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Cyclists & NYPD Agree: A Cell Phone Bike Ban Is Dumb
By
Emma Whitford
Published Apr 15, 2015
Modified Apr 15, 2015
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Pacific Coast News
By
Emma Whitford
Published Apr 15, 2015
Modified Apr 15, 2015
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Are cyclists on cell phones a menace worthy of an NYPD crackdown?
At a City Council Transportation Committee meeting this morning at City Hall, Brooklyn Councilmember Mark Treyger made a case for his controversial legislation that would ban using cell phones while riding a bicycle in New York City.
State law currently bans texting or making phone calls while driving a car, and NYPD Legal Affairs Bureau spokeswoman Susan Petito confirmed this morning at the hearing that traffic laws applying to motor vehicles also technically apply to the operation of bicycles. However, she said summonses for texting bikers are currently "very rare": only six were handed out last year.
If passed, Treyger's bill would give NYPD officers the right to ticket any cyclist using a cellphone while biking. Treyger was sure to stress that the law would not apply to cellphones mounted on handlebars, which he compared to phone mounts inside cars.
"More New Yorkers are turning to bikes, more New Yorkers are getting smart phones and the Apple watch," Treyger said. "More people are turning to these mobile devices, and we need to keep up with this."
"Let's be crystal clear that the motorists bear the brunt of the responsibility of promoting safe streets," Treyger added. "But, after watching a cyclist almost cause a multi-vehicle accident in my neighborhood because he was not paying attention, I was surprised to learn that this was not specifically prohibited by City Hall."
Many cyclists have pointed out that Treyger's proposal would only encourage even more targeted harassment against cyclists.
"Sure, it's common sense that you shouldn't text while cycling, but there's not a shred of data to support that it even ranks as a cause of fatality on our streets," Paul Steely White, the director of Transportation Alternatives said after the hearing.
"Meanwhile, we know what's killing and injuring New Yorkers: by and large, vehicular speeding, and failure to yield to pedestrians in the crosswalk and cyclists in the bike lane. And yet, here we are spending hours and days debating a bill about texting cyclists? It's a question of priority."
Similar laws against texting and biking already exist in Chicago and California, where offending cyclists are slapped with a fine.
However, Treyger stressed that his texting ban would go hand in hand with another provision [PDF], giving first time bike-and-text offenders the option to take a biking safety course in lieu of paying $50. (So long as the first offense doesn't result in any injuries or property damages.) He added, somewhat loftily, "This is the most progressive ban in the nation. We are better off educating people, than simply fining them."
Back in 2012, the DOT established a mandatory online training course for delivery cyclists. However, no such course currently exists for non-commercial cyclists. Still, DOT representatives at the hearing pointed out that established safety efforts already exist: they regularly hand out pamphlets and free helmets.
During the question and answer session, Petito raised concerns that Treyger's law might not be practical. It is more difficult to enforce cycling laws than motor vehicle laws. "We don't want to further endanger the public by trying to chase cyclists. Bicycles are much more able to navigate than police cars, so it's generally difficult to enforce a violation against a cyclist unless the cyclist is stopped," Petito said.
As for Treyger's "progressive" solution of a mandatory safety class for cyclists instead of a fine, White retorted, "There isn't a mandatory class for motorists who kill and maim New Yorkers. Why should we start with cyclists? It's motorists who need a reeducation."
Last Fall, Streetsblog reported that police were issuing more tickets for speeding, running red lights, and failure to yield than in the two years previous.
According to the DOT, more New Yorkers are bicycling than ever, but cycling fatalities last year nearly doubled, from 12 in 2013 to 20 in 2014.
Tagged
bike lanes
cycling
mark treyger
Texting and Biking
vision zero
original
Emma Whitford
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