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NYPD Voids Ticket That Cops Gave To Doored Cyclist Lying In The Street
By
Christopher Robbins
Published Nov 28, 2019
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By
Christopher Robbins
Published Nov 28, 2019
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The NYPD said they have voided a ticket issued to an injured and prone delivery cyclist in Chelsea on Monday afternoon. Police spokesperson Al Baker said that while the Domino's cyclist appeared to have been riding outside of the bike lane on West 21st Street when they were hit by the driver opening their door, the officers arriving on scene should not have ticketed the cyclist for riding outside the bike lane because they didn't witness the event.
"In accordance with NYPD guidelines and policies, an on-duty, uniformed officer working in his geographic assignment must personally witness a violation in order to issue a summons, even when video of the incident exists," Baker wrote in a statement. "In this case, no officer personally witnessed the incident."
Baker said this is also the reason that the driver was not cited for dooring the cyclist: "The video appears to show the motorist also in violation of state vehicle and traffic law but was not summonsed for the above reason."
Steve Vaccaro, an attorney and safe streets advocate, also noted the NYPD's deviation from their standard practice in this incident. Vaccaro has argued that dooring is a clear violation of the city's Right of Way law, which does not require NYPD officers to witness the event in question.
Baker did not say why the officers issued a ticket to the cyclist but not the motorist.
ABC News spoke to the 20-year-old delivery cyclist, Hhossain Rabbi, who said he found the summons in his pocket while he was being treated for a concussion, leg pain, and bruised arms. "I just see the pocket, what happened? I don't know, because I got accident they gave me ticket."
"Sir, were you in the bike lane?" one officer asks while standing over Rabbi, who doesn't answer. "OK, we have to give him a summons for not driving in the bike lane," the officer says.
Rabbi said the driver of the SUV saw him before he was doored.
"He see me," Rabbi said. "I'm coming too fast. But why he opened the door? I don't understand why he opened the door."
Two of the 28 cyclists killed on New York City streets this year died after being doored.
In a statement, City Council Speaker Corey Johnson, who represents the district where Rabbi was doored, said the incident "reinforces our citywide need for better bike infrastructure."
"I’ve also talked about the need to avoid any situation in which it looks like cyclists are punished after a crash while drivers are not," Johnson said. "I’m glad the summons was voided, but we need to continue having larger conversations about how to protect cyclists and pedestrians and how to ensure our enforcement methods are meant to keep our streets safe rather than punish those on two wheels.”
On Wednesday, a worker at the West 23rd Street Domino's said that Rabbi was at home resting, but did not suffer any serious injuries from the crash, and that he'd be back at work on Thanksgiving Day, delivering pizzas.
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Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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