Looks like the Right of Way Law isn't going anywhere.
Testifying in the state legislature earlier this year, Mayor de Blasio was compelled to defend the new city law that makes it a misdemeanor for drivers to injure a pedestrian or cyclist who has the right-of-way. The law had come under attack from the Transport Workers Union, which wants to exempt MTA bus drivers, and the TWU contributes to a lot of Albany campaigns.
Back in New York City, a City Council bill to give the TWU what it wants currently has 25 sponsors, one shy of a majority. With the TWU about to run ads attacking de Blasio, and Council Member Rory Lancman reportedly set to introduce a bill that would add other exemptions, the Right of Way Law is still under threat. But as long as City Hall stands firm, the law should be safe from tampering.
At a press conference on Staten Island today, a reporter asked the mayor about the new TWU ads. De Blasio didn't equivocate in his response:
They’re absolutely misleading and I think they really should think twice before they continue to spread this misinformation. We made very, very clear that public employees are going to be treated like any other citizens.
There are more rigorous laws. Why? Because people were dying. You know, seniors were dying. Children were dying or being grievously injured. Job one of all of us in public service is to protect people’s safety, not to placate unions.
So, the bottom line here is -- we said, if the officer on the scene comes to the determination that it was an unavoidable accident -- as with any civilian -- there is no arrest. If the officer on the scene determines that it was an avoidable accident, and it would merit arrest for a civilian, there would be an arrest -- even for a public employee.
Very obvious example -- and I believe a number of the tragic instances we’ve had in the last year fit this example: The pedestrian had the right of way. You know, there was a walk sign. The pedestrian was crossing [with] the walk sign. That should not be a situation where a pedestrian is killed.
So, if the officer on the scene comes to the determination that that is... worthy of arrest, they will engage in the arrest. They will do it respectfully. They will do it in an honorable manner as humanly possible. But it is the obligation of the NYPD to treat everyone equally and they will.
