Saturday, June 29, 2019

Lawyer Jesse Halfon explains legal liability re scooter laws. Caveat emptor

https://www.citylab.com/perspective/2019/06/electric-scooters-dockless-regulations-liability-helmet-laws/592861/

STUDY-Hunter College Grad Ctr. Helmet Use:Type of Cyclist


Use of Helmets
Altogether, over two-hs of the cyclists were observed wearing helmets. The
use of helmets varies considerably by type of cyclist. Fiy-four percent of male
commercial cyclists, who are mandated by law to wear helmets, were found to be
compliant with this law.
4
Notably, general riders were far more likely to wear a
helmet than Ci" Bike riders (45.2% vs. 30.3%). There is also a gender gap in the
use of helmets among both general riders and Ci" Bike riders. Among the general
riders, females are more disposed to wearing a helmet than their male
counterparts by a margin of 52.1 percent versus 44 percent. Among the Ci" Bike
riders, the gender gap remains but is considerably narrower (33.8% vs. 29.1%).
Table 2. Helmet Use by Type of Cyclist

                              Helmet Use by Type of Cyclist

     Helnet use   Male Gen'l   Female GR   Male Citi    Female Ci  Male             Total
                               Rider                              Rider        Rider        Commercial  
    Yes                   44%          52.1%            29.1%       33.8%         54.4%          43.1%


    No                   56%          47.9%             70.9%       66.2%        44.6%           56.9%

   Total                100%         100%              !00%        100%         100%            100%
                            1831         328                  875           284            837                4155
                          

Friday, June 28, 2019

20 Most Bike Friendly Cities -Wired Magazine NYC Conspicuously MISSING

              The 20 Most Bike-Friendly Cities on the Planet, Ranked

                 Although most cities cited are European-The Big Apple
                is conspicuously MISSING.

14th St plan "lacking in rationality" Taxis vs FHV

OPINION: 14th St. plan favors Uber and Co. over taxis

BY CAROLYN PROTZ AND SERGIO CABRERA | As The Villager has reported, city officials have developed a carless plan for 14th St. in order to mitigate the impact of intermittent reductions of service on the L-train line. The plan has generated considerable anger among a number of local and advocacy groups who have now filed suit against the city. (https://www.thevillager.com/2019/06/suit-slams-14th-st-bus-plan-urges-court-action/)
Somewhat lost in all of the controversy surrounding the lawsuit is the fact that the city has given for-hire-vehicles like Uber and Lyft (F.H.V.’s) — but not New York City taxis — special dispensation to traverse 14th St. in order to pick up passengers. This special
Taxi medallion owners charge the city’s proposed 14th St. plan unfairly favors for-hire vehicles, which passengers can contact to pick them up on 14th St. Under the plan, yellow cabs would not be able to “cruise” for fares on 14th St. — though taxis do have an app called Curb.
exemption is the essence of arbitrary and capricious, and should surprise no one that taxi medallion owners agree with the lawsuit’s observation that the plan lacks “some modicum of rationality.”
From a taxi standpoint, the lawsuit’s indictment of the plan was dramatized the other day at a City Council hearing on the role of New York City and the Taxi and Limousine Commission in the decimation of the value of the taxi medallion. Councilmembers took turns excoriating the T.L.C. for its willful blindness and collusion in the decline of the industry. (https://www.nytimes.com/2019/06/24/nyregion/taxi-medallion-investigation.html)
One of the central complaints made by medallion owners was that T.L.C. aided and abetted the decimation of the taxi medallion by exempting F.H.V.’s from many of the same strict regulations that were mandated for taxis. (https://www.crainsnewyork.com/op-ed/real-killers-taxi-medallions)
Perhaps the most egregious example was the T.L.C. allowing F.H.V.’s access to the Central Business District — otherwise known as the “Taxi Exclusionary Zone” — for the price of a $250-a-year license when medallion owners had paid hundreds of thousands of dollars for that very same right.
Another exemption involved the requirement for wheelchair accessibility. The city mandated that 50 percent of all taxis must be wheelchair accessible by 2020 — a requirement that places extra financial burdens on cabbies. Yet, for more than four years, Uber and Lyft rejected the demands of advocates, and resisted all legal efforts at compliance. (https://www.nydailynews.com/opinion/stuck-neutral-de-blasio-leaves-wheelchair-users-curb-article-1.2957859)
In the end, a watered-down compromise was reached that falls far short of the taxi mandate, one that gives Uber and Lyft another unfair competitive advantage. (https://www.gothamgazette.com/opinion/7362-the-city-s-bogus-compromise-with-uber-would-hurt-riders-with-disabilities)
What aggravates us to no end, is that for the past four years, taxis (but not the F.H.V.’s) have contributed hundreds of millions of dollars to the Metropolitan Transportation Authority — 50 cents for each passenger fare. At the same time, as most transit experts agree, the F.H.V.’s have been draining resources and riders off of the buses and trains. Allowing a 14th St. exemption to the culprits who have made mass transit worse is really a case of adding insult to injury, not only to taxis, but to mass transit riders, as well. (http://fortune.com/2017/10/13/uber-lyft-public-transit-ridership/)
The bottom line is that if 14th St. is to be car-free, then there should be no exemption for any entity, but especially not for one that has played a major role in making congestion in New York City so much worse. (https://nyc.streetsblog.org/2017/02/27/its-settled-uber-is-making-nyc-gridlock-worse/)
However, if any exemption is to be created, it should be given to the taxis — whose numbers have been capped since 1937 — and which have always been seen as a protected public franchise and an iconic symbol of New York City.
Protz and Cabrera are taxi medallion owners
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ReasonMustWin's avatar
ReasonMustWin · 14 hours ago
This is an EXCELLENT piece and it highlights one of many things that is wrong with this " 14th experiment."

It reminds us again that for all the propaganda released about this plan, it was, and is, a disastrous plan for anybody but the lobbying groups that have deep pockets and influence our representatives.
+1
Charles's avatar
Charles · 12 hours ago
Quite an interesting article and the fact the tlc (F.H.V.) licenses were allowed to grow unchecked and they now seem to contribute the most to traffic congestion present in the city.

I wonder who (possibly), in the current city administration, was promised a job, from Uber or Lyft, after they leave their current government one or maybe campaign contributions to seek higher/other office?
0
Anonymous's avatar
Anonymous · 12 hours ago
Something smells fishy...
GREAT ARTICLE! THE TRUTH IS REAL AND CAN'T BE DENIED!

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Brownsivlle Cyclist fatlly struck #`13 2019

                       
For the second time in 4 days and the 13th this year a bicyclist has been fatally struck on the streets of New York City. Ten bicyclists were killed in all of 2018. In tonight’s incident a 57-year-old man was hit at high speed in Brownsville, Brooklyn.


--
Gary Baumgarten




Gary Baumgarten
reportergary@gmail.com
(732) 784-8551

Thursday, June 27, 2019

It's Not Easy Being Green editorial

                                                 
  • IT'S NOT EASY BEING GREEN
    It's not easy being green. Or NYPD blue. But the color of congestion
    is choleric.
    The bike build out was ballyhooed as “visionary”. A jewel in the crown
    of billionaire Mayor Michael Bloomberg's” luxury destination” It has been
    an exercise in zealotry. Resulting in world class congestion and a public
    safety crisis.
    An epidemic of scofflaw cycling has produced numerous injuries,
    deaths and too many harrowing close calls to count.
    Surely this was not the intention of Mayor Bloomberg or the
    visionaries.
    Transportation experts and laymen alike knew that importing European
    bike programs was misguided. The logistics of street width and population
    density are far different.
    It's like trying to force a square peg into a round hole. It's not easy
    being green.
    Bike lobbyists Transportation Alternatives acquired undue political
    influence. The DOT under Commissioner Sadik Khan avoided an
    environmental impact study. She also refused to join a task force-
    a cooperative effort-including the NYPD and FDNY-where reality
    would have been confronted.
    Where a responsible bike culture might have been established.
    NYPD enforcement was undermined by years of being kept on
    a short mayoral leash. Rogue cyclists acquired a sense of entitlement.
    Helmets were not mandated. Licensing fought.The outcry to have
    delivery cyclists-often employing motorized truck bikes-was derided
    as oppressive.
    All this side stepping of reasonable regulation enabled to “promote
    ridership.” The proof is in the pudding. New York has been taken
    for a ride.
    The Citibike program enables people to rent a bike. Avoiding repairs
    and maintenance. The lack of repair work and increasing commercial
    rent puts small bike shop owners out of business.
    Bike lifers who helped build the bike culture.
     
     The enterprise is now controlled by The Related Companies.The blue bikes have mechanical problems. Renters are less concerned about rough riding,repairs and personal safety.Tourists unaccustomed to city traffic take a ride on the wild side. Plunging into bike bedlam and motorists with congestion patience failure. A trickle of lawsuits indicates it may expand into a costly stream. According to a January 2018 study by Partnership for New York congestion will cost the city 100 billion dollars by 2013.The inability of emergency vehicles to negotiate bike lane squeezed streets can cost lives.There are over 3 million commuters who use public transportation 12 months a year. Around 80,000 cyclists-most of whom are young and healthy commute-weather permitting.What's wrong with this picture? A case of the tail wagging the dog.Bike lanes have shrunk vehicular lanes., One million more residents increases density. 50,000 more ride share vehicles. Voila world class congestion. First the public was slammed by rampant lawless riding. Recently congestion pricing was passed. Under whose control and exact terms still uncertain. What is certain is that the public has been hit by a tax. The result of unwise planning and political complicity. The bicycle advocates have conflated “going green” with an ends justifies the means bike build out. A dominoe effect has unleashed a bevy of problems. Tunnel vision disruptive. Politicians who are happy to accept campaign contributions while soliciting votes from a vociferous bike lobby say that it is an enforcement problem. Putting the onus on the NYPD whose authority has been undermined. What can be done? Ideally a comprehensive city plan. In the near term an independent study needs to be conducted. It would objectively assess the costs and benefits. Current and future of the bike build out. Thus providing reason and balance. The scooter lobby and two wheeled motorized vehicles are already bringing another layer of lawlessness. Ultimately it is in part an enforcment issue and needs to be treated as such. It deserves firm mayoral support. The NYPD needs to be given the tools and manpower to accomplish it. Use a compstat approach. Establish a unit that coordinates with local precincts. Cops on bikes. Cops on scooters. Licensing would provide revenue and a means of identification.Enforce the laws regulating delivery agents and the businesses that employ them. Enforcement at night is imperative. Finally enforcement must be smart, sufficient and sustained..

Poem-Close Call Bike Accident

This morning on First Ave and 12th St a bike rider went down.
On his own. I walked over as he pulled his bike to an island and leaned against a tree.                                                                            A road worker came over..The rider said he hit a pot hole. "Wasn't paying attention."                                                                             The road worker pointed out that he hadn't been riding in the bike lane.                                                                                               That area is smooth. Prepared to accommodate cycling.
Biker nodded his head. Holding his right thumb. Gathering himself.
Smart to be wearing a helmet.

Fortunate that a car hadn't been close enough to hit the downed cyclist.

Something to think about.

Monday, June 24, 2019

OP ED NYPOST 6-21-19 NY has to take back turf from 2 wheeled terros

New York has to take back its turf from the two-wheeled terrors

New York City’s entitled bicyclists regularly endanger pedestrians. So why does the city keep giving them more turf?
A new Hunter College study looked at Manhattan cyclists, and found that 24% blow through red lights, 30% use electronic devices while biking and 6.4% wheel the wrong way down the street.
That’s not just contempt for the law, it’s contempt for the people who have to scramble out of the way of these Lycra-clad menaces.
And while a bike may not be as deadly as a car, the cyclist is more likely to come up on you out of nowhere.
Plus, watching your phone while cycling is just nuts. “It’s difficult enough to navigate a city street on a bike in and of itself, but wearing an electronic device . . . could endanger other street users,” notes Hunter sociologist Peter Tuckel, who authored the study.
Sure, too many pedestrians also get distracted on their phones — but that doesn’t make them a menace to others.
But the cyclists somehow control ever more of the city, which now has over 1,200 miles of bike lanes, with more on the way. How does the loss of motor vehicle lanes not increase congestion?
Sooner or later, regular New Yorkers need to take back their streets.
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Subject: Fw: Fwd: Video: 'Nobody Cares' About E-Scooters Despite E-Bike Crackdown

Both need to be illegal-or the enforcement needs to be consistent and effective-for public safety reasons-and revenue raising. The current situation is NOT tenable.
Both Bloomberg & DeBlasio administrations have been negligent. The rogue riders have been enabled. The NYPD has been undermined and now seems to have
largely thrown up its hands. The public has been harmed. Every day we are reminded of this having to treat our every step as a walk on the wild side. NOT acceptable.
NOT worthy of New York City. It will require a mayor getting behind a cooperative effort. Compstat approach. Special squad that coordinates with local precincts. Cops on bikes. Cops on scooters., Sustained until the cyclists  ride responsibly and the public is calmed. Then consistent sufficient enforcement. Transportation Alternatives arm twisted and spun its way
to undue influence. Now its going to be harder to put the beans back in the lunchbox.Let's get this addressed prior to Mayor DeBlasio's exit. Leave a legitimate legacy of effective
governing.
Thanks-
Jack Brown
Coalition Against Rogue Riding

https://patch.com/new-york/upper-east-side-nyc/s/gqqb3/video-nobody-cares-about-e-scooters-despite-e-bike-crackdown?utm_term=

FEMALE MESSENGER FATALLY STRUCK ON 6th Ave

On Mon, Jun 24, 2019 at 4:13 PM Jack Brown <jckmbrown@yahoo.com> wrote:
Chirlane- Please convey to Mr. Seth Stein that his PR words ring hollow. Messenger was not in the bike lane so the system can be tight as a Riker's cell and if a rider doesn't use it-SO WHAT?  Time is coming when Mayor de Blasio is going to have to face the reality of this public safety crisis. Perhaps by that time his quixotic pursuit of the presidential nomination will have ebbed and flown.
Regards-
Jack Brown
Coalition Against Rogue Riding.



CHELSEA, Manhattan (WABC) -- A female bike messenger was fatally struck by a delivery truck in Manhattan Monday morning.

It happened just after 9 a.m. Monday on Sixth Avenue between West 23rd and 24th streets in the Flatiron District.

Authorities say the 20-year-old woman was riding in the middle of the street and not in a bike lane when she was struck by a white delivery truck.

The incident was initially reported as a hit and run, but police say the driver circled back and was not issued any summonses.

He was apparently unaware he had struck a person but was flagged down a few blocks from the crash and immediately returned to the scene.

The victim was bleeding from the head and was rushed to Bellevue Hospital, where she succumbed to her injuries.

Her identity has not yet been released, but friends say she was from Virginia and staying in Brooklyn.

The area was closed for the investigation, leading to major traffic delays.

The victim's helmet and belongings were still lying in the street hours after the crash.

The Department of Transportation says this is the 11th bicyclist to die this year, compared to 10 cyclists in all of 2018.

"We grieve at any loss of life on our streets, and our thoughts are with the victim's family and friends," said Seth Stein, a spokesman for Mayor Bill de Blasio. "While cycling continues to explode in popularity, we will continue our work to make our bike lane network safer for everyone."

On Jun 24, 2019, at 2:43 PM, Jack Brown <jckmbrown@yahoo.com> wrote:

Was she wearing a helmet? She was in the road-not bike lane. Something very sadly wrong with this picture.
The lack of a responsible bike culture is causing injury and death.How the situation in the streets and on the sidewalks
has come to this displays a negligence-a depraved indifference-to human life, the quality of life and human suffering in the
city. A public safety crisis that has been allowed to wind out of control by conflating going green with promoting an irresponsible
indifference to reason and balance. These deaths, severe injuries and untold number of harrowing close calls are the
result of a perhaps delusional assault on the rights of the public to satisfy the greed and ego of a few The reality is NO ONE
benefits with the streets and sidewalks out of control. NO ONE.
Jack Brown
Coalition Against Rogue Riding