Buffalo and Erie County Car Harm Reduction Manifesto

Traffic accidents are at an unacceptable high this summer. Evidently, our leaders are not able to get it in gear to protect the lives of pedestrians and cyclists.

Here are ten things that all of us in Erie County should do on an individual basis to start de-escalating menacing automobile behavior.

  1. In the car: Drive reasonably near the speed limit.

  2. Out of the car: Drive less. Seriously, plan your life like gas is twenty dollars per gallon.

  3. In the car: Protect cyclists and pedestrians. When you drive near them, you are their distant buddy who is helping to keep the world a safe place.

  4. Out of the car: Let your loved ones who drive sleepy, drunk, or stoned know that you will pick them up or send them a cab and that you will be very hurt and angry if they drive sleepy, drunk, or stoned.

  5. In the car: normalize not touching a cell phone when in the driver's seat. Ever. It's lava.

  6. Out of the car: I hate to say it, but for now, stay off the street as much as possible—even in areas where you're entitled to be. It's just a fact, until we get a handle on the screaming, fire-belching dragon that is our current car culture.

    Okay, now we get regional.

  7. Everyone person who is old enough to drive, find nineteen other people, and form your chapter of a "716 Car Crisis" League. Your "716 Car Crisis League" chapter is your support group for doing steps 1-6. NOTE: If you're in a block club or neighborhood group, you might already be in one.

  8. Your 716 Car Crisis chapter picks the most problematic area it knows, and once a month, write about it to the Powers that Be. Your chapter supports other chapters as they work for change.

  9. Instead of the Bills, snow, tornadoes, and whatever scandal is happening on social media, make small talk about the finer points of the DMV Driver's Manual.

    Example: "Did you hear the Bills are looking pretty weak in the pre-season?"

    "Nope, but did you know that for a good "space cushion" when driving, you should use the two-second rule? Always leave two seconds of space between you and the car ahead."

    [For more small talk tips, see https://dmv.ny.gov/brochure/mv21.pdf]

  10. Work with your 716 Car Crisis chapter to develop a plan to "Take Back Your Road."

    What is "Take Back Your Road?" It means creating the circumstances so your street is safe to cross, to cycle in, and to walk near.

    This will vary from place to place. In the city, people walk in the street—a habit that I (raised in farm country) found inexplicable until I realized it was a rebellion against the massive territory urbanites cede to the almighty car. This "share the road in the city" mentality should only grow.

    In the burbs, people give more deference to cars, but I sense that is about to change.

    And in rural areas—well, if you're driving a slow-moving tractor, you already own the road, and if you're behind it, you're already going slow. Just watch out for cyclists and dogs.

  11. In all areas, pressure local leaders to calm traffic through improved infrastructure design.

And now for the law part (this is a law blog, after all).

The law should catch up with and confront our toxic car culture. New York State’s Vehicle & Traffic Law and certain local laws and customs should be amended as follows:

  • No person charged with an infraction related to safety (speeding, blowing a stop sign) should be able to plea it down to a parking ticket. If a person is convicted or pleas to a violation related to safety, they should get the points required for the violation.

  • In a revised points system based on safety, points added for safety violations should lead to revocation.

  • The criminal penalties for driving without a license should be enforced, with affluent people unable to buy their way out of a ticket through a plea and a fine (while less-affluent people often go to jail).

  • Licenses should NEVER be suspended due to parking violations, lapsed insurance, and lapsed registrations. This is a war on the poor and a money-grab; it does very little to enhance safety.

  • Any broad traffic law enforcement effort related to safety enforcement needs to avoid the disproportionate and discriminatory impacts of previous "efforts" (which are often money grabs).

  • Drivers education courses should be free; non-commercial permits and license fees should be eliminated, and driver tests should be more rigorous.

  • The DMV should have a fleet of test vehicles so all people have the option to take their tests on a similarly functional car.

  • The law should be updated to require a (free) driving re-certification test once every five years, using new technology that will allow the test to be administered remotely. Just like workers get paid time off for sick days and prenatal care, as a public health initiative, there should be a paid day off for this (as a small business owner and in the name of safety, I am okay with this).

Let the construction of a safer world begin.