In the wake of the death of Dashane Santana, the 12-year-old girl killed by a minivan driver while she was crossing Delancey Street earlier this month, Lower East Side leaders are demanding safety improvements for the many pedestrians who cross this approach to the Williamsburg Bridge. Assembly Speaker Sheldon Silver, Borough President Scott Stringer, State Senator Dan Squadron and City Council Member Margaret Chin have each called on DOT to take action to prevent one more life from being taken by Delancey Street traffic.

A report from DNAinfo this morning lays out just how hostile the design of Delancey is to pedestrians. To cross Delancey at Clinton Street, where Santana was killed, pedestrians must traverse ten lanes of moving traffic in just 22 seconds.

That’s far less crossing time than pedestrians have at some of the city’s most notoriously dangerous intersections, which DNAinfo went out and measured. Reports DNAinfo’s Julie Shapiro:

For example, pedestrians crossing the eight-lane Queens Boulevard at Union Turnpike have a full 30 seconds to make it to the other side.

People traversing the six-lane Adam Clayton Powell Jr. Boulevard at 145th Street have 40 seconds, nearly double the crossing time on Delancey Street.

Other busy intersections with longer crossing times than Delancey Street include West Street at Albany Street, where pedestrians have 31 seconds to cross eight lanes; Houston Street at Essex Street, where pedestrians have 30 seconds to cross eight lanes; 12th Avenue at 23rd Street, where pedestrians have 34 seconds to cross six lanes; Ocean Parkway at Church Avenue in Brooklyn, where pedestrians have 45 seconds to cross 10 lanes; and Atlantic and Flatbush avenues in Brooklyn, where pedestrians have 60 seconds to cross four lanes.

DNAinfo’s report also includes the above video, which includes an interview with one of Santana’s schoolmates.

The area’s elected officials are primarily calling for pedestrian crossing times to be extended, a move that would surely make it easier to cross. Shrinking Delancey down from ten lanes should also be on the table; no matter how long the light is, that’s a wide street to ever cross safely.

DOT will present its plan for improving Delancey Street next Wednesday.

Extra-wide Delancey Street is one of the most dangerous roads in New York. One pedestrian and one cyclist have already been killed on Delancey this year. Image: Google Street View.

Delancey Street is one of the most dangerous roads in the city. Between 2008 and 2010 alone, 134 pedestrians and cyclists were hit by drivers on Delancey, according to Transportation Alternatives, and two were killed on the street this year.

Last week, Streetsblog reported on a new design for the base of the Williamsburg Bridge which routed cyclists off Delancey and onto calmer side streets. The implication, it seemed, was that the Department of Transportation wasn’t planning to make Delancey safer for cyclists and pedestrians, just less trafficked by them.

Elected officials on the Lower East Side, however, aren’t standing for the deadly status quo. On Monday, State Senator Daniel Squadron convened the first meeting of a new working group meant to improve safety in the area.

“For too long, Delancey has been the scene of far too many tragedies,” said Squadron in a statement. “Our working group is a much-needed step toward ending the cycle of danger. I’m confident that, together, we can find the short-term and long-term solutions to ensure a safe Delancey Street for all types of users.”

Joining Squadron were City Council Member Margaret Chin and representatives from the offices of Congresswoman Nydia Velazquez, Assembly Speaker Sheldon Silver, Borough President Scott Stringer, Community Board 3, the Lower East Side Business Improvement District, and Transportation Alternatives. Staff from the Department of Transportation and the NYPD, which would have to implement any safety plan, were also in attendance.

The group will meet monthly to create a set of short-term and long-term changes to improve safety for all users of Delancey. “All solutions are still on the table,” said Squadron spokesperson Amy Spitalnick. In an e-mail, she listed a few possible solutions already being considered: “turning restrictions, stop lines, lengthening medians and crossing times, and a real solution for bikes (understanding that they’ll end up on Delancey no matter what).”

We’ll be reporting on the working group’s recommendations as they develop, but for now, it’s encouraging to see this broad and powerful coalition of elected officials and community leaders commit to a safe Delancey Street. Their statements, collected in a press release, are below:

“I am confident that by working together city agencies, concerned elected officials, experts and community members will institute effective and creative ways to increase safety on the Delancey corridor,” said Council member Chin. “The number of fatalities this year alone demand action. It time to make Delancey safe for everyone who uses it.”

“By bringing the community together, we can develop solutions that improve traffic, pedestrian and cyclist safety in the Lower East Side,” said Congresswoman Velazquez.

“It is essential that we do everything possible to make sure we have the most effective safety measures in place to address the problems we have seen on Delancey Street,” said Speaker Silver. “I am encouraged that we now have key stakeholders at the table and I am hopeful that, with the full participation of the community, we can develop some solutions that will increase protections for pedestrians, cyclists and all other users of this important thoroughfare.”

“Last month’s tragic death of cyclist Jeffrey Axelrod was the latest painful reminder of the dangerous conditions that plague Delancey Street on the Lower East Side,” said Borough President Stringer. “For years I have called on the City to improve safety at this location, and this working group is a much needed a step in the right direction. I am committed to working with the NYC Department of Transportation, my colleagues in government, Community Board 3 and safety advocates to identify mitigations that will make Delancey Street safer for all users: pedestrians, cyclists and drivers.”

“While the last four years have been the safest in City history, we’re always working to make our streets even safer,” said NYC DOT Commissioner Janette Sadik-Khan. “We recently installed countdown signals along Delancey Street to help pedestrians cross and a safety redesign is now under way at the pedestrian and bike entrance to the Williamsburg Bridge. We continue to look for ways to build on the many enhancements we’ve made throughout the corridor and to working with elected leaders and other stakeholders to cut the number of traffic fatalities citywide in half by 2030.”

“Community Board 3 is very excited about working with the Delancey Street Working Group to make Delancey safer for everyone,” said David Crane, chair of the Community Board 3 Transportation Committee. “The Community Board has been grappling with this issue for years and has included it as a major problem in the current District Needs Statement. Senator Squadron has brought together agencies, advocates, and elected officials who are all very open to collaborating for the best resolution.”

“It’s about time everyone came together to finally put an end to the dangers on Delancey,” said Paul Steely White, Executive Director of Transportation Alternatives. “Delancey Street is one of the most hazardous streets in the city–this is an important first step in making Delancey safe for foot and bicycle traffic. We understand this is a complex corridor that needs to be carefully studied but there are quick solutions that could be implemented to start saving lives now while a more permanent fix is planned. We’re eager to discuss making these solutions a reality in this working group.”

“The LES BID is excited to participate in this important dialogue with our great partners in government regarding the Delancey Street corridor,” said Tim Laughlin, Director of Policy, Planning and Operations for the Lower East Side Business Improvement District. “We look forward to working with our elected officials to implement financially feasible safety improvements that will complement and enhance projects the BID is currently leading the way on, such as our plan to extend the Delancey pedestrian medians at both Essex and Orchard Streets.”

Dan Squadron and Brian Kavanagh announce that bus lane cameras will be enforcing First and Second Avenue starting today. Photo: Office of Dan Squadron

Camera enforcement of the First and Second Avenue bus lanes began today. To mark the occasion, State Senator Daniel Squadron and Assembly Member Brian Kavanagh held a press conference gathering together community leaders and taxi drivers to get the message out to drivers: Block the lane and face the fine. As Squadron and Kavanagh explained, however, drivers may enter the bus lanes to turn right or to quickly drop off or pick up passengers.

Hopefully, starting up camera enforcement will keep the bus lanes clear and allow the East Side’s Select Bus Service to run even more smoothly. Even before the cameras were turned on, the introduction of Select Bus Service had cut trip times by between 12 and 16 minutes compared to the old limited service. That’s an improvement of between 14 and 19 percent.

Said Kavanagh in a press release:

“Almost a year ago, we called on the City and the MTA to implement a true Bus Rapid Transit system along First and Second Avenues.  We’re not quite there yet, but new enforcement mechanisms like bus cameras and clarification of the rules for taxi drivers and other car users should help get us one step closer to the full transit potential of our streetscape.”

Brian Kavanagh and Daniel Squadron explain Hayley and Diego's Law, which takes effect today. Photo: Noah Kazis

“Careless driving is unacceptable.” That’s the message that State Senator Daniel Squadron and Assembly Member Brian Kavanagh delivered today as they announced that Hayley and Diego’s Law, which they sponsored and ushered through the legislature, is now in effect.

“You can suffer serious consequences,” Kavanagh warned drivers. “That has not been true up to today.”

“Careless driving is not just something to fix next time,” said Squadron.

Hayley Ng and Diego Martinez, for whom this law is named, were killed when a van driver carelessly left his vehicle idling in gear and unattended; the van sped backwards into the two preschoolers, who were walking on a Chinatown sidewalk with their classmates.

“When people are injured and people lose their lives,” said Kavanagh, “people want a sense of justice and that is not provided by a speeding ticket.” By filling the gap between tickets and felony charges like criminally negligent homicide, said Kavanagh, Hayley and Diego’s Law will allow prosecutors to give victims and their families that sense of justice.

The two legislators said they have more they would like to accomplish for pedestrian and cyclist safety. After deadpanning that “New York State law is now perfect. It’s the platonic ideal,” Squadron said that he was looking into whether legislation could help improve the enforcement of the laws already on the books. He cited Manhattan Borough President Scott Stringer’s recent study showing that the city’s bike lanes are frequently illegally obstructed to illustrate the need for better enforcement.

Diego Martinez and Hayley Ng were killed when a van left idling and unattended careened backwards into a group of pre-schoolers on a Chinatown sidewalk. The driver was not charged.

One reason prosecutors hesitate to bring charges is that the standards for proving criminal negligence or recklessness can be difficult to meet. Hayley and Diego's Law, sponsored by Dan Squadron in the State Senate and Brian Kavanagh in the Assembly, creates an intermediate charge -- a traffic violation called careless driving -- which prosecutors can use in cases where criminal convictions seem unlikely. Motorists found guilty of careless driving will have to complete a driver education course and face fines up to $750, jail time up to 15 days, and license suspensions up to six months -- or a year for repeat offenders.

"We expect that the NYPD and District Attorneys are always looking at all the different options to hold people accountable for actions that lead to injuries and deaths," said Transportation Alternatives' senior policy advisor Peter Goldwasser. "With this law, we expect that they will be able to do that to an even greater degree and create a deterrent effect."

Joseph McCormack, chief of the Vehicular Crimes Bureau at the Bronx District Attorney's office, said he would have applied the careless driving charge to Randolph Belle, the motorist who executed an illegal U-Turn on West Kingsbridge Road last week, causing a livery cab driver to veer into a bus shelter, killing one person and severely injuring several others.

McCormack decided not to press charges based on a 2008 case, People v. McGrantham, in which the Court of Appeals -- the highest court in New York state -- ruled that limousine driver James McGrantham was not guilty of criminal negligence after he entered the Belt Parkway at night going the wrong direction, then executed a U-Turn in the middle of the highway instead of pulling over outside the flow of traffic to correct course. A motorcyclist coming around a curve crashed into the limo and died.

Paterson signed a second law on Friday that should also keep dangerous drivers off the road. Under Elle’s Law, any driver who causes serious physical injury to another person while committing a traffic violation will automatically have his or her license suspended for a period of six months by the DMV. Drivers who have been involved in any similar incidents within the previous five years will have their licenses suspended for a full year.

Upper East Side representative Micah Kellner introduced the bill after Elle Vanderberghe, 3 years old at the time, suffered serious brain injuries when a motorist backed up through a crosswalk on 82nd Street to grab an open parking space. "I think a lot of folks want to believe that our streets are safe, but they're clearly not," said Kellner. "One thing we need to make clear is that driving is a privilege, not a right, and if you're going to endanger the public welfare, we're going to take that privilege away from you."

Together, Elle's Law and Hayley and Diego's Law should result in more consistent revocation of driving privileges after people commit dangerous acts behind the wheel. And while the system of license suspensions in New York suffers from a revolving door problem, the new laws may lead to suspensions that carry greater consequences. A Court of Appeals ruling earlier this year, in People v. Caban, holds that driving with a suspended license can be used as evidence of criminal negligence, if the suspension was due to unsafe driving.

It will take years to assess the full impact of Hayley and Diego's Law, but a similar law that passed in Oregon a few years ago should give New Yorkers a good idea of the challenges to expect.

The Oregon statute differs from Hayley and Diego's Law in that the officer has to actively determine that someone was driving carelessly, said attorney Bob Mionske, who writes the Road Rights column for Bicycling Magazine. Under New York's law, there's a presumption that the driver was at fault in some crashes. "It shifts the burden," said Mionske. "You're sort of on the cutting edge in New York."

Despite its differences, Oregon's vulnerable users law remains the closest comparison to New York's. "Here, it's made a big difference," argued Ray Thomas, another bike lawyer. "The options are so limited in terms of what can be done in most cases," he said. Another infraction adds to the enforcement toolkit. He pointed to the high-publicity case of a Portland bus driver who hit five pedestrians in a crosswalk, killing two; the driver was prosecuted under the vulnerable users law.

Thomas admitted, though, that the state law hasn't shown equal benefit everywhere in Oregon. Though prominent in Portland, said Thomas, "across the state, law enforcement has been slow or reluctant to use it." He attributed the uneven application to two things that many police departments and district attorneys want to avoid: "New thinking and more work."

The Oregon law also hasn't penetrated public perception very widely. Estimating how many Oregonians were aware of the law, Mionske guessed "less than 3 percent, and they're the ones already in the choir." Comparing careless driving to drunk driving, Mionske said that there will be a real deterrent effect when law enforcement and advocates join forces to create "a ripple of fear through the driving community." That hasn't happened with the vulnerable users law, yet. 

What both Mionske and Thomas implied is that once legislation like Hayley and Diego's Law goes into effect, law enforcement needs to buy into it. Then, in each city and town, the enforcement effort must be accompanied by a coordinated campaign to inform people of the new consequences of careless driving.

Manhattan Borough President Scott Stringer pressed for traffic safety legislation. He was joined by, from left, Council Member Margaret Chin, the families of Hayley Ng and Diego Martinez, State Senator Daniel Squadron and Transportation Alternatives director Paul Steely White. Photo: Noah Kazis

State Senator Daniel Squadron, who sponsored the bill with Assembly Member Brian Kavanagh, led off the rally. He was joined by the families of Hayley Ng and Diego Martinez, two preschoolers killed last year while walking through Chinatown with their classmates. A delivery van that had been left idling jumped the curb, killing the children, but the driver wasn't charged with any infraction.

By defining a new infraction that increases the likelihood that drivers will face consequences for injuring pedestrians and cyclists, said Squadron, Hayley and Diego's Law will "send the message that careless driving is dangerous and unacceptable." For a first offense, the bill would impose a penalty of $750, 15 days of jail time, or a driver training course; for a second offense, the penalty would be a misdemeanor charge.

Squadron also provided an update on the bill's status. Though it passed the legislature around three weeks ago, it hasn't been presented to the governor yet. When that happens, the governor will have ten days in which to sign or veto the bill. "We're hopeful that the governor will sign it," said Squadron, adding, however, that "I don't think they've fully looked at it yet."

A Paterson spokesperson later confirmed that the governor will review the legislation once the bill reaches his desk.

The strongest words came from Manhattan Borough President Scott Stringer. "Enough is enough," he said. "We want our streets back for our children and frail elderly." Stringer also highlighted the particular need to curb speeding. Forty percent of New York City drivers exceed the speed limit, said Stringer, citing a 2009 Transportation Alternatives study and noting that crashes are nearly twice as deadly at 40 mph as at 30 mph. "When you get into a car, the life of the surrounding community is in your hands," he concluded.

Local Council Member Margaret Chin said the deaths of two small children served as a wake-up call. "What happened to Hayley and Diego showed how dangerous our streets are for our pedestrians," she said. Chin also promised that the City Council would continue to fight for pedestrian safety.

As reported by On Transport, Senate Bill 3627 and its companion Assembly bill would change existing law that regulates the period between a DWI charge and the processing of a provisional license application by the DMV. Provisional licenses are already available to alleged drunk drivers in cases of "extreme hardship" related to employment, medical appointments and education. The new bill would create a "hardship privilege" that would "allow operation of a noncommercial vehicle in the course of employment for the interim period before a conditional license application can be entertained." The Senate version cleared the transportation committee earlier this month by a party-line vote of 10 to 6, all Republicans against, all Democrats in favor.

"S3627 further softens the penalties for drunk drivers and sends the wrong message," says Kyle Wiswall of the Tri-State Transportation Campaign. "One reason efforts to reduce DWIs were so successful is the appropriately stiff penalties and potential risk for the driver, including consequences like losing your license by immediate suspension. Backtracking like this is playing with fire."

When asked by Streetsblog if S3627 is as bad as it looks, Bronx vehicular crimes chief Joseph McCormack responded bluntly: "Yes it is."

Surprisingly, S3627 was helped along with a vote from Brooklyn Senator Dan Squadron, co-sponsor and vocal proponent of "Hayley and Diego's Law," which would establish a new careless driving offense for cases where prosecutors can't or won't pursue more serious charges against drivers who injure or kill. That bill would also define pedestrians, cyclists, road workers and others as "vulnerable users" of public thoroughfares.

Without really trying we can think of two New Yorkers who would be alive today were it not for an unlicensed or allegedly drunk driver who was behind the wheel (albeit of a commercial vehicle) while on the job. We have a message in with Squadron's office regarding his support for the drunk driving loophole.

Assembly Member Brian Kavanagh, speaking, with Daniel Squadron and Scott Stringer at last year's rally for Hayley and Diego's Law. To Squadron's right are Wendy Cheung, Hayley Ng's aunt, and Jon Adler, representative for the families of Ng and Diego Martinez.

With the state legislative session underway, Albany will soon turn its attention to business that lawmakers never got the chance to address last year. One bill to keep an eye on would give police and prosecutors a new tool to protect pedestrians and cyclists.

After two preschoolers were killed in Chinatown last January by a van driver who left his vehicle idling and unattended, lawmakers and advocates drafted "Hayley and Diego's Law." The bill is what's known as a "vulnerable user law." It would create a new offense called careless driving, which would carry penalties of up to $750 in fines and 15 days in jail for drivers who hit and injure vulnerable street users -- including all pedestrians and cyclists.  

Assembly Member Brian Kavanagh, speaking, with Daniel Squadron and Scott Stringer. To Squadron's right are Wendy Cheung, Hayley Ng's aunt, and Jon Adler, representative for the families of Ng and Diego Martinez

If passed, drivers who hit people with their vehicles would face "suspension or revocation of a driver's license when the violation resulted in the serious injury or death of a vulnerable user of a public way." As we read the bill, that penalty would be suspended pending the completion of a traffic safety course and up to 60 days of community service. Failure to complete the course and community service would result in action against driving privileges and a fine of up to $10,000.

"We want everybody to stand behind this cause," said Wendy Cheung, aunt of Hayley Ng. "We don’t want this to happen to anyone else. We need justice here." 

Oregon and Illinois have recently established similar "vulnerable user" laws.

While it must be said that -- considering the severity of the senseless devastation caused by reckless drivers -- the penalties prescribed by this bill would be a far cry from true traffic justice, its adoption would nevertheless be a huge step for New York State, and could lay the foundation for tougher laws in the future. After the jump, a sobering passage from the bill summary encapsulates the current "stark reality," where drivers who kill are almost always protected by lax prosecutors and weak state laws.

At present, district attorneys across New York State are faced with an unacceptable choice: pursue vehicular homicide charges, most often in the form of criminally negligent homicide, or bring no charges at all against the drivers who kill vulnerable roadway users. Even where culpability may be shown, criminal charges are rarely filed. This is evidenced by the fact that only 29 indictments for the crime of Criminally Negligent Homicide were brought in New York State in the last fifteen years, 1994-2008. This legislation addresses this stark reality, providing district attorneys who are unable or unwilling to pursue criminal charges with an additional option, creating a greater measure of justice and social deterrence against careless drivers who seriously injure or kill vulnerable roadway users.

An RPP program, which would establish districts within the city where car owners must display permits to park legally in most on-street spaces, needs Albany's assent to become law. Assembly Member Joan Millman and State Senator Daniel Squadron have introduced bills in their respective chambers, with the details of the permit system left up to the city. Council Member David Yassky is carrying the banner for RPP at City Hall.

This is not the first time lawmakers have turned their attention to residential permit parking. Most recently, RPP got a serious look during last year's congestion pricing debate, when DOT devised a plan to assuage fears that car commuters would cram on-street parking spaces just outside the cordon zone.

That version of RPP included only nominal permit fees -- just enough to cover the cost of running the program. This time around, the bill's sponsors are touting permit fees as a new revenue source for the MTA. Separated from congestion pricing, however, an RPP system won't pack quite the same punch. Reports the News:

A Transportation Department spokesman said permits alone aren't enough to solve parking problems, and should be accompanied by a congestion pricing plan.

"Without such a plan, we don't believe this bill will actually solve neighborhood parking problems," said Transportation Department spokesman Seth Solomonow.

Last Tuesday, May 5, in honor of World Asthma Day and Idle-Free NYC Day, clean air advocates gathered at City Hall to mark the passage of Council Member John Liu's Intro. 631, which limits the amount of time drivers are allowed to idle near schools to one minute. Streetfilms' Robin Urban Smith files this report, which includes details of an anti-idling curriculum for fourth and seventh graders from Livable Streets Education and Asthma Free School Zone.

In related news, Senator Daniel Squadron has announced a bill calling for a statewide one minute idling restriction for "heavy-duty vehicles." And today there will be a rally in Manhattan to celebrate the adoption of Intro. 631 and to launch the West Side Clean Air Campaign, which, among other goals, aims to ensure that charter buses and car services obey the new law. The rally kicks off with a press conference at 3 p.m. at the P.S. 111 playground on 52nd St. between 9th and 10th Aves.

Dan Squadron at yesterday's press event.

Earlier this month Albany approved the expansion of New York City's red light camera program. Media coverage tends not to play up the benefits of automated enforcement, so it was refreshing to see State Senator Dan Squadron, who represents Lower Manhattan and parts of Brooklyn, put the emphasis squarely on safety at a press event in Chinatown yesterday.

Standing near the foot of the Manhattan Bridge, where more than 40 pedestrians have been injured and two killed since 1995, Squadron brought attention to the most dangerous intersections in his district. He called for DOT to install an enforcement camera at Bowery and Canal and at these "danger spots":

• The intersection of Essex and Delancey Streets (87 pedestrians injured and one killed from 1995 to 2005)
• Targeted intersections on West Street between Canal Street and the entrance to the Brooklyn-Battery Tunnel (114 pedestrians injured and one killed)
• Tillary Street from Adams Street to Flatbush Avenue extension in Brooklyn (81 pedestrians injured and one killed)

DOT will have to make its selections judiciously. The city is now authorized to use 150 cameras (50 more than the old limit), with more than 12,000 signalized intersections to choose from.

Will Silver follow through in Albany to make streets safer for his Chinatown constituents?

The plan calls for "zero tolerance" traffic enforcement; the banning of trucks and buses from traversing local streets; more pedestrians safety measures such as bollards and speed bumps; and a comprehensive traffic management plan to serve residents, businesses and vehicles passing through the neighborhood.

This is a thorough plan that includes several politically daring ideas. It would alleviate the scourge of double-parking by properly pricing on-street spaces. It would expand sidewalks and accelerate the implementation of traffic-calming measures. It even calls for congestion pricing, among other traffic management techniques.

There's always the temptation to be cynical -- and some of the recommendations for community board input are tough to swallow in light of recent events -- but this is a moment that should not go to waste. While it's terrible that two children had to die to garner such attention, this horror story has nakedly exposed the systemic failures inherent in the way our streets are designed, managed, and policed. A galvanized Chinatown community backed by a handful of elected officials is a start. More New Yorkers and advocates for safer streets will have to keep up the pressure.

The first person to whom appeals should be directed has got to be Shelly Silver. The Assembly Speaker who allowed congestion pricing to die on his watch now calls for that same policy to be adopted. He's got his name in Stringer's press release and a nice direct quote calling for "the city" to implement the whole nine-point plan.

There's no doubt that the City Council, Mayor Bloomberg, and his deputies at NYPD and DOT need to follow through on this plan, and the fact that City Hall has not publicly responded to the tragedy is shameful. And don't forget the Manhattan District Attorney's office, led by 89-year-old Robert Morgenthau, which is sticking to its policy of granting negligent drivers carte blanche to kill and maim without consequence. But if the Speaker is really committed to the safety and well-being of his Chinatown constituents, much of the responsibility lies with him and his caucus. There is a clear legislative agenda to be pursued: tougher state traffic laws, to start with. We'll see if Shelly cares enough to carry the fight out of his PR office and into the statehouse.