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Dear News 10 NBC Editors:

On 18 August 2008, News 10 NBC ran a story about Mayor Robert Duffy’s “Zero Tolerance” crime policy. Part of the story featured footage of a Rochester police officer nearly running into a cyclist on a street in the 14621 neighborhood. Reporter Ray Levato cited this as an example of “zero tolerance” for crime.

Unfortunately, the crime was being committed by the officer, not by the cyclist. New York State motor vehicle law has this to say:

Section 1146. Drivers to exercise due care. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway …

And the New York State DOT web site offers this tip for safe driving near bicyclists:

When passing by a cyclist, check over your shoulder to make sure you have allowed adequate distance before merging back in or attempting a right hand turn. Experienced bicyclists can ride 20-25 mph and may be closer than you think.

Given the responsibility of the driver to exercise “due care,” it is clear in this instance that it was the officer who was at fault, not the cyclist.

The cyclist wasn’t wearing a helmet and admitted to having “bad brakes,” but neither of those facts has anything whatsoever to do with the officer’s responsibility to avoid hitting the cyclist.

I urge News 10 NBC to use this as a teachable moment, and to run a series of segments during your newscasts on safety procedures for drivers and cyclists. Let’s use this near-miss as a chance to score a hit for road safety in Rochester.

Sincerely,

Jason Crane
Founder
RocBike.com

TAKE ACTION!: Ask News 10 NBC to help promote driver and cyclist safety. Feel free to use the letter above or write your own, then send it to news1@news10NBC.com. You can also call (585) 546-5670.

Thanks to Cyclonecross for the relevant legal links.

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