BUFFALO, N.Y. — With the holiday season underway and lots of people in a hurry, there are probably many distracted drivers in retail parking lots all across the state.
2 On Your Side looked into what some state lawmakers felt was a quirk in the law. It regards how police could go after perceived reckless driving on private property.
New York State Senator John Liu, who is a Democrat representing the 16th District of upper Queens in New York City, phrases it this way.
"My legislation seeks to close a loophole, which has been on the books for too long," he said.
He is referring to the ability of police agencies to actually enter a private parking lot for a store, mall, or some other entity like a school or church to go after reckless drivers who may be speeding or cutting through parking areas without enough caution for pedestrians or other drivers.
Gov. Kathy Hochul in October signed the bill he co-sponsored with Assembly colleagues to address the issue of reckless driving on private parking.
Senator Liu said, "Prior to this legislation law enforcement was only allowed, only able to enforce against reckless driving on public streets. Now we're extending the concept that driving could be reckless, and therefore require action by law enforcement on private property as well."
He added: "The owners of private property had to ask law enforcement to come on to their property in order to enforce some of the statutes. We're not trying to get in the way of private property owners and their property. But we're looking at places where there is a great deal of public engagement, public activity. People walking around. People shopping."
A Buffalo News story mentioned this new law, and if Niagara County prosecutors felt it might have applied in the fatal North Tonawanda accident in September involving a woman struck by a motorist at a cross walk in a store parking lot.
The Niagara County District Attorney's office declined an interview with Channel 2.
There were no charges by police and the new law is not retroactive but some feel it may raise future reckless driving issues in parking lots.
Of course, one police source did say they are plenty busy already just going after reckless drivers on the actual roads.
Whatever the case, there is this repeated advice for driving in store parking lots from North Tonawanda Police Chief Keith Glass, who told us in September, "Keep your head on a swivel especially with going through a crosswalk like that. You know Walmart — they're very busy, and you could be looking one way, and when you look back there could be somebody crossing that you didn't see five seconds before."
And again, distracted motorists, in a holiday season hurry, in a parking lot with perhaps weather issues, can pose potential risks. That includes even drivers cutting through open parking spots instead of driving in designated access corridors to reach a desired parking spot for the store entrance or to exit the lot.