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New York Traffic Ticket Lawyer: What is Vision Zero?

In 2014, Mayor Bill de Blasio unveiled his Vision Zero policy as a way to eliminate all pedestrian traffic deaths in New York City. Studies that led to the creation of Vision Zero claim that 4,000 people are injured each year in New York City traffic crashes while another 250 are killed due to involvement in a traffic crash. The basic tenets of Vision Zero are as follows:

• There is no such thing as a traffic accident – instead, they are crashes that could have been prevented.
• There is no acceptable level of injury or death that stem from traffic crashes.
• The public should expect safe traffic behavior on the streets.

How does Vision Zero affect New York drivers? Vision Zero studies estimate that 70% of traffic crashes involving pedestrians are caused by driver actions, specifically speeding, failure to yield and improper turns, texting / talking while driving, and signal violations. As such, New York City has increased the enforcement of speeding and failure to yield violations in some effective ways.

Speeding
In November 2014, the un-posted speed limit in New York City was lowered from 30 mph to 25 mph as part of the Vision Zero initiative. In addition, enforcement of the new speed limit was heavily increased – in the first few months, the number of speeding tickets issued in NYC skyrocketed 40% from the previous year. Drivers have reported getting speeding tickets for going only 1-5 mph over the speed limit, which has not always been the case in NYC. The penalties for speeding tickets vary anywhere from 3-11 points depending on how fast over the speed limit the driver was going. 11 points or 3 speeding tickets within an 18 month period is often grounds for driver’s license suspension, while 6 points within an 18 month period will bring about an extra fee in the form of the Driver Responsibility Assessment.

Failure to Yield, Improper Turns, and Signal Violations
One of the biggest changes to come out of Vision Zero is the fact that drivers who fail to yield the right of way and seriously injure or kill pedestrians can now be charged with misdemeanors. In addition, the number of failure to yield tickets issued by the NYPD increased over 125% from the previous year. City bus drivers feel they are unfairly targeted by this new enforcement, especially since they are tasked with running tight schedules to keep commuters moving. 6 city bus drivers have been arrested since the change to the failure to yield law, though one of them was just recently cleared of any wrongdoing. Improper turn and signal violation tickets are already fairly common in New York City as “right on red” is typically not allowed on city roads, though it is allowed in other parts of New York as well as the surrounding states. Failure to yield tickets carry a penalty of 3 points, while improper turn and signal violations carry 2 point penalties.

Texting / Talking While Driving
One of the worst tickets drivers can get in New York is the cell phone / portable electronic ticket. Not only is it a high-point ticket (5 points), but it is also a difficult ticket to fight. Unfortunately, as part of Vision Zero and other distracted driving awareness pushes, there has been a huge increase in the number of cell phone tickets issued in New York. The burden of proof for a cell phone ticket is fairly low – an officer merely needs to see the cell phone in the vicinity of a driver’s head to issue the ticket, and drivers will typically need to pull call records from their cell phone provider to prove they were not on the phone at the time in order to stand much of a chance of beating this ticket. A police officer may issue a portable electronics ticket to drivers if they are touching any handheld electronic device – this includes iPods and MP3 players, GPS devices, and tablets.

Impact
Mayor de Blasio claimed that Vision Zero has been a great success, especially since 2014 proved to be the safest year for pedestrians in New York City since 1909. However, the mayor let everyone know there was still much work to be done since the goal of Vision Zero is to totally eliminate pedestrian traffic deaths. Other reports say that Vision Zero has seen mixed results since its roll out, with pedestrian deaths lowering in some parts of the city while actually rising in other areas.

Future
Judging by the amount of tickets written in New York City due to Vision Zero initiatives, as well as the relative success of the policy in its first year, it is a very safe bet the program will not only continue, but that officials will not rest on their laurels. Expect to see an even stronger focus on the targeted enforcement of Vision Zero violations as officials strive to reach their goal of eliminating all pedestrian traffic deaths in New York City. It’s possible that in order to reach this goal, higher monetary fines and point values will be attached to Vision Zero traffic tickets, all while steadily increasing enforcement of these traffic violations.

If you receive a speeding ticket, failure to yield ticket, cell phone ticket, or any other Vision Zero traffic ticket, please contact us immediately at 212-227-9008 to see how we may help you.

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