By:John C. O'Connell
Gov. Pataki sends anti-road-rage measure to state legislature for consideration
Drivers convicted of using their vehicles as lethal weapons will face much stiffer punishment if a bill being sent to the state legislature is passed.
Gov. George Pataki announced last Thursday that he's proposed legislation that combats road rage by making aggressive driving a crime, with serious penalties. Under current law, most cases of aggressive driving can be punished with only traffic citations.
"We have witnessed an alarming rise in the number of people who drive their cars in a hostile and threatening way," Pataki said at a press conference on the Southern Parkway in Valley Stream last week. "Automobiles can be deadly weapons in the hands of someone who is in a rage. This bill sends a clear message to all drivers: if you use your car in a menacing way, and put the safety of others at risk, you will be severely punished."
Of 1,585 traffic fatalities in 1999, 860 were attributed to aggressive driving, according to state police records. While criminal charges were pressed in some of these incidents because of other illegal behavior, the aggressive driving, per se, resulted in only traffic tickets, police officials said.
Superintendent of State Police J. W. McMahon said he's all for the governor's proposal. "We strongly support this legislation, especially because for the first time it actually defines in law what aggressive driving is, and beyond just defining it, it allocates appropriate penalties for those who use their vehicles as lethal weapons."
Superintendent McMahon said his troopers see "too many needless deaths on the highways. We must stop the road warrior who has total disregard for others."
If passed by the Senate and the Assembly, Pataki's law would increase aggressive driving penalties. First degree criminal aggressive driving would be punishable by two-and-one-third to seven years in prison. If convicted of the crime in the second degree, a driver could go to jail for one-and-a-third to four years. Third degree convictions are punishable by up to one year in jail.
The bill defines criminal aggressive driving, in its least degree, as driving with intent to harass, annoy or alarm another person. The offense is also committed when a motorist changes lanes or speed for no legitimate purpose, "thereby creating a substantial risk of serious injury or death to another person."
Second degree criminal aggressive driving is committed when a driver "recklessly operates a motor vehicle in a manner that creates a substantial risk of serious personal injury or death of another," or drives with intent to place another in fear of physical injury or worse, or displays a firearm.
The crime in its first degree is when the driver's criminally aggressive driving causes serious physical harm to another person.
The bill also includes license revocation and suspension provisions for dangerous driving. "We're also very glad to see a pre-licensing education component on anger management and road courtesy," the top state police official said.
If the governor's proposal is adopted into law, anyone convicted of criminal aggressive driving will automatically lose their privilege to drive for a certain period of time, and won't be able to obtain another license until they successfully complete a defensive driving or driver improvement program.
Major Walter Heesch, commander of the Long Island division of the state police, told the Herald, "This is an important piece of legislation. We're very much in favor of the governor's proposal because it not only shows a real support for the police but also the citizens who will benefit so much from this."
State Senator Dean Skelos, who welcomed the governor to the 9th Senate District, said that when Robert Moses was planning the roadways here in the 1920s and '30s he did not envision the kind of traffic we have now. "We have to take actions against those who would endanger the lives of hundreds of thousands. This bill would have strict penalties, not just to send a message that the behavior is wrong, but also to punish those who would put our lives in danger."
Chuck Hurley, director of highway safety for the National Safety Council, said that "one of the police's hardest jobs is pulling kids out of cars and calling on homes" to tell parents there's been an accident. "New York has a proud history of leadership in highway safety, and the governor's legislation and the committed excellence of New York State law enforcement will make New York a national leader in the fight against road rage."
State police also used Thursday's press conference on the Southern Parkway to show off a new weapon in their fight against high speed road warriors: a sleek-looking, midnight blue Chevy Camaro. Trooper Gay E. Cobham, of the Lake Success state police unit and one of the principal operators of the police chaser, was proud of his vehicle's very non-standard equipment and capabilities. "It's got front and rear stalker radar, on-board laser radar that can zero in on one particular vehicle moving along in a group of vehicles and track its speed with pinpoint accuracy, and it's got front and rear video."
"We certainly appreciate this legislation," Superintendent McMahon said after the conference, "as well as the new equipment the governor has given us" to help in the fight against dangerously aggressive drivers and other lawbreakers.
"We do have problems occasionally on Sunrise Highway," said Valley Stream Village Clerk Vincent Ang. "Hopefully, such measures will be successful in curtailing road rage and convince them to calm down."
"Alarmingly, instances of road rage are increasing in numbers and severity," said Assemblyman Thomas Alfano, who represents the 22nd District. "I believe the governor's proposal is another important step that is needed to help our police officers ensure the safety of our streets.
Keeping our roads safe is vital for our children and families," said Sen. Kemp Hannon of the 8th Senate District.
"I see road rage all the time," said Robert Barra, 21st District Assemblyman. "We saw it just last week coming down from Albany on the Thruway. We were doing 55, 65, and this guy goes past us so quickly we couldn't even get his plate number. This legislation has to be done. Let's face it, with these vehicles, you add heavy weight to high speeds and you have disaster."
Barra said he plans to propose to the Assembly an additional bill, one that would ban 18-wheel trucks from the left lane of state highways. "Sometimes the actions of these massive trucks on state roads contributes to road rage. We just have to get civility to return to the roadways."
