Letter to Michael Bloomberg, NYC Mayor

[Suzined]

So I got upset last August and wrote a letter to Mayor Bloomberg. Yesterday I received a call from an aide setting up a telephone appointment with one of the Mayor's Commissioners. We're set to talk at noon, PST, Monday. Anyone want to critique, add to, or disavow the following letter?

August 4, 2007

The Honorable Michael R. Bloomberg
Mayor, City of New York
City Hall
New York, NY 10007

Dear Mayor Bloomberg;

I am very distressed to learn I will shortly be unwelcome in your city. I am a totally disabled former prisoner of war who relies entirely upon my Segway for mobility—I’ve learned a wheelchair is too uncomfortable, cumbersome, and accident prone to use as a substitute.

Recently the New York legislature passed a proposed law which adds S114-d, Art 34-C SS1270 - 1277, and S125, to State law. Among other things the law, presently awaiting the Governor’s signature, “provides for the operation and use of electric personal assistive mobility devices operated outside a city with a population in excess of one million on roadways; authorizes local governments to further regulate the use thereof”. This by itself is extremely restrictive to the handicapped community. But it gets worse:”...Use thereof in cities having a population over 1,000,000 shall be prohibited, unless such city authorizes the operation thereof.” (Emphasis added) I pasted this summary from http://www.cqcapd.state.ny.us/counse...ner/legl07.htm I will not bother to point out that such a state law must be interpreted in such a way as to create no conflict with the federal Americans with Disabilities Act.

I cannot see how I can possibly visit New York City unless your City Council takes action. I believe a simple City Ordinance which specifically authorized the use of Personal Assistive Mobility Devices by handicapped individuals in New York City would suffice. Details could easily be added by your various departments to implement such an ordinance. Initial reliance on a Disabilities Parking Privilege card issued by the Department of Licensing would suffice to identify most individuals. Refinements can easily be added as needed.

There is a non-profit, Segs4Vets, which donates Segways to the men and women of our military who, while serving in Iraq, sustain injuries which result in permanent disability. Imagine the public outrage if a Segs4Vets recipient visiting New York City is arrested. It is not all that absurd. This fall fifty-five more Segways will be given to members of the armed forces in a ceremony at Walter Reed Army Hospital in Washington, D.C. Any chance a few might go to a Yankee’s game? I hope you don’t have to appear on the O’Reilly Factor....

A simple ordinance appears to be in order.

Yours truly,

[KSagal]

Good letter. Keep us posted on the results.

[Tarkus]

I was not aware that NYC was a problem.

I've used my Seg there many,many,many times. Never a problem. The last time was late Sept. of this year.

I use a placard and when questioned by police or the like I told them why I use it and off I went.

As far as AB's, thats their fight.

Be Big,
Alan

[quade]

Originally Posted by Suzined

There is a non-profit, Segs4Vets, which donates Segways to the men and women of our military who, while serving in Iraq, sustain injuries which result in permanent disability. Imagine the public outrage if a Segs4Vets recipient visiting New York City is arrested. It is not all that absurd. This fall fifty-five more Segways will be given to members of the armed forces in a ceremony at Walter Reed Army Hospital in Washington, D.C. Any chance a few might go to a Yankee’s game? I hope you don’t have to appear on the O’Reilly Factor....

I was right with you until this paragraph.

You're threatening him. That's not going to help your case. I know it may seem like a good idea, but trust me, it's not. Rather than making your case look sympathetic (which you nailed in the first paragraph), it makes it look as if you're a bully.

[ArtL]

Originally Posted by quade

I was right with you until this paragraph.

You're threatening him. That's not going to help your case. I know it may seem like a good idea, but trust me, it's not. Rather than making your case look sympathetic (which you nailed in the first paragraph), it makes it look as if you're a bully.

I agree... good letter up till then. The "60 Minutes reporter on your doorstep/front page of the NY Times" factor is always on the mind of politicians, even liberals, so that bit wasn't necessary, but then again, it's already been sent and at least got a dialog going.

Recommend that in your discussion with the commissioner you mention that since NYC has always been so supportive of the military and veterans (maybe mention Fleet Week) and there are a growing number of disabled vets who are becoming Segway users through the good works of Segs4Vets, etc, etc... you get the idea.

[Suzined]

I had a very good conversation with Commissioner Southerland, NYC Mayor's Office, at noon today. Primarily he wanted me to know there was much discussion regarding the use of Segways in New York City. I suggested Segways should be regulated by their use, that is, if on a sidewalk they should be subject to the laws and ordinances regulating pedestrians, while in bike lanes those applicable to bikes, and on streets by the vehicle code. He did say my comments were well founded and that he would forward my letter to the Department of Transportation., He also stated he would contact me in a week or so to let me know of any progress.

The proposed New York statute was not signed by the Governor so the need for a New York City Ordinance was not triggered. However, NYC should have enabling legislation regardless and, if they do, will not find themselves having "backhanded" Segway requirements imposed upon them by the folks in Albany.

All is prelude....

[macgeek]

Originally Posted by Suzined

I had a very good conversation with Commissioner Southerland, NYC Mayor's Office, at noon today. Primarily he wanted me to know there was much discussion regarding the use of Segways in New York City. I suggested Segways should be regulated by their use, that is, if on a sidewalk they should be subject to the laws and ordinances regulating pedestrians, while in bike lanes those applicable to bikes, and on streets by the vehicle code. He did say my comments were well founded and that he would forward my letter to the Department of Transportation., He also stated he would contact me in a week or so to let me know of any progress.

The proposed New York statute was not signed by the Governor so the need for a New York City Ordinance was not triggered. However, NYC should have enabling legislation regardless and, if they do, will not find themselves having "backhanded" Segway requirements imposed upon them by the folks in Albany.

All is prelude....

You have done more to advance the segway in NY then all the NYC gliders combined!
I am going to court next week to fight a ticket for my segway (unregistered vehicle)
that I have been using to commute to work with now going on three years!
Please keep us informed, us here in NYC more then the rest LOL!

Jonathan

[Suzined]

I finally received an answer to my letter to Mayor Bloomberg. I was told the Mayor supported the Segway legislation this past fall but the Governor vetoed it. Give the below veto message some thought and let's see if we can put together a better bill than was sent to Governor Spitzer by the New York State Legislature.

We have not been unsuccessful--we have learned where the holes in the proposed law are. Frankly, had I been Spitzer, I'd have vetoed it myself, ther bill was that bad. The veto seems based upon a knee-jerk fear of the unfamiliar and the very predictable bogus safety concern we've all faced when going into new territory. Jerry Kerr's paper pretty much destroys the veto's concerns but we'll just have to address the safety issue directly to the individual advisers who put the kibosh on Segways.

Karl, could you send me a PM with the Segway legislation you'd drafted and submitted at the town hall meeting last year? As I recall it was truly an outstanding model.

VETO MESSAGE - No. 105

TO THE SENATE:

I am returning herewith, without my approval, the following bill:

Senate Bill Number 1353-A, entitled:

"AN ACT to amend the vehicle and traffic law, in relation to elec-
tric personal assistive mobility devices"

NOT APPROVED

This bill would legalize the operation of electronic self-balancing,
two-wheeled "personal assistive mobility devices" - commonly referred to
as Segways - on roads and highways outside of New York City. Segways are
one-person vehicles, ridden in a standing position, at speeds up to 12.5
miles per hour. The device weighs over 100 pounds, can carry a rider
weighing up to 250 pounds, and takes up to 20 feet to stop at full
speed.

Under current law, Segways cannot be used on the State's roadways
because they are motor vehicles that do not meet the requirements of the
Vehicle and Traffic Law. This bill seeks to treat Segways as bicycles,
but the two types of vehicles are quite different, and allowing Segways
on roads and highways raises a number of public safety concerns. Indeed,
the Segway user's manual specifically states: "The Segway PT is not
intended or recommended for primary use on roads. If you must ride on
the road, or must cross the road, be extremely careful. Ride as far away
from traffic as possible."

This is sound advice, for a number of reasons, including the follow-
ing:

* Individuals riding Segways on roadways will need to enter inter-
sections and make turns. However, Segways do not have turn signal
lights. Moreover, unlike bicycle riders who can use hand signals to make
turns, Segway riders are specifically instructed to keep both hands on
the handlebars of the device at all times. Thus, there is no practical
way for Segway riders to let drivers know when they are turning, which
raises obvious safety concerns.

* The bill permits children age 13 and under to operate Segways, even
though: (1) the Segway user manual recommends that riders be at least 16
years of age; and (2) half of all 13-year-olds weigh less than 100
pounds, but according to the manufacturer, riders weighing less than 100
pounds cannot shift their weight far enough back to slow down and stop a
Segway.

* The bill requires helmets to be worn only by operators age 13 or
____
under, despite the manufacturer's instruction that all users should wear
helmets, regardless of their age. Indeed, the manufacturer warns all
users: "Whenever you ride the Segway PT, you risk death or serious inju-
ry from loss of control, collisions, and falls."

* The bill permits Segways to be operated at night, with front and
taillights, while the user materials starkly instruct riders: "Do not
ride in the dark." This undoubtedly is due to the fact that, according

to the manufacturer, Segway riders must be careful to avoid "slippery,
icy or wet surfaces, loose materials (sand/gravel), steep slopes and
obstacles."

* Although the Vehicle and Traffic Law prohibits the operation of
bicycles on expressways and interstate highways, this bill permits
Segways to operate on these high-speed roadways.

* Although the language of the bill is not clear, it appears to permit
the operation of Segways on sidewalks, while clearly permitting locali-
ties to specifically authorize sidewalk use, which obviously raises a
number of other safety concerns, particularly relating to potential
collisions with pedestrians.

There is no question that, with practice, individuals can become adept
at riding Segways, and there are certain situations in which they can be
operated safely. However, this bill provides blanket approval for the
operation of Segways on roads and expressways throughout New York State,
and would force municipalities to pass local laws or rules if they
wished to protect the safety of their residents by prohibiting the oper-
ation of Segways on roadways and sidewalks within their jurisdictions.

The bill is disapproved. (signed) ELIOT SPITZER