Transportation Alternatives is proposing a bill in New York State that seeks to protect cyclists, pedestrians, highway workers, skateboarders, and other vulnerable road users. It is similar to existing laws in Oregon and Illinois.

The landmark Oregon bill defined a vulnerable roadway user as anyone not in an enclosed vehicle, and it established stricter penalties for anyone who kills or seriously injures a vulnerable user and is convicted of careless driving. These penalties include:

• Two mandatory court appearances (current standards do not require an appearance)
• 100-200 hours of community service
• Completion of a traffic safety course
• Up to $12,500 fine (waived if above requirements met)
• One-year license suspension (waived if above requirements met, but ODOT can place an additional administrative suspension)

The New York bill is motivated by the deaths of Hayley Ng, age 4, and Diego Martinez, age 3, who were killed by a delivery truck in January 2009 while walking with their preschool class in New York City. The driver had double parked while making a delivery and left the truck running and in reverse, when it rolled onto the sidewalk, killing two and injuring twelve others. The driver may not face any penalties under the New York State law in place at the time of the crash.

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