City transit bus drivers will continue to be subject to arrest for traffic accidents involving pedestrians and bicyclists if responding police deem the accident to be the driver’s fault, Mayor Bill de Blasio said this week at a press conference in Staten Island.
De Blasio’s comments came as TWU Local 100, New York’s Public Transit Union, released its third advertisement yesterday, in an effort to bring attention to the arrests of bus operators under Mayor de Blasio’s Vision Zero law.
In June 2014, d.De Blasio unveiled his Vision Zero plan in an attempt to combat the high number of New Yorkers being injured or killed in traffic crashes. Annually, about 4,000 New Yorkers are injured and 250 are killed, about one New Yorker every two hours. Traffic accidents are the leading cause of injury-related death for children under 14 and the second leading cause for seniors.
The Vision Zero plan was intended to increase enforcement against moving violations, such as speeding and failing to yield to pedestrians, and to bring about legislative change that would increase the penalties for dangerous drivers.
However, TWU Local 100 feels that New York City Transit bus operators are being targeted after six bus operators have been arrested at the scene of accidents. The union argues that the Vision Zero law includes language that seems to exempt bus operators from arrest while on duty. Section E of the law reads, “This section shall not apply to operators of any bus duly authorized to operate in the city by the New York Transportation Authority.”
The union has filed suit in the New York State Supreme Court to void the section of the law that imposes misdemeanor penalties against drivers who violate the “right of way” and cause injuries. A statement on the union website says, “Short of clear evidence that the driver ignored safety rules or was operating under the influence, that’s for trained accident investigators to determine — not for officers on the scene to engage in a rush to judgement.” The union refers to these arrests as, “an unwarranted criminalization of professional drivers”.
TWU Local 100 embarked on a media campaign, running ads in several publications. The first depicts a bus operator in handcuffs under the message “We Are Not Criminals”. The second features bus operators in a police line-up with the above caption reading, “Not Your Usual Suspects”.
But according to Streetsblog.org, which advocates for the rights of pedestrians and bicyclists, de Blasio called the ads “absolutely misleading” and warned against the spread of misinformation at the Staten Island press conference.
“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,” said de Blasio.
DeBlasio defended his Vision Zero law, saying “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.”
Meanwhile a bill now before the City Council would exempt MTA bus drivers from Local Law 29-2014, which creates penalties for drivers who fail to yield to pedestrians or bicyclists who have the right of way.
The bill has 25 sponsors, one shy of a majority to pass.
