Albany Legal Issues Blog

While certain cities in the State of New York have a reputation as being not-so-friendly for pedestrians, not all drivers are reckless when it comes to adhering to traffic laws. At the same time, safely getting around on foot in places like New York City is sometimes challenging, especially when some garbage truck drivers may not be paying attention to traffic laws as much as they should be. This is why the NYPD is cracking down on garage truck drivers by stepping up efforts to spot violations and issue tickets when necessary.

Officials say traffic violations involving garage trucks are a fairly regular occurrence. Common issues include speeding, reversing down one-way streets, and running red lights. Specifically, the focus of the crackdown is on the private carting industry, which primarily consists of vehicles that pick up commercial garbage, construction debris, and similar materials. There are approximately 7,000 such vehicles on the road in New York City.

Many drivers in New York have been accused of traffic violations. For those in certain professions like professional truck driving, even a minor a traffic violation can have a major impact on a career. Unlawfully passing a school bus is one such "minor" violation that trips up many motorists. Overtaking and passing a school bus is a violation of Section 1174 of the New York code.

A motorist can be charged if they are caught by law enforcement passing a bus from either direction if the bus has stopped on a public highway, street or private road for the intent of receiving or letting out passengers. This law is meant to protect the safety of children who may dart onto the street after being let out of a bus.

A week-long law enforcement detail in New York known as Speed Week aims to target drivers who are driving under the influence, driving aggressively and driving while distracted. Prior Speed Week operations in the state have led to dozens of tickets being issued to drivers for a variety of offenses. State police estimate that speeding contributes to approximately 33 percent of fatal crashes in New York. Across the nation, fatal car accidents claim the lives of approximately 42,000 individuals each year, and vehicular accidents are the leading cause of death in children under 3 years old. Hundreds of thousands of additional individuals suffer injuries as a result of car accidents each year.

Speed Week aims to reduce the number of car crashes, fatalities and injuries by citing those who are violating traffic laws. During Speed Week, law enforcement officers will use both marked State Police vehicles and un-marked Concealed Identity Tracking Enforcement, or CITE, vehicles in order to target motorists who are speeding. Law enforcement officers hope that the use of CITE vehicles will allow troopers to more easily identify drivers who are using cellphones while driving, speeding or driving aggressively. The vehicles can blend in easily with traffic but are easily recognized as emergency vehicles once the police activate the emergency lighting system.

New York law requires that drivers exercise care while operating a motor vehicle. Most states also have laws that prohibit certain actions while driving. For instance, evading a police officer is considered to be an example of reckless driving. Driving at an excessive speed or failing to stop at a stop sign or red light are also considered to be reckless actions. Drivers who are charged with DUI could also face a separate reckless or careless driving charge.

Those who are convicted on such a charge could lose the right to drive for a predetermined amount of time. Individuals who have had their licenses suspended in the past could experience a license revocation after being convicted of a reckless driving charge. Not having the ability to drive could cause an interruption to a person's livelihood. Other penalties include spending time in jail and paying a fine. It may be difficult or impossible to obtain military clearances.