Silver Unveils Comprehensive Package Aimed At 'Putting The Brakes On Dangerous Drivers'

Bills Aimed at Addressing Reckless or Negligent Drivers Result of Statewide Public Hearings

Joining Silver at the Capitol news conference were bill sponsors (l-r) Assembly members Sandra Galef (D-Ossining), Bill Magee (D-Oneida), Michael Cohen (D-Forest Hills) and Codes Committee Chair Joseph Lentol (D-Brooklyn). Also attending the press conference were Assemblymen David Koon and Paul Tonko.

Assembly Speaker Sheldon Silver, Codes Committee Chair Joseph Lentol and a host of bill sponsors today unveiled a comprehensive driver safety legislative package aimed at clamping down on dangerous motorists and improving roadway safety across New York State.

Provisions of the package would implement tough reforms that range from increasing penalties for leaving the scene of an accident and comprehensive DWI reform, to creating a new crime of vehicular homicide for deaths resulting from the operation of a motor vehicle in violation of vehicle and traffic laws by drivers with proven records of dangerous driving, such as running a red light or stop sign.

Joining Silver and Lentol at a Capitol news conference today to outline the 17-bill package were Majority Leader Paul Tokasz and Assembly members Richard Brodsky, Ivan Lafayette, Harvey Weisenberg, Bill Magee, Sandra Galef, Michael Cohen and Frank Seddio.

"While New York has made real strides in making our streets safer in recent years, numerous press accounts have highlighted an on-going problem of deaths and injuries caused by dangerous drivers," said Silver (D-Manhattan).

Codes Committee Chair Joseph Lentol outlined provisions of the Assembly package aimed at stopping dangerous drivers.

"Unfortunately, there are too many drivers on the road who have been unable to curb their unsafe driving lifestyle. Their risky driving patterns must be halted. This package of bills does that. Dangerous drivers will now face penalties and jail time that will remove them from the roads and force them to exchange their bad habits for safe ones," Lentol (D-Brooklyn).

The wide-ranging package was announced following statewide public hearings held by the Assembly Codes and Transportation committees earlier this year to examine ways to eliminate deaths and injuries caused by reckless or negligent drivers. The hearings looked at issues ranging from what changes in the state's criminal and civil laws would be most effective in preventing motor vehicle deaths and injuries to which traffic safety design measures have worked in New York and elsewhere to reduce automobile deaths and injuries and how these measures could be strengthened. Based on the testimony of participants, the Assembly crafted the drivers' safety package.

"With cars capable of such high speeds driving on crowded roads, accidents will happen," said Lafayette (D-Queens). "Hopefully this legislation will reduce the number of injuries and deaths on New York's roadways."

Cracking Down on Hit and Run Drivers (Weisenberg)
This proposal would raise the penalty for leaving the scene of an accident at which a death occurred from a Class E to a Class D felony. Penalties for leaving the scene of a physical-injury accident also would be raised to a Class A misdemeanor.

Speaker Silver, joined by (l-r) Assembly members Galef, Cohen, Ways and Means Chair Herman "Denny" Farrell(D-Manhattan), Lentol, Ivan Lafayette (D-Queens), Frank Seddio(Brooklyn), Harvey Weisenberg (D-Long Beach) and Adele Cohen (D-Brooklyn) announces the 17-bill package which cracks down on dangerous drivers.

"The incidence of so-called 'hit, run and hide accidents' is a growing problem," said Weisenberg (D-Long Beach). "This bill cracks down with tougher penalties for those drivers who kill or injure someone in an accident and leave the scene of the crime."

Comprehensive DWI Reform (A.773-B\Gantt, with amendments; A.726\Gantt; A.2129\Tokasz)
The Assembly's comprehensive DWI reform plan would enact several measures to crack down on dangerous drivers. Assembly bill 773-B (with amendments) would create the new crime of "Aggravated DWI" for drivers who were convicted of driving with a .20 percent or higher blood alcohol level. Such drivers would face significantly higher fines, longer license revocation periods, plea bargaining restrictions and criminal penalties.

The bill would also increase the penalty for vehicular manslaughter from a Class D to a Class C felony where a driver killed more than one person or had a prior dangerous driving history. The bill would double the license suspension period for drivers who refused to take a chemical test. It would revoke the licenses of serious repeat offenders. Two other bills in the package A-2129 (Tokasz) and A-726 (Gantt) would increase financial support for local "STOP-DWI" programs.

"Every year, thousands of people are killed or injured in traffic accidents, and this bill is aimed at targeting the most dangerous drivers - those under the influence of drugs or alcohol. The STOP-DWI programs are proven, effective measures that make our streets safer. They deserve all the support we can give them," said Tokasz (D-Cheektowaga/Lancaster).

"We need to reinforce the fact that drinking and driving is a serious crime with serious consequences that we will no longer tolerate. I have long advocated that if a person is going to continue to make the bad decision to get behind the wheel after consuming alcohol, we need to take strong actions to deter that behavior. This legislation offers a comprehensive approach to curb these forms of reckless driving and punish offenders, which will effectively make our streets and highways safer," said Tokasz.

Vehicular Homicide (Lentol)
This proposal creates the new crime of "vehicular homicide." It would apply to drivers who have a history of unsafe, dangerous driving and kill someone while behind the wheel. Under terms of the legislation, these drivers who again cause death by committing any one of a number of major traffic violations would be charged with the newly created Class E felony crime of "vehicular homicide."

"Having spoken with many victims of reckless driving, I cannot fathom the utter disregard certain drivers show for the value of human life. So much can be lost as a result of careless, dangerous driving. I believe the passage of this package, which will hold reckless drivers truly accountable for their actions, will help to ease the present suffering of some and prevent future tragedies," said Lentol.

Extending and Expanding New York City Red Light Cameras
This legislation would extend the current New York City red light camera program for five years (until December 1, 2009), authorize the use of 25 additional cameras (making the total number of cameras 75) and strengthen certain features of the program, including requiring an annual report, which would include accident data at the camera intersections.

Money raised from the 25 additional cameras would be placed into a special city fund to be used for public safety purposes.

Accident Investigation Assistance
This plan would direct the State Police to establish a special unit to provide accident reconstruction assistance, upon request, to local district attorneys and police departments. In addition, each district attorney in the state would be required to designate at least one assistant district attorney as a vehicular-crimes prosecutor.

Pre-School Driver Safety
This proposal would apply the same stringent laws now applicable to school bus drivers to drivers of pre-school and nursery school children. These drivers would face more stringent qualification standards, annual driving reviews and criminal history background checks.

Convex Mirrors (A.9971-A\Seddio)
This legislation is aimed at reducing deadly blind spots on large commercial vehicles by requiring all trucks and tractors registered in New York State to be equipped with critical lifesaving equipment. If enacted, this bill would amend New York's Vehicle and Traffic Law to require all trucks, tractors and tractor-trailer or semi-trailer combinations having a maximum gross weight of 18,000 pounds or more to be fitted with a properly adjusted convex mirror.

Prompted by the "senseless death" of two young boys in Park Slope by a motor vehicle accident last February, Seddio said the legislation was a common-sense approach to reducing deadly "blind spots," which frequently prevent drivers from having a continuous, unobstructed view when operating large vehicles.

"Angel Estrada and Victor Flores lost their lives when they were hit by a vehicle in a tragic accident that very well may have been prevented if the truck had been equipped with a $60 piece of equipment that would have made the driver aware of their presence," Seddio said.

"The cost of these mirrors is so minimal, and their price so insignificant that they are worth doing," said Seddio. "However, regardless of the cost, if just one life is saved, the installation of these mirrors will be more than worth it."

Haz Mat Background Check Compliance
A 2003 statute enacted at the governor's request which directed the Department of Motor Vehicles (DMV) to conduct criminal history background checks on hazardous materials drivers, has not been implemented. The Assembly bill would direct that DMV to begin criminal history background checks immediately.

School Traffic Light Funding (A-456\Brodsky, with amendments)
This bill would authorize the state to pay the cost of installing new traffic control signals at entrances to schools.

"Traffic-control devices in and around our schools are of major concern to the safety of our children. They are far too important an issue to be limited by the constraints of local budgets. This bill seeks to help localities take the necessary steps to improve safety," said Brodsky (D-Elmsford).

"Safe Routes to Schools" Program (A.10057\Galef, with amendments)
This legislation would direct the Department of Transportation to establish a "Safe Routes to Schools" program, using federal funds for pedestrian\bicycle safety and traffic calming projects.

"Using federal dollars to build more sidewalks in our communities and near our schools helps those who want to walk or bike have a safer path away from the normal automobile traffic. Sidewalks keep us safe as well as provide us a healthy choice for travel," said Galef (D-Ossining).

Emergency Vehicle Safety (A-4260\Magee, with amendments)
This bill would require drivers to observe an appropriate reduced speed when approaching a stopped emergency vehicle with its lights flashing.

"The job of our police, firefighters and emergency medical personnel is hard enough as they put their lives on the line everyday in answering the call of duty. This bill will help to further protect our first responders by ensuring that motorists drive at a prudent and appropriate reduced speed when approaching and passing an emergency scene," said Magee (D-Oneida).

Other bills included in the Assembly's Driving Safety Package:

• CHIPS Funding (Budget Legislation) The Assembly has proposed restoring CHIPS capital funding to New York City and counties statewide. This money, which funds the statewide Consolidated Highway Improvement Program, is used for capital improvements that contribute to highway safety;
• Uniform Traffic Ticket Information This bill would expand a current law that requires police to note on any ticket for an alcohol or drug-related offense, whether a person was killed or seriously injured. Under the bill's provisions, deaths or injuries in connection with non-alcohol related moving violations would also be noted on the resulting ticket;
• Driver Reexamination (A.10419/Gantt, with amendments) This bill would authorize courts, upon sentencing a person convicted of a moving violation whom either is a repeat offender or who the court has reasonable grounds to believe is not qualified to operate a motor vehicle, to order the person to submit to a driver's license reexamination by DMV;
• Accident Data Processing Improvements This proposal would direct DMV to prioritize the processing of accident reports involving fatalities and serious physical injuries, thus providing DOT with more timely data identifying dangerous locations for mitigation; and,
• Additional Education Initiatives This bill would direct the Governor's Traffic Safety Committee to undertake a public education campaign to alert drivers to the dangers of drowsy driving, inattentive driving and the importance of safe driving behaviors. This bill also would require a joint DMV\DOT report to the Legislature and the governor recommending additional ways to combat drowsy driving on state roadways.

"As a member who has worked tirelessly to eliminate dangerous roads in New York City, such as Queens Boulevard, I applaud this legislative package that will help to remove the threat of reckless drivers from our streets," said Cohen (D-Forest Hills).

"This legislation takes the necessary steps to help curb automobile deaths and injuries caused by motorists who drive with careless disregard for the lives and safety of others," said Silver. "We look forward to working with the governor and Senate to enact these measures into law this year.