Local Cyclists Being Ticketed For Something That’s Not Actually Illegal

As one of the more traffic-conscious police precincts in the city, with recent failure-to-yield stings, pedestrian education, and increased attention to cyclist safety in Prospect Park, it may come as no surprise to learn that the 78th Precinct wrote the most tickets to bicyclists in 2014 for using cellphones — the only problem is, that’s not actually against the law.

According to data obtained by The Brooklyn Paper, our local precinct issued 151 tickets to cyclists using cellphones last year. While there is a law banning drivers from using cellphones, there isn’t one that applies to cyclists, though some argue that this law covers both. And there could potentially be a bike-specific law soon — Councilmember Mark Treyger has been pushing for legislation to ban texting while biking.

But still, it’s not illegal yet. A total of 427 summonses for using a cellphone while cycling were issued in 2014, the outlet reports, and though he wouldn’t comment on that aspect of it, the 78th’s Captain Frank DiGiacomo noted that his cops are just trying to make sure everyone stays safe.

“We like bikes, and we want to keep them here, but we want people to be safe,” he told them.

They do indeed like bikes — the precinct not only has bike parking installed in front of the station house, but they have cops on bike patrol.

The precinct stepped up vehicular enforcement last year after getting some heat for not doling out a single speeding ticket during a month in late 2013. As for ticketing drivers for cellphone use? According to the NYPD, the 78th Precinct issued 1,301 summonses for that in 2014.