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NY Post Article Probes First Vision Zero Arrest

In a copyrighted article, New York Post writer Daniel Prendergast reported on the first arrest under the vision zero law, finding that the arrest never should have happened.

JULY 6 -- It’s more like zero vision.

The first city bus driver arrested for killing a pedestrian under Mayor de Blasio’s “Vision Zero” policy never should have been cuffed, according to a damning MTA report obtained by The Post.

A broken street lamp made it impossible for the veteran driver to see the man, who was on methadone at the time, the document shows.

Driver Theresa Gallagher, 62, was “put in a cell like a mugger” for fatally running over the man in the dark South Bronx intersection in October thanks to the initiative, which automatically slaps drivers with misdemeanor charges when a pedestrian is killed crossing with the light.

“[The Bronx DA’s Office] made her surrender three months later, and they met her in the lobby of the courthouse, and they cuffed her,” said Gallagher’s lawyer, Michael Armenti.

“They had her in a cellblock, and I was sitting outside trying to accompany this nice little lady who was just utterly devastated and had no idea what was going on,” he added.

Theresa GallagherPhoto: Victor Alcorn

Rail Commuter Passes Remain Valid After June 30 "expiration date"

MTA Chief of Employee Relations Anita Miller, in a June 26th letter to President Samuelsen, has confirmed that railroad commutation passes issued to TWU Local 100 members under our last contract agreement remain valid even though they say that they expire on June 30th. In her letter, she notes that railroad personnel on the LIRR and Metro North, both MTA operated railroads, have been advised that these Railroad Commutation Passes remain valid and that permanent passes will be issued soon.

Vets Fight Paying Off

Albany Wrap-Up: TWU Bills Advance; Fights Continue

                Two busloads of Local 100 members joined our dedicated Political Action team in Albany in the final days of the legislative session to push three bills that have high priority: vision zero, the veteran’s pension bill, and a bill for school bus disciplinary fairness. Two advanced to win passage in one house; the third awaits Governor Cuomo’s signature.

                Vision Zero easily grabbed the most media attention: a high-profile dust-up that pitted the Union, arguing for de-criminalizing Bus Operators in accident situations -- against Mayor de Blasio and holdouts on the New York City Council. Bicycle advocacy group Transportation Alternatives started the mud-slinging, saying Local 100 was looking for a “license to kill” on the roads – a complete distortion of our position, which was simply that fairness demands an accident investigation before charges are brought or arrests are made – particularly in cases where there is no obvious negligence or recklessness on the part of the Bus Operator.

                It was wonderful to hear – as did 40 Bus Operators in the State Senate gallery on Tuesday – legislator after legislator coming to the defense of TWU members in bus accidents, declaring that an accident is not evidence of guilt, and affirming the safety record of the MTA. The State Senate voted 54 to 6 to support our amendment to the Vision Zero law, forbidding the arrest of a Bus Operator on the scene of an accident where there is no reckless behavior. But the Assembly adjourned without bringing the bill to the floor for debate.  At this writing, the union continues to fight for fairness with direct action at the City Council and at City Hall.            

MTA Board Members Say Bus Operators Treated Unfairly Under Vision Zero

Bus operators are being treated unfairly under a controversial Vision Zero law - and the MTA shouldn’t sit quietly on the sidelines, two Metropolitan Transportation Authority board members said Monday morning. “I think the inequitable treatment of the bus drivers is something that does need to be addressed,” board member Jonathan Ballan said at the monthly NYC Transit committee meeting in Manhattan.

Board member Allen Cappelli said: “I do think bus drivers have been treated inequitably in this situation and, as their employer, we do need to in fact weigh in on these issues as we put these men and women out on the streets everyday.”

Six MTA bus operators and dozens of other motorists have been arrested under the “Right of Way” law that Mayor de Blasio signed last year. It directs police to arrest drivers if a pedestrian is hit in a crosswalk - even without evidence of recklessness like speeding. Transport Workers Union Local 100 has argued that drivers are set up for failure because buses have “blind spots” created by the placement of drivers’ side mirrors obstructing views of the street from behind the steering wheel. The city Department of Transportation’s signal system directs pedestrians into crosswalks at the same time buses are making left turns.

Local 100 has demanded that the MTA fix the “blind spots” with different bus designs and the city install left-turn only signals at dangerous intersections. “I think the alternate solutions that have been set forth by the union are something that we need to discuss at the board level,” Ballan said. Councilman Daneek Miller, a former bus driver, has introduced legislation that would prevent the arrest of non-reckless drivers after pedestrian accidents. Cappelli called the proposal “meritorious.” A similar bill is pending in the state Legislature.

“I’d like to know where the MTA stands as an institution on this issue and look forward to a discussion on it,” Cappelli said. Committee Chairman Fernando Ferrer, the former Bronx borough president, indicated the issue might in fact be discussed at a full meeting of the board when MTA Chairman Tom Prendergast is present. The next meeting is Wednesday.