Proponents of safer streets and a stronger MTA fared better than usual in Albany this year, securing speed cameras for NYC and scoring a tentative win on the transit lockbox — which now depends on Governor Cuomo’s signature to protect straphangers from budget raids by state lawmakers, including himself. However, legislators failed to pass bills that would have restored speedier bus service to NYC and helped protect New Yorkers from motorists who injure and kill.
A bill to bring an end to NYPD’s self-imposed ban on penalizing motorists for careless driving cleared the State Senate, but for the second year did not make it out of committee in the Assembly.
The bill would amend Hayley and Diego’s Law by explicitly stating that officers may ticket or arrest drivers who harm pedestrians, cyclists and other vulnerable street users whether or not they directly observe an infraction, as long as officers have reasonable cause to believe a violation was committed. Current NYPD protocol prohibits precinct officers from issuing tickets under VTL 1146, the state statute that includes Hayley and Diego’s Law as well as Elle’s Law.
Hayley and Diego’s Law went into effect in 2010. It established the offense of careless driving, and imposed penalties, including the possibility of license sanctions and jail time, upon drivers who injure or kill pedestrians and cyclists. The bill and its amendment were introduced by Senator Dan Squadron and Assembly Member Brian Kavanagh. It is named after Hayley Ng and Diego Martinez, two toddlers who were killed in 2009 by a driver whose unattended and idling van jumped a curb in Chinatown. The driver was not charged with a crime by Manhattan DA Robert Morgenthau or his successor Cy Vance.
Legislators in the Senate and the Assembly failed to advance a bill to bring back the lights to Select Bus Service buses. Flashing blue SBS lights were used without incident for over four years until the MTA brought SBS service to Staten Island’s Hylan Boulevard. The lights were switched off after City Council Member Vincent Ignizio and State Senator Andrew Lanza complained that motorists were confusing SBS buses with emergency vehicles.