero Law as Intended

It was a welcome development when NYPD filed the first-ever charges under Section 19-190, a new law that makes it a misdemeanor for drivers to strike pedestrians and cyclists who have the right of way. The law was intended to enable precinct officers to impose consequences for reckless driving, but so far, NYPD doesn’t appear to be using it this way.

Image: WNBC

Even when CIS is on the case, application of Section 19-190 is no sure thing. As of Friday afternoon, police had not charged the driver who killed 82-year-old Manhattan pedestrian Sui Leung, though available information suggested the victim had the right of way. Image: WNBC

Section 19-190 applies a ”strict liability” standard to traffic crashes — that is, a driver who strikes a pedestrian or cyclist when the victim has the right of way is presumed to have committed a misdemeanor, unless the driver can show he was not at fault.

For years, only CIS personnel were authorized by NYPD to file charges against motorists for causing injury and death, unless an officer witnessed a crash. But by making such collisions crimes, and therefore empowering rank-and-file officers to file charges, Section 19-190 was meant to put an end to NYPD’s “observed violation rule.” Theoretically, if a precinct cop determines that a driver hit a pedestrian who was crossing with a walk signal, that officer should now be able to make an arrest on the spot.

More than a month after the law took effect, however, there is no evidence that NYPD is applying the law as intended. Motorists have killed at least 12 pedestrians and injured countless others in the last five weeks. The only confirmed instance where NYPD filed charges under Section 19-190 involved a weeks-long CIS investigation. Streetsblog has a request pending with NYPD about how many times police have applied the law, and if precinct officers are enforcing it.

Attorney Steve Vaccaro pointed to potential obstacles to enforcement before Section 19-190 was adopted:

Unless Intro 238 is communicated repeatedly to rank and file police officers via memorandum, roll call instructions, and formal in-service trainings, most police officers will not even become aware of the new law. And awareness is just the starting point. Intro 238 runs counter to the general belief held by many officers that a traffic crash is by definition a non-criminal matter, peripheral at best to the core police mission of fighting crime.

There are thousands of serious crashes a year in NYC, and CIS investigates only a few hundred. Section 19-190 is supposed to give police the latitude they need to deter traffic violence by bringing charges against dangerous drivers who would otherwise go unpenalized for harming people. If Mayor de Blasio expects drivers to get the message, he’s got to get NYPD on board first.

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No Charges for Van Driver Who Killed Elderly Woman in Crosswalk

The day after a commercial van driver killed an elderly woman in a Manhattan crosswalk, no charges have been filed, though NYPD implied but failed to confirm that the victim had the right of way. The company that employs the driver, meanwhile, refused to say if he will face any disciplinary action, and he could be back behind the wheel tomorrow.

Image: WNBC

Image: WNBC

At approximately 1:30 p.m. yesterday, the driver turned left from eastbound Kenmare Street onto Elizabeth Street, striking East Village resident Sui Leung, 82, in the crosswalk on the north side of the intersection. She was transported to Downtown Hospital, where she was pronounced dead.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported yesterday. That remains the case today.

NYPD’s public information office told Streetsblog that the driver had a green light. A visit to the intersection today showed that pedestrians are given the “walk” signal concurrently with green lights on Kenmare, meaning turning drivers must yield to pedestrians. When Streetsblog asked NYPD to confirm that Leung had the right of way, a department press officer said, “We don’t know that yet.”

When a driver strikes a pedestrian or cyclist with the right of way, it is a violation of Section 19-190, a local law that took effect August 22. Days later, a pedestrian in an Upper East Side crosswalk with the signal was killed by a turning driver. At first, NYPD told Streetsblog that “both of them had the right of way,” then weeks later the department filed its first-ever Section 19-190 charges against the driver.

Police would not release the identity of the driver who struck Sui Leung because no charges had been filed, but the van involved was clearly marked as belonging to Party Rental Ltd. of Teterboro, New Jersey.

Streetsblog asked Party Rental Ltd. if the company had taken any disciplinary action against the driver since the crash. “We determine that based on what we hear from the authorities,” said Barney Drew, the company’s vice president of human resources. Drew would not say whether the company had been in contact with NYPD since the crash, or if the company would keep the employee off the road pending the results of the investigation. ”He’s not driving today because it’s his off day,” he said. “I am being purposely evasive because you’re asking questions about an ongoing process.”

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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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NYPD Does Not Apply Vision Zero Law in Fatal Elmhurst Crosswalk Collision

Melania Ward was struck by an MTA bus driver as she crossed Astoria Boulevard in Elmhurst. The red arrow represents the movement of the driver and the white arrow the movement of the victim, according to NYPD. Image: Google Maps

Melania Ward was struck by an MTA bus driver as she crossed Astoria Boulevard at 80th Street in Elmhurst. The red arrow represents the movement of the driver and the white arrow the movement of the victim, according to information released by NYPD. Image: Google Maps

An MTA bus driver killed a pedestrian in Queens last night. As with a fatal August crash in Manhattan, NYPD did not apply charges against the driver under a new Vision Zero law, despite information that suggests the victim had the right of way.

Melania Ward, 55, was hit by the driver of the Q47 she’d been riding after she exited the bus at Astoria Boulevard and 80th Street, according to the Daily News. The crash happened at around 10 p.m. NYPD told Gothamist the victim was “crossing Astoria Boulevard, south to north, in the marked intersection, when a Q47 MTA bus, traveling north on 80th Street, proceeded to make a right turn onto eastbound Astoria Boulevard.”

From the Daily News:

The woman was apparently run over by the front tire of the bus, witnesses said.

“She was sitting next to me on the bus,” said Jan Lim, 27, who ran over to the woman as she lay under the midsection of the bus.

“She was crying. I said don’t fall asleep, keep breathing,” Lim said.

Ward was pronounced dead at Elmhurst General Hospital.

Unless the bus driver had an exclusive signal phase, based on NYPD’s account of the crash, Ward would have had the right of way. NYPD told Gothamist the department “could not say” if this was the case, and no charges were filed.

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 on August 22, but 60 days after the bill was signed by Mayor de Blasio, a spokesperson for the mayor said NYPD wasn’t ready to enforce it.

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DOT Scores TIGER Grants for Vision Zero and Rockaways Transpo Study

City Hall and Senator Charles Schumer announced yesterday that NYC DOT had secured a $25 million federal grant for street safety and greenway projects in Brooklyn, Manhattan, Queens and Staten Island. Notably, the press release announcing the funding hailed street design improvements as a “critical” component of the city’s Vision Zero safety agenda. In addition, a separate $1.4 million federal grant will fund a transportation study for the Rockaways.

A planted concrete median extension at Fourth Avenue and 45th Street will be funded in part by a federal TIGER grant. Rendering: NYC DOT [PDF]

The awards are from US DOT’s competitive TIGER program, which doesn’t always distribute funds to New York City. While the city nabbed two awards from the program this year and has received awards from the program in the past, all three of New York’s TIGER applications were rejected last year.

The $25 million grant comes on top of $21.2 million in federal highway safety funds distributed by the state earlier this year to similar projects. These grants can supplement dollars from the city’s vast capital budget, which also funds DOT’s bike and pedestrian programs.

The TIGER grant will help support a pedestrian safety redesign near the Metro-North station at Park Avenue and 125th Street in Harlem, where DOT is planning wider sidewalks and narrower car lanes on Park Avenue, as well as curb extensions at 124th, 125th and 126th Streets. It will also fund the capital construction of a road diet initially installed with paint and flexible posts on two sections of Fourth Avenue in Brooklyn, from 8th to 18th Streets in Park Slope and from 33rd to 52nd Streets in Sunset Park. Extensions of the Brooklyn Waterfront Greenway will also get a boost from the grant, one near the Gowanus Canal and another in Bay Ridge, where wider sidewalks and a two-way protected bike path on Hamilton Avenue will connect to the existing greenway near Owl’s Head Park.

The TIGER grant will also support eight Safe Routes to School projects:

  • PS 154 Harriet Tubman School in Harlem will receive three curb extensions and six pedestrian islands
  • PS 54 in Woodhaven, Queens will receive four curb extensions and four pedestrian islands
  • PS 239 in Ridgewood, Queens will have a nearby complex intersection simplified and receive expanded pedestrian islands and sidewalks
  • PS 199 Maurice Fitzgerald School in Long Island City, Queens will receive five curb extensions and two pedestrian islands
  • PS 92 Harry T. Stewart in Corona, Queens will receive six curb extensions and four pedestrian islands
  • PS 13 Clement C. Moore in Flushing, Queens will receive seven curb extensions and one pedestrian island
  • Our Lady’s Catholic Academy in South Ozone Park, Queens will receive five curb extensions and three pedestrian islands
  • Our Lady’s Queen of Peace School in New Dorp, Staten Island will have a nearby complex intersection simplified and receive four curb extensions, a plaza, and improved traffic channelization.

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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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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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The Gulf Between NYPD’s Street Safety Message and Police Behavior

It’s day two of NYPD’s bike enforcement blitz, and for all its professed good intentions, image-wise the department isn’t doing itself any favors.

There is a gulf between NYPD messaging, improved as it is, and how police officers conduct themselves with respect to traffic laws. The above illustration from Andrew Yackira, a parody of the “Operation Safe Cycle” pamphlet, pretty much says it all. At the same time that NYPD says it will help keep bike lanes clear while issuing tickets to people on bikes according to the letter of the law, police themselves are constantly placing obstacles in the way of cyclists — vehicle-sized obstacles with big blue letters that read “NYPD” on them.

We’ve lost count of the number of “cops in bike lanes” photos we’ve seen since yesterday morning, but Gothamist posted a sizable collection, apparently featuring Commissioner Bratton himself, practically standing on top of a thermoplast cyclist as he enters his chauffeur-driven SUV.

Of course, this is symptomatic of a bigger problem: While top police commanders are saying the right things and some precincts are getting serious about traffic safety, it’s still incredibly common to encounter rank-and-file officers who don’t think it’s their job to make streets safer. It will take a lot of effort to change NYPD’s enormous bureaucracy and workforce, and recently, Bratton hasn’t shown the same commitment to the task that he did at the beginning of the year. If NYPD is serious about eliminating traffic deaths, the department’s words and actions need to sync up.