Streetsblog New York City

It's been a tumultuous week in more ways than one. We're going to leave it behind with a flashback, via Cycelicious, to the late 1970s, when Farrah Fawcett pedaled to promote her own line of shampoo. What helmet could contain that hair?

We couldn't find video of Ed McMahon or Michael Jackson on a bike -- though Michael did "Ease on Down the Road," of course, and Jonathan Maus busted out the moonwalk at yesterday's Portland tribute ride. If you know of anything else, please share it in the comments.

See you Monday.

The New York Times reports that NYPD Commissioner Ray Kelly has chosen a successor to Chief of Transportation Michael Scagnelli:

The highest rank to be filled on Friday will be chief of transportation, a three-star bureau chief position. The commissioner has tapped Assistant Chief James Tuller, who is Hispanic, to be the first minority officer to hold that position, aides to Mr. Kelly said. 

Scagnelli, who retired a month ago, will probably be most remembered by livable streets advocates as the pioneer of TrafficStat, which some -- though not all -- credit for helping to reduce pedestrian and cyclist fatalities. While, as we understand it, the transpo chief wields limited direct power when it comes to traffic enforcement, hopefully Tuller will build on Scagnelli's record.

MetroCard machines aren't the only place where the price of transit is going up. Reader Steven O'Neill points out that New Yorkers who sometimes rely on rental cars are now being hit with an additional five percent "bailout" tax, bringing the total tax for renting close to 20 percent. Says Steven:

This means that I, a very occasional driver who basically only ever rents a car if I'm going somewhere outside of the city, am being forced to pay exorbitant taxes so that daily car commuters can be allowed to continue to drive into Manhattan for free. And it feels like a kick in the teeth.

Eric Adams, I'm pissed off at you personally about this because you are my Senator. If the Senate still exists by the next time you are up for election, I plan to help give you the boot.

Bravo to Steven for channeling his frustration in the right direction. Any daily reporters out there care to talk to an informed MTA customer?

The D.C. Metro accident that killed nine riders this week has renewed calls for rail safety upgrades and reminders that car travel remains far riskier than transit. But the crash is also shedding light on a problem that goes beyond Washington: tax shelter deals between banks and struggling transit agencies -- deals that were given a retroactive pass by Congress.

The tax shelters at issue are called "sale in, lease out" deals, also known as SILOs. Starting in the 1980s, local transit agencies began selling rail cars and other equipment to Wall Street firms, which would then turn around and lease the goods back to the agencies.

Why would either side want to get into such arrangements? Sarah Lawsky, an associate professor at George Washington University Law School, has explained the situation in detail. But the short answer is that banks got tax write-offs for their newly leased transit equipment, while local agencies got a cash benefit for giving away tax deductions they could not use.

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We were excited to welcome two long-time Oakland, CA, groups to the Livable Streets Community this week: Walk Oakland Bike Oakland (WOBO) and TransForm. Inspired by the success of San Francisco's Sunday Streets, WOBO wants to launch its own East Bay version and is asking for input on what to call the event. Shannon T. writes:

So we took the “Sunday Streets” issue to the streets -- literally -- at last Thursday’s Uptown Unveiled! event at 19th and Telegraph, which itself provided a dramatic illustration of how sweet it is to block off the streets for community entertainment. Hundreds of Oaklanders filled the streets to enjoy performances, people-watching, and other free activities. WOBO’s table drew a stream of walkers and cyclists, and we tapped their creativity to gather suggestions for a name. Together with the ideas generated at Tuesday’s Volunteers Meeting, we’ve got quite a list.

Ideas include "Open Roads," "Streets for People," "Walkland" and "East Bay Easy" -- leave a comment to put in your vote!

Elsewhere, PA Walks and Bikes brought up an opportunity to participate in updating the American Association of State Highway and Transportation Officials (AASHTO) Pedestrian Guide; Upper Manhattan residents gave the MTA their suggestions for better routes for the Bx20 bus; and a member in St. Louis Park, MN is looking for advice about a local bridge.

The Weekly Carnage is a Friday round-up of motor vehicle mayhem across the metro region. For more on the origins and purpose of this column, please read About the Weekly Carnage. 

Fatal Crashes (17 Killed This Week, 37 Killed This Year*, 6 Drivers Charged**)

• Staten Island: Hylan Boulevard Collision Leaves Motorcyclist Dead (SI Advance)
  
• Queens: Man Dies, Fiancée in Coma After Cab Rear-Ends Truck; Driver Not Charged (News) 
• Newark: Fleeing Burglary Suspects Crash, Killing Another Driver; Police Deny Pursuit (WPIX) 
• Wading River, LI: Renowned Professor, Wife Killed in Collision With Drunk Driver (Newsday 1, 2) 
• Eastport, LI: Off-Duty Officer Slams Ferrari Into Tree, Killing Himself and Passenger (Newsday)
• Related: Driver "Borrowed" Ferrari Without Permission (Newsday) 
• Islandia, LI: Off-Duty Officer Flips Car on LIE; Onlookers Crash Gawking at Scene (Newsday 1, 2)
  
• Yaphank, LI: Motorcyclist Killed in Collision With Tractor-Trailer (Newsday) 
• Wheatley Heights, LI: Man Held for DWI After Wreck That Killed 1, Injured 1 (Newsday) 
• North Wantagh, LI: Man Dies After Crashing Into Overpass (Newsday)
• Greenwich, CT: I-95 Motorcyclist Hits Truck, Run Over Twice (CT Post) 
• Ansonia, CT: Elderly Woman Struck in Driveway Dies; Investigation Continues (CT Post)
• Congers, NY: Motorcyclist Killed in Single-Vehicle Crash (LoHud) 
• Sloatsburg, NY: Woman Hit by SUV at I-87 Rest Stop (LoHud) 
• Le Roy, NY: Two Dead in Three-Vehicle Collision (Newsday) 
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Kate Sheppard from Grist is Tweeting the heck out of the climate bill debate on the floor of the House of Representatives today (218 votes and counting). Barbara Boxer, who is working on the Senate version of this bill, yesterday reminded sustainable transport advocates that this is probably going to be their only chance in the next 18 months to get something done in Congress.

And Al Gore and the folks at Repower America say call your U.S. Representative today because you can be sure the guys from fossil fuel-funded advocacy organizations like Newt Gingrich's American Solutions for Winning the Future have made their calls. Here's Al...

Update: The bill passed by a vote of 217 to 205. More later.

It's the largest transit system in the United States, moving millions of people daily throughout New York City and beyond and serving as the lifeblood of one of the largest economies in the world. Unfortunately, writes Streetsblog Network member Benjamin Kabak on Second Avenue Sagas, those who depend on the MTA -- and those whom the MTA depends upon -- are often ignorant of its plight and seemingly indifferent to its fate.

As fares are poised to rise this weekend -- following the painfully short-sighted last-minute doomsday deal -- Kabak lays responsibility for the region's transit woes at the feet of an apathetic public and disjointed advocacy efforts. Citing a series of recent interviews with straphangers by reporter Heather Haddon of amNewYork, Kabak writes: 

The best quotes from Haddon’s articles are from those who say they will turn to their cars. “Now I know what I’m going to do next week. I’m going to pull out the car,” Angela Pacheco of Brooklyn said, because the 30-Day Unlimited Ride is going up the cost of a whopping three gallons of gas. Another rider in another Haddon piece echoed Pacheco. “Might as well get a car,” Marcia Roberts, a Queens resident, said.

This is the attitude that explains why our mass transit system doesn’t have political support. This is why people are going to be fighting with MTA employees over the new fares. This is why politicians refuse to toll the East River bridges, refuse to allow the city to implement camera-enforced bus lanes. This is why the agency that runs our subway system -- a system that transports over 5.2 million people per day -- is struggling to keep it in a state of good repair.

On the eve of yet another fare hike, transit advocates have themselves to blame. We haven’t united behind the proper message; we haven’t overcome a powerful auto lobby; and we haven’t made our voices heard by those who hold the purse strings. One day, that will change. For now, we’re left with higher fares and a transit authority on life support.

All of which begs the question: If New York City doesn't recognize the value of a healthy transit system, who will serve as the much-needed role model for the rest of the country?

In happier Network news, Streetsblog San Francisco reports progress toward lifting the bike infrastructure injunction. Meanwhile, World Streets talks up shared public spaces, Hard Drive advises a reader on motorcycle noise, and Bike Portland bids farewell to Michael Jackson with -- what else? -- a bike ride. 

Green transportation advocates are pressing Congress to refuse any new spending that's not tied to reform of the existing system -- a call that influential senators in both parties ruled out today.

Senate Environment and Public Works Committee Chairman Barbara Boxer (D-CA) joined Sen. Jim Inhofe (OK), the panel's ranking GOPer, in endorsing another 18 months of the 2005 transportation bill.

The extension, Boxer said, should be "clean as it can be, clean as a whistle ... not with these policy changes, because it will in fact jeopardize a quick passage of this extension."

Boxer's agreement to an extension free of policy reforms appears to be an acknowledgment that Inhofe and most other GOP senators would slow down approval of the short-term transportation measure. But she faced a lone critic today in Sen. George Voinovich (R-OH), who challenged Boxer to back down from her opposition to raising the federal gas tax during an economic recession.

"I will tell you that if you go out to the people of America and say [a gas tax hike] is the solution, they're not going to buy it," Boxer said.

Voinovich reminded the Californian that she "is always talking about the environment; [drafting a new transportation bill] is going to have a huge impact on greenhouse gas emissions." He suggested that senators "look at" the House transportation bill offered by Rep. Jim Oberstar (D-MN) and pitch the American public on an increase in the gas tax, which has remained static since 1993.

In fact, recent polling supports Voinovich's argument, not Boxer's. A survey released earlier this year by the advocacy group Building America's Future found that 81 percent of Americans would pay more in federal taxes to support infrastructure investments.

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While the New York State Senate scrambles to salvage some dignity from the current legislative session, the Assembly has busied itself with a flurry of one-house lawmaking. Last week, for instance, the chamber passed a safe driving bill aimed primarily at teen drivers, sponsored by transportation committee chair David Gantt. It includes some good stuff, like extending the number of practice hours that must be completed before taking the driver's license exam. And it would create a new traffic infraction to penalize driving while texting or using any handheld electronic device, no matter how old you are. The bill cleared the Assembly in a 146-0 vote.

On the merits, the texting "ban" is weaker than another bill, sponsored by Assemblyman Felix Ortiz, which the transportation committee never brought up for a vote. Under the Gantt bill, a driver could be fined, but not pulled over, for texting behind the wheel.

"While we certainly support the intent of the bill, we have questions about specific language which would seem to greatly restrict its actual application," said TA's Peter Goldwasser in an email. "In short, unless an individual is committing another, different violation in the first place, then he or she is not subject to receiving a summons for violating this new offense."

In 2007, there were nearly 10,500 crashes in New York where the contributing factor was driver inattention or distraction, Goldwasser noted. Shouldn't that be enough reason to make distracted driving a standalone violation?

On balance, this bill would be a step forward for street safety in New York, but with the State Senate in the midst of its epic breakdown, the odds of it becoming law -- during this session, at least -- are vanishingly small. (So far, there's not even a version of this bill in the Senate.) This will be something to keep an eye on in the next legislative session. The speaker, the transportation committee chair, and the whole Assembly are on record supporting this bill, so there's no reason it shouldn't pass again when the opportunity arises.

So, based on the accumulated evidence, we can safely say that the man who allegedly blocked the Ninth Avenue bike lane with his 7,000 lb. Ford Excursion, exploded in a fit of rage when cyclist Ray Bengen tried to ride by without getting crushed, and sped off after knocking Ray to the ground (severely bruising his leg and damaging his bike), is this guy:

Gus Gonzalez.

Here's how Streetsblog commenters crowd-sourced his identity:

• A commenter identifying himself as a lawyer obtained registration information -- name, address, and date of birth -- for the license plate pictured in photos of the confrontation. The car is registered to "Dispirito-Gonzalez, L."
  
• The DMV records matched information available through a reverse address look-up for a Laura DiSpirito, who resides in Flushing.
• Streetsblog commenters quickly found Laura DiSpirito's Facebook page (a "fan" of celebrity chef and Queens native Rocco DiSpirito!) where they came across photos of a man who resembles the SUV driver who allegedly doored Ray Bengen. Photo captions identify him as Laura's husband "Gus," leading to speculation that the alleged perpetrator is named "Gus Gonzalez." (As of this afternoon, the Facebook page is no longer online.)
  
• Streetsblog called Laura DiSpirito's home a few times to confirm this information, but to no avail. A CBS2 news crew visited the house in Flushing and also was not able to ascertain the driver's identity.
• Finally, we called the Manhattan DA's office yesterday afternoon and the communications staff confirmed that a defendant named Gus Gonzalez has a court date scheduled for July 13, when he will face a charge of third degree assault arising from an incident on May 21. That matches information about Ray Bengen's assailant which was already public.

It's worth mentioning here that third degree assault is a Class A misdemeanor, same as the criminal mischief charge filed against Ray Bengen. The message from Manhattan District Attorney Robert Morgenthau's office is clear: slapping an SUV with your palm in self-defense is tantamount to violently knocking someone to the pavement, injuring him, and driving away before the authorities arrive at the scene.

Which brings us to the reason we're posting Gus Gonzalez's name and photo. If you drive away from the scene of a confrontation after inflicting bodily harm on someone, and you get to preserve your anonymity, it's a license to act like a sociopath. Unless you are somehow identified and apprehended, you can go about your business and present yourself as someone who doesn't intentionally harm other people.

Even as this investigation unfolded, police did not tell Ray Bengen the name of his scene-fleeing assailant. That information usually doesn't come out until the case goes to court. Luckily, this time, there were witnesses and photographs.

Over 315,000 bus riders cross the Hudson River each weekday. More than half of these bus riders travel through the Lincoln Tunnel, but the exclusive bus lane, which only operates during the morning rush hour, is at capacity.

This Streetfilm, produced in collaboration with the Tri-State Transportation Campaign and with animation by Hugh Gran and Carly Clark, offers recommendations on what the Port Authority of New York and New Jersey can do to improve these bus crossings. You can also download TSTC's full May 2009 report on area bus service [PDF] for more info.

Watching Ray LaHood's testimony to the Senate EPW committee, Elana Schor tweets that the fat lady is singing for the House of Representatives' effort to get the transportation reauthorization done quickly. And there are lots of other fireworks as well.

You can follow all of the action live on the committee's web site, right now, 11:15 am EST.

Today on the Streetsblog Network, we ever-so-gingerly broach the issue of etiquette when pedestrians and cyclists share the same space. Washington, DC Mayor Adrian Fenty has proclaimed pedestrian safety a top priority, and is backing up his words with millions in federal stimulus funds and a pedestrian master plan. Adam Voiland at DC Bicycle Transportation Examiner has also noticed a proliferation of signs instructing cyclists to dismount in pedestrianized areas.

Do such signs work? Rarely have I actually seen a cyclist abide by a dismount sign, though that's not to say they don't guilt riders into somewhat safer cycling habits. I certainly feel compelled to at least slow down when passing such signs. However, there are also plenty of riders chafing at the new signs.

A colleague of mine, a competitive mountain rider, shared her exasperation about the signs after a pedestrian chewed her out for not dismounting -- as a sign instructed -- near a bridge on the Mount Vernon bike trail. "The signs probably caused -- or at least exacerbated -- the problem," she said. "We’ve become overly concerned about safety, and we’ve forgotten that what we really need on the bike paths [is] for people to exercise good judgment."

Voiland goes on to cite the late Hans Monderman, who believed that traffic signs often do more harm than good. Are common bike-ped spaces appropriate laboratories for further testing this theory?

Also today: Tuscon Bike Lawyer describes how local police add insult, and then some, to cyclist injury; Grist admonishes the media for soft-pedaling on climate change; a guest blogger on the N Judah Chronicles extols the communal virtues of San Francisco's MUNI; and BLDG Blog argues that transit product placement is a steal.