A lack of automatic penalties for a New York City driver hopping the curb and killing a pedestrian

Sarah Goodyear highlights an interesting legal area: New York City drivers whose cars kill pedestrians on the sidewalk do not automatically receive penalties.

In New York, unless the driver flees the scene (as happened in the Queens case mentioned above) or is intoxicated, crashes that kill pedestrians rarely result in criminal charges. “No criminality was suspected” is the mantra of the NYPD when it comes to pedestrian and cyclist deaths in general. The tepid police response to traffic deaths is even more jarring when applied to cases in which the vehicle actually leaves the roadway and enters what should be inviolate pedestrian space…

I talked to Steve Vaccaro, a lawyer who frequently represents victims of traffic crashes and is an outspoken advocate for pedestrian and bicyclist rights in New York City, and asked him to explain how running your vehicle up onto a sidewalk crowded with pedestrians can be seen as anything other than reckless. He explained to me that recklessness is in the eye of the beholder.“The standard for criminal charges is that the risk you take has to be a gross deviation from the risk a reasonable person would accept,” he says. “It’s about the community norm.”

And the community norm is to accept the explanations proffered by drivers such as the one who killed Martha Atwater – who, according to an unnamed police source quoted in the news, said he had suffered a diabetic blackout. Other drivers are let off the hook after simply “losing control” or hitting the gas instead of the brake. The ease with which pedestrian deaths are accepted by police as just unfortunate “accidents” has led to a deep cynicism among many observers of street safety in New York.

Shouldn’t the community norm instead be an understanding that if you drive your car in such a way that you end up on the sidewalk in the middle of one of the world’s most pedestrian-rich environments, you have somehow failed in your responsibility as a driver? Obviously, there are extreme circumstances, such as mechanical failure, in which a driver is not in any way at fault. But why are we so quick to dismiss the mayhem caused by motor vehicles as inevitable?

Seems odd to me. Frankly, pedestrians are not that protected on sidewalks. The speed and size of cars means the short jump up to the sidewalk isn’t much of an obstruction. But, perhaps this shouldn’t be too surprising considering how much Americans love cars and how much cities have been redesigned to accommodate cars.

This reminds that New Urbanists often make this argument about their neo-traditional designs for narrower streets that allow street parking and both sides and trees in the parkways. These conditions both slow down drivers, which could give pedestrians more time to react, and also provide barriers between drivers and pedestrians. Better that drivers who lose control hit inanimate objects than also harm other people in the process.

Russia, a country where drivers need a dashboard camera

Wired explains why many Russian drivers have a dashboard camera – and no, it isn’t just to capture images of meteors.

The sheer size of the country, combined with lax — and often corrupt — law enforcement, and a legal system that rarely favors first-hand accounts of traffic collisions has made dash cams all but a requirement for motorists.

“You can get into your car without your pants on, but never get into a car without a dash cam,” Aleksei Dozorov, a motorists’ rights activist in Russia told Radio Free Europe last year…

Do a search for “Russia dash cam crash” in YouTube — or even better, Yandex.ru, the county’s equivalent of Google — and you’ll find thousands of videos showing massive crashes, close calls and attempts at insurance fraud by both other drivers and pedestrians. And Russian drivers are accident prone. With 35,972 road deaths in 2007 (the latest stats available from the World Health Organization), Russia averages 25.2 traffic fatalities per 100,000 people. The U.S., by comparison, had 13.9 road deaths per 100,000 people in the same year, despite having six times more cars.

A combination of inexpensive cameras, flash memory and regulations passed by the Interior Ministry in 2009 that removed any legal hurdles for in-dash cameras has made it easy and cheap for drivers to install the equipment.

The quick sociological take: a particular political and organizational setting leads to an incentive for having one’s own camera to provide evidence in possible accidents. I wonder if there is a segment of Russian law that now is about ensuring the footage of the camera is accurate, not doctored, and trustworthy in court.

The next logical question in my mind then is why don’t more American motorists have such devices? They can’t be that expensive and could be worthwhile in certain situations (although our law enforcement is presumably more trustworthy). At the least, YouTube viewers could benefit.

Can changes in states bring about “zero deaths” by car crash?

It may be a very difficult goal to reach but a number of states are aiming for no deaths in car crashes:

So the immediate focus is on putting an end to crashes that lead to fatalities. The roots of the program can be traced to Sweden, where 16 years ago safety officials declared that zero crash deaths is the only morally acceptable goal.The Illinois Department of Transportation adopted the goal of zero roadway fatalities in 2009 when it revised the state’s strategic highway safety plan. About 30 states have established their own programs aimed literally at driving down the death toll to zero.

A new study by the University of Minnesota evaluating the effectiveness of zero-death programs found that the states that have worked the longest promoting the four “E’s” of safety — enforcement, education, engineering and emergency medical services — have been the most successful at reducing crash fatalities.

Washington State in 2000 and Minnesota in 2003 were the first states to adopt the zero-fatality goal, the study said. Utah and Idaho also operate successful programs in which the study determined that a statistically significant fewer number of crash fatalities occurred after the zero-death initiatives were introduced.

While the research suggests pursuing this goal cuts the number of deaths, is there a point of diminishing returns or where the number is more “acceptable”? Perhaps this cause might join with other long-term wars in the US: the “war on auto deaths.” There could be some interesting work for sociologists to do here about the social construction of these goals. As the article notes, pursuing no deaths is at leaset partly a “morally acceptable goal.”

Another possible takeaway from the article which notes there has not been a death in four years on a commercial aircraft in the US: people should be more afraid of driving than flying.

Six reasons Gen Y isn’t interested in cars

Howard Tullman gives 6 reasons in answer to the question “Why doesn’t Gen Y care about cars?

Emotional ties…

Mechanical abilities…

Technical constraints…

Economic realities…

Environmental considerations…

Political and regulatory changes…

If I had to vote for one of these reasons as being most important, I might go with number four. Owning a car is simply expensive and requires a long-term investment. Cheap reliable cars, say, under $5,000, can be difficult to find and the costs of insurance, maintenance, and depreciation are very real on top of expensive gas.

But, I think there are a few other reasons Tullman missed that could fit under his first and fifth reasons. Under emotional ties, it isn’t just that people don’t see owning a car as a “civic duty” but that Generation Y and younger have emotional ties to other objects like computers, video game consoles, and smart phones. Additionally, an interest in living in more urban areas might fit under environmental considerations plus the other bonuses such as culture and “scenes” present in big cities that are much more difficult to find in suburbs. Living in denser areas is seen as greener and such areas often offer more opportunities for mass transit or walking and biking.

A few other thoughts about the six reasons:

1. I think the interest in mechanical abilities has definitely shifted from analog objects, like cars, to digital objects. Generation Y is interested in “mechanical” activity but in a very different way.

2. Political and regulatory changes may discourage driving to some degree with stricter standards but this could also work in the favor of cars. If gas mileage increases significantly in the coming years, cars could be greener and small ones, in particular, could fit an urban ethos. The trick here might be making sure that these regulations don’t increase the costs of cars in such a way to discourage purchases. And, it remains to be seen if the federal government will significantly shift money toward mass transit and further encourage people to drive less.

How much do McMansions contribute to traffic congestion?

After seeing the Washington D.C. region leads the country in traffic, one reader of the Washington Post suggests McMansions have contributed to the problem:

Regarding the Feb. 5 news article “Washington again rated worst for traffic congestion in annual study”:

I don’t understand. The entire metropolitan region builds, builds and builds, squeezing  condos onto every block and ruining old neighborhoods with ghastly McMansion and townhouse developments.

Do officials consider quality of life? Don’t they realize how these new homes have a tremendous effect on our local traffic? We have overbuilt this area to death.

It would be interesting to see a study on this. I suspect the real answer is not McMansions over other forms of housing and development but rather the issue of sprawl. McMansions may often be found as part of sprawl but not necessarily; McMansions don’t have to be built on large lots, which leads to more spread out development, and they can be built as teardowns in denser areas. But once sprawl has already happened, it is more difficult to provide effective mass transit (even as the Washington region sees an expansion of Metro service to suburban counties). In other words, McMansions are symptoms of sprawl which leads to a lot of driving and traffic.

The experiences of a passenger in a driverless car

I have wondered about this: what is it like to be a passenger in a driverless car?

As we drove along Chicago’s South Lakeshore Drive, Muharemovic switched the car through three modes which can be selected based on what the driver wants and what the traffic situation entails…

Finally, there’s a Highly Automated mode that adds full-speed ACC with an automatic-resume function that uses free-space detection and side-sensing. This is the one we’re looking forward to.

In fully automated mode, Muharemovic completely removed his hands from the steering wheel and foot from the pedals. At one point he turned around for several seconds to talk to passengers in the backseat. He had a casualness that comes from getting used to the technology over thousands a miles and a steadfast faith in the systems he helped create…

A dyed-in-the-wool Detroit car guy, Muharemovic challenges anyone who fears that autonomous driving will take the fun out of motoring. “I’d like to meet someone who loves traffic jams,” he says, adding that his girlfriend has noticed that he comes home less stressed from his daily commute.

As this article suggests, it will likely take some time for drivers to feel comfortable letting the car do all the driving. But, once drivers see what their commute could be like, perhaps they would like the freedom.

Two other pieces of information I would like to have:

1. In fully automated mode, would traffic jams become shorter because traffic could be more evenly spaced? If so, this would be a double bonus: less traffic and not having to pay attention to whatever traffic there is.

2. I can only imagine what the early lawsuits might be like if one of these systems fails and an accident ensues or there is a glitch in the design. I was reminded the other day that nothing was ever found wrong with Toyota’s gas pedals yet they had to pay out millions in settlements. How much money could be on the line if an automatic system like this fails?

Data suggests urban residents in some cities leaning toward bicycles and away from “war on cars”?

Some recent data from Seattle, New York, and Toronto leads one writer to suggest the “war on cars” is over:

Here are some of the poll’s findings:

  • 73 percent of the 400 Seattle voters surveyed supported the idea of building protected bike lanes.
  • 59 percent go further and support “replacing roads and some on-street parking to make protected bicycle lanes.”
  • 79 percent have favorable feelings about cyclists.
  • Only 31 percent agree with the idea that Seattle is “waging a war on cars.”

The “war on cars” trope has long been a favored talking point for anti-bicycle and anti-transit types. But this survey and others seem to indicate that it might, at last, be wearing a bit thin, no matter how much the auto warriors try to whip up their troops.

Last year, a Quinnipiac poll of New York City residents showed that 59 percent support bike lanes, up from 54 only a few months earlier. Quinnipiac also found that 74 percent support the city’s sadly delayed bike-share plan. A New York City Department of Transportation poll about the Prospect Park Bike Lane – supposedly a bloody battleground of the war on cars that the New York Post insists the DOT is waging – found 70 percent of respondents liked the lane.

Toronto has also been a major front in this fight. The city’s embattled mayor, Rob Ford, famously declared that his election would mean an end to the city’s supposed war on cars. (He also said that when a cyclist is killed by a driver, “it’s their own fault at the end of the day.”) On Ford’s watch, Toronto removed some downtown bike lanes last fall, prompting protests and even an arrest for mischief and obstructing a police officer.

But the aftermath has been more constructive than martial. Tomislav Svoboda, the physician who was arrested for his act of civil disobedience, was recently joined by 34 of his medical colleagues in a call for faster construction of new bike infrastructure, asking the city council to “change lanes and save lives.” Even Ford seems to be feeling less combative. He came out the other day talking about a 2013 budget that will include 80 kilometers of new on-street bike lanes, 100 kilometers of off-street bike trails, and 8,000 new bike parking spaces.

Based on the data presented here, it sounds like these urban residents are moving toward a position where both cars and bikes can coexist in cities. This relationship is notoriously hostile as people have made zero-sum arguments: more bikes means less room for cars and vice versa.

But we could also look at why people have these opinions. Here are a few options:

1. Are bike advocates getting better at marketing or framing their cause (this is the suggestion at the end of this article)?

2. Are people generally less interested in cars (and this could be for a variety of reasons including cost and environmental impact)?

3. Are residents tired of paying for road improvements without little change in congestion (those new lanes just don’t help)?

4. Is there a genuine interest in shifting away from cars in cities and toward other forms of transportation (bicycling, more walkable neighborhoods, etc.)?

Oregon testing out five different ways to pay vehicle-miles traveled tax

The state of Oregon is currently running a small test program with five different ways of paying a vehicle-miles driven tax:

The new usage charge pilot program, which began in November and runs through the end of this month, involves about 40 volunteers from state government. Participants chose the tracking plan that best fit their privacy tastes and will pay 1.56 cents for each mile driven — receiving a credit for any gas tax paid during the test period. The idea is to make sure each tracking option works in practice…

The five tracking plans vary in terms of oversight. Two are managed by the Oregon D.O.T., three by a third-party vendor. They also vary in terms of payment: some require setting up an online account tied to credit or debit information, others go the old fashion route of monthly bills payable by check.

The key difference is the tracking system. Two advanced plans track mileage data as well as movement with a G.P.S.; the advantage here is that users aren’t charged a fee for driving on private or out-of-state roads — only public roads in Oregon. Two basic plans involve an odometer-type device that collects mileage data but has no G.P.S. to track movement. Users may end up paying a little more, but they’re getting privacy in return.

The most primitive plan, for people who want the most privacy, uses no tracking device at all. Users pre-pay a flat fee that assumes a monthly mileage. At some point, say when the car gets official inspections, the odometer is checked and the difference between miles paid and miles driven is reconciled…

Despite these cautions, Oregon is preparing to take its system public soon. The state legislature has prepared a bill that would implement a V.M.T. fee on all vehicles getting 55 miles per gallon or better. (The change only applies to car models beginning in 2015, however, and as currently written the law wouldn’t go into effect until that year.) Olson says the bill will be introduced sometime in 2013.

It sounds like this small test is more about finding about which of the five options are doable and/or appealing, mainly on the dimension of privacy, rather than asking whether a vehicles miles tax should be implemented at all. As the article notes, a bill will come up this year to start the ball rolling. If this is the case, why not run a test bigger than 40 state employees?

Another thought: the system is set up so that drivers only pay for driving on Oregon’s public roads. Wouldn’t a comprehensive system of driving tax collection have to account for driving in other states?

Broke highway fund might mean up to 250% increase in pay-per-mile tax

Here is more grist for the rumor mills about a pay-per-mile driving tax: a new GAO report suggests the tax will need to be increased from current levels.

An on-again, off-again move by the Obama administration to scrap the federal gas tax in favor of a pay-per-mile fee would boost the tab to Americans as high as 250 percent, raising their current tax of 18.4 cents a gallon to as high as 46 cents, according to a new government study.

But without a tax increase, said the Government Accountability Office study, the government’s highway fund is going to go dry. One reason the fund is going broke: President Obama’s push for fuel efficient cars has resulted in better mileage, and fewer stops at the pump.

The GAO study is just the latest review of federal spending that paints a grim picture of the nation’s infrastructure. Just keeping spending at current levels, the GAO said, would require a near doubling of the gas tax to 32 cents a gallon, and that would jump to as high as 46 cents should the federal government add spending to fix crumbling infrastructure and build new roads.

The average driver pays about $96 a year in federal gas taxes, said GAO. Should the administration seek to raise the highway trust fund from $34 billion to the $78 billion needed to fix and maintain roads, that could rise to $248. Translated into a pay-per-mile plan, drivers would face a tax of 2.2 cents per mile compared to the 0.9 cents they pay now. Trucks would pay far more.

Infrastructure and driving are not cheap. I imagine this might easily be the most unpopular tax in years even with its relatively small impact on individual drivers. How can the federal government make driving, a necessity in America due to our planning and past policies plus a favorite activity of Americans for decades, more expensive?

Considering replacing the gas tax with a tax per mile driven or a flat fee for electric vehicles

Here is a recap of efforts to replace the gasoline tax and the relatively less revenue collected because the federal gas tax hasn’t risen in years and the future decrease in gas consumption with more hybrids, electric cars, and fuel-efficient vehicles:

The favored answer of road engineers? Taxing by the mile driven. A handful of states — Oregon, Minnesota and Nevada — have already tested ways to use GPS and other electronics to adjust taxes. In the Nevada and Oregon tests, drivers had devices installed on their cars that sent data to special fuel pumps; those pumps automatically adjusted their fees based on how far the vehicles had driven, without revealing data that would amount to tracking drivers.

The GAO told Congress this week it should allow a similar test on electric vehicles and commercial trucks, and estimated that a pay-by-the-mile tax of 0.9 cents to 2.2 cents per mile designed to replace fuel taxes would raise a typical driver’s costs from $98 to between $108 to $248.

But it’s not the only answer to filling this financial sinkhole. Washington state lawmakers have put a flat fee of $100 a year on electric vehicles to make up for the gas taxes they don’t generate, and Oregon lawmakers may follow suit. In Virgina, Gov. Bob McDonald has proposed abolishing the gas tax entirely, replacing it with a sales tax and a new $100 fee on “alternative fuel” cars and trucks. That idea has already drawn fire from critics who point out that it would make Virginians who never drive pay for roads while letting people who travel through the state do so for free.

I’ve covered the proposals in some of these states earlier (see here) but I haven’t heard of the electric car flat fee. I imagine a flat fee will not be specific enough to target electric cars – why not just go by a reduced mile-driven rate as well to account for all of the roads being used?

I suspect the first state to institute this will encounter lots of protests. At what point can a tax like this be implemented: before taxes start to decline or only once it is really clear that gas tax revenues aren’t enough to cover road costs? A case could be made that we are already at the second scenario and need more revenue to cover federal roads.