Councilman Rory Lancman (D-Queens) says he plans to introduce an amendment to the mayor's Right of Way law tomorrow that would further define when a driver could be handcuffed for hitting a pedestrian or cyclist.
Mayor Bill de Blasio's law, which went into effect last August as part of his Vision Zero initiative, made it a misdemeanor punishable by up to 30 days in jail for a driver to injure or kill a pedestrian or cyclist who had the right of way.
Lancman's amendment would require cops to take into consideration "visibility, illumination, weather conditions, roadway conditions, roadway design, faulty vehicular equipment or design," and whether the pedestrian was also following the rules.
Lancman says he's pushing the bill because the NYPD would not clarify for him what constitutes a driver failing "to exercise due care" under the law.
"We cannot let people get arrested and potentially sent to jail without a clear understanding of what type of conduct is criminal and not criminal," he said.