The Fight to Preserve NYC’s Right of Way Law Moves to Assembly

The promise of the Right of Way Law enacted by New York City last year is that it will lead to detailed investigations of crashes that injure pedestrians and cyclists. By classifying the act of driving into a person with the right of way as a misdemeanor, the law provided an impetus for precinct officers to take these incidents seriously, find out what happened, and issue charges if warranted. The MO would no longer be to dismiss the crash as an “accident” and clear the scene as soon as possible to keep traffic moving.

A bill passed by the State Senate yesterday would seriously undermine the law. Police would not be able to detain a large class of professional drivers — including bus drivers, taxi drivers, and limo drivers — at the scene. Instead these drivers would receive a desk appearance ticket. As written and voted on by the Senate, without so much as a public hearing, the bill would apply statewide, and not only to charges under the NYC Right of Way Law, but to any charges for dangerous driving outside the scope of the state Vehicle and Traffic Law, such as reckless endangerment or assault.

Street safety advocates including Transportation Alternatives, Families for Safe Streets, and Mothers Against Drunk Driving oppose the bill on the grounds that it would create different standards of treatment for certain drivers under the law, needlessly complicating and therefore deterring investigations of traffic crashes.

Members of Families for Safe Streets will be in Albany today, urging the Assembly to stop the bill. You can tell your Assembly representative where you stand on the issue using this online form, and you can stand with street safety advocates at a press conference at 2 p.m. at 250 Broadway. A strong showing today could prevent this bill from becoming law.

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