The New York City Police Department (NYPD) recently amended its enforcement policy concerning cyclists who fail to comply with traffic signals and stop signs. Previously, such infractions were resolved at a Department of DMV known as the Traffic Violations Bureau. Under the new directive, these violations will now result in criminal summonses, thereby necessitating the cyclist to appear in criminal court to answer and resolve the charge.
The new policy is part of a larger effort to enforce five specific violations:
- reckless driving
- operating under the influence of alcohol or drugs
- driving the wrong way
- disobeying a red light
- failure to stop at a stop sign
The enforcement of this new policy is expected to be more pronounced in the following neighborhoods:
- Manhattan: Second Avenue, Sixth Avenue, Delancey Street and 125th Street
- Brooklyn: Broadway, Flatbush Avenue, Fulton Street and Grand Street
- Bronx: Fordham Road, 149th Street and Tremont Avenue
- Queens: Roosevelt Avenue, Steinway Street and Northern Boulevard
Legal practitioners and civil rights advocates have expressed apprehension regarding the implications of this policy change. The reclassification of minor traffic violations as criminal offenses may lead to increased legal burdens for cyclists, including court appearances. While a law firm like ours can appear for you in court for you, this necessitates paying a legal fee when you might otherwise not bother.
These tickets for red light violations are being written under VTL 1111d1, a violation. So, to me, it is unclear how these offenses can be treated as criminal if convicted. I do understand that NYC can decide for them to be heard in criminal court (but that is different than making a conviction to this state-wide charge a criminal offense). More to come.
Meanwhile, it is imperative for cyclists to be aware of the heightened enforcement measures and to exercise increased caution when operating his or her bicycle on the streets.
