Brian Kavanagh

For the second year in a row, a bill to bring an end to NYPD’s self-imposed ban on penalizing motorists for careless driving has passed the State Senate, but apparently won't clear the Assembly.

Three years after Albany established the offense of careless driving, NYPD continues to apply the law in only a tiny fraction of crashes that result in the death or injury of pedestrians and cyclists.

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 targeted at NYPD’s self-imposed ban on penalizing motorists for careless driving has cleared the State Senate, but awaits passage in the Assembly.

Legislation targeted at NYPD's self-imposed ban on citing motorists for careless driving has passed the State Senate transportation committee.

At the February City Council hearing on NYPD traffic enforcement, council members and the public learned that a driver who injures a pedestrian or cyclist in New York City is not normally cited under the state vulnerable user laws unless an officer witnesses the violation. NYPD officials said department 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, because the citations are prone to being dismissed in court.

This morning's City Council hearing on traffic crash investigations is already having an impact. Public Safety Committee Chair Peter Vallone, Jr. and Transportation Committee Chair James Vacca announced today that they will introduce a resolution in support of Albany legislation to make it clear that the police can enforce the state's careless driving law.

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 … Continued