Once upon a time, before the 2010 cuts decimated transit service in NYC, the MTA worked to ensure that off-peak subway service met increasing demands. From 2000 until 2010, as off-peak demand, especially between 5 a.m.-7 a.m., increased, the MTA responded in turn, adding more service so that the percentage of off-peak trains generally aligned with the percentage of riders using the system during these early hours. But since 2010, as New York City’s economy has rebounded from the depths of the recession and off-peak commuting has increased, the MTA hasn’t added service at a commensurate level, and this service gap is hurting New York’s lower-income workers, according to a new report by NYC Comptroller Scott Stringer.

“During rush hour, we’re packed into subway cars like sardines. But outside traditional ‘9-to-5’ travel, off-peak service is fundamentally failing to meet demand. It’s a crisis within a crisis, because over the past decade, the nature of our economy has changed,” Stringer said in a statement, “and ridership late-nights and early mornings has risen while actual service to match it has not. That means that those who need service to get to work during non-traditional hours are stuck with a crisis not of overcrowding, but of infrequency.”

Subway service to and from the Manhattan hub has not kept pace with growing ridership in the early morning (5 a.m. to 7 a.m.)

The crux of Stringer’s argument is the chart above. Based on the nature of New York City’s economic recovery, as more jobs have shifted outside of the 9-to-5 realm, the MTA has not added service to meet demand. Thus, as Stringer put it, more riders are waiting longer for more crowded trains in the morning even as the MTA has engaged in an on-again, off-again PR campaign to ask riders to shift travel outside of the peak hours. Furthermore, riders who need to commute during these off-hours are generally earning around 20% less than those who travel for traditional peak-hour jobs. They can ill-afford sub-par transit service, but that’s what they’re getting.

The numbers are stark: Since 2010, ridership to and from Manhattan has jumped by 14% in the two hours before 7 a.m. and by 13 percent in the four hours after 7 p.m. Meanwhile, over the same period of time, train service declined by 3 percent between 5 a.m. and 7 a.m. and increased by only 3 percent between 7 p.m. and 11 p.m. Thus, anecdotes of 10:30 p.m. trains packed to crush load are borne out by numbers that show service failing to keep pace with ridership trends. As Stringer notes, these unreliable commutes can lead to reprimands at work, docked pay, termination and a general slow-down in productivity. His office had previously estimated that subway delays cost around $400 million annually in lost productivity and wages.

Subway service in and out of the Manhattan hub did not keep pace with growing ridership in the early morning and evening from 2010 to 2016

Stringer’s report has some interesting trend information concerning commutes. As ridership has exploded over the past 30 years, commuting patterns have undergone a dramatic shift. In 1985, a whopping 49 percent of daily ridership into the Manhattan central business district occurred between 7 a.m. and 9 a.m. Now that number is only around 28 percent. In essence, all of the people riding in 1985 between 7 a.m. and 9 a.m. are still doing so (and then some), but off-hour commuting which was non-existent to a combination of safety concerns and lack of jobs has exploded.

Meanwhile, people are waiting much longer. Stringer’s report notes as follows:

While the MTA may be restricted from increasing frequencies in peak hours due to aging infrastructure and underinvestment, these capacity constraints are less relevant in the early morning and late evening. In fact, the MTA runs 60 percent fewer trains from 5 a.m. to 6 a.m. than it does from 8 a.m. to 9 a.m. and 38 percent fewer from 9 p.m. to 10 p.m. Clearly, there is ample train and track capacity at these hours.

This dramatic decline in off-peak subway service, of course, leads to significantly longer wait times for riders. During the morning rush hour, for instance, 87 percent of subway lines run more than six trains per hour and 36 percent run more than 12. That means that passengers will rarely wait more than five or ten minutes for a train—provided all goes well.

By contrast, in the evening (8:30 p.m. to 10:30 p.m.) and early morning (5:30 a.m. to 6:30 a.m.)—when a growing number of workers depend on public transit—subway service is significantly diminished. Just 47 percent of subway lines maintain headways of less than 10 minutes in the evening and only 10 percent maintain frequencies of less than 5 minutes. In the early morning, meanwhile, only 43 percent have headways of less than 10 minutes and zero have headways of less than five minutes. Looking at individual lines, the biggest drop-offs in the early morning are on the 1, 6, 7, B, and W trains, where hourly throughput declines by more than 50 percent in the peak direction, as compared to the A.M. rush. In the evening hours, the 4, 5, A, B, and F lines experience a similar fall in service.

This is, of course, not a surprise to those who have tried to ride outside of peak hours. Waits are noticeably longer, and trains tend to be nearly just as crowded off-peak on some lines as during the peak due to these increased headways. As I mentioned, it’s particularly jarring in the context of numerous MTA officials urging those with flexibility to commute at off-hours to do so. Percentagewise, at least, a significant number of commuters have moved to these so-called off-peak timeslots, but the MTA hasn’t provided a carrot in the form of increased service to go with the stick.

Where I find Stringer’s report lacking however is in its messaging. The recommendations are on point; the MTA, he says, should perform a comprehensive review of scheduling and strongly consider how latent or induced demand can further drive up off-peak commuting. But in releasing the report to the public, he also tried to use it as a crudgel to beat on the drum of city support for the MTA’s subway action plan. He says city support of the subway action plan will ensure the trains run on time, but he could use this report to call for the subway action plan to directly add more off-peak service. It would be a better use of the money anyway than the SAP band aid that many think won’t actually fix anyone’s commute.

Ultimately, though, the overall message is one worth remembering: Yes, the MTA needs a new signal system and a comprehensive overhaul of its procurement and construction processes. By as with the signal timers, commutes are worse than they should be because of choices made at the MTA. The agency is not a bystander in the accelerated slow-motion collapse of the city’s transit system.

A fatal J train crash on the Williamsburg Bridge consumed the front page of The Daily News on June 6, 1995 .

Early in the morning on June 5, 1995, Layton Gibson blew a red light on the Williamsburg Bridge and crashed his J train into a stopped M train. Gibson was going only about 20 miles per hour when his train collided with the one in front of him, and he died instantly as 54 passengers were hurt in the crash. A subsequent investigation determined that both human and mechanical errors led to the crash, and while Gibson did try to stop when he saw the M train ahead of him, the then-77-year-old signal system did not trip an emergency brake in enough time to avoid the collision.

Now, 23 years later, the MTA still hasn’t gotten around to beginning to replace that signal system, and it’s now 100 years old, a dubious achievement indeed. But in the aftermath of the crash, the MTA determined that many of the then-septuagenarian signals were too close together to adequate stop modern trains faster than their late-1910s counterparts, and thus, the MTA in conjunction with Parsons Brinckerhoff began to implement speed limits throughout the subway system. Richard Perez-Pena, writing for The Times back in 1995, told the story. The emphasis is mine.

About one-third of the system has the antiquated signals that are considered candidates for speed limits, though officials said not all of them will require one. Just how many will is still under study. Joseph R. Hofmann, senior vice president in charge of subways for the Transit Authority, an arm of the M.T.A., said the plan to improve the trains’ emergency brakes would eventually make many, if not all, of the slow-speed orders unnecessary. But that program will not be completed for more than two years, and in the meantime trains will have to slow down in dozens of places where no speed limits were in place before…In any place where there is not adequate stopping distance, the report said, the Transit Authority “must institute speed restrictions or take some alternate immediate action to insure at least 100 percent stopping distance.”

The PB report indicated that more thousands of signals did not have adequate stopping distances, and the MTA instituted immediate speed restrictions on some lines that, The Times said, added around four minutes of travel time. Over the years, those speed restrictions seemed to become a way of life and faded into the background of the subway crisis in which we are mired.

But a few months ago, I noticed something peculiar. Southbound 6 trains heading from 51st St. to Grand Central were inching through the tunnel, and it seemed a timer was to blame. I had noticed a few of these slower trips over the years; for instance, 2 and 3 trains heading north into 96th St. now begin to slow down as early as 86th when they used to run at speed well past the abandoned 91st St. station. I started asking around and heard the tales of new timers identified in the wake of that 1995 crash being freshly implemented and of a group trying to fight back against timers. No one could explain why the timers were necessary now, and nearly everyone involved with decision-making at NYC Transit and the MTA in 1995 has long since left the agency.

Aaron Gordon started asking around too, and he published this piece in The Village Voice last week on slower trains. It is a must-read on the state of the MTA. The gist of it is that much of the MTA’s woes, especially with regards to their default view that “overcrowding” is causing delays, are self-inflicted. The MTA slowed down the trains, and thus service is worse. I’ll excerpt here as Gordon picks up with the post-1995 changes to the speed limits:

NYCT had predicted that the signal modifications would only marginally affect run times. But the 2014 study — the first time the authority had attempted to analyze the impact of any of the revamped signals, using its improved data system — found 2,851 lost total passenger hours per weekday could be attributed to thirteen modified signals alone. That was almost double the predicted impact; for comparison, the modifications of those thirteen signals alone created 5 percent as much lost time as that experienced by riders of the entire London Underground on its average day…

NYCT’s estimates were so off in part because they didn’t account for a human element. The most problematic of the newly modified signals were “one-shot timers,” so called because the operator has only one chance to meet the posted speed limit. One-shot timers are easier and cheaper to install, say MTA sources; the more “shots” the operators have to get under the required speed, the more timing mechanisms have to be installed across a longer portion of track. (An MTA spokesperson disputed this, characterizing the decision to install one- or two-shot timers as safety-related.) But the consequences of going over the speed limit are high — the train is stopped, and the operator gets penalized — so many operators now opt to go well below the posted speed limit just to be on the safe side.

“The grade time signals force us to operate slower, and because they have been installing them gradually, the subways have been slowing down gradually,” the train operator told the Voice. “I used to be able to go from 125th Street to 59th Street on the A line in seven minutes. Now it takes around nine minutes!”

Gordon has talked with some train operators and others within the MTA who are laser-focused on the signal timer issue, and I have spoken with some within the MTA who have largely echoed Gordon’s reporting. A group within the MTA is working like mad to overcome bureaucratic inertia and resistance to rocking the post-1995 boat in an effort to better assess whether timers are necessary both in terms of safety and in terms of cost of worse service. If trains are running at slower speeds, then the MTA simply cannot run as many trains per hour as it needs to in order to meet service demands or as many trains per hour as the system was built to handle. Thus, bad service — slower service, more crowded service — is a choice the MTA has made and is not, as Gordon notes, due to overcrowding but rather a cause of it.

But Andy Byford, the new man in charge of Transit, seems to have his ear to the ground on this issue. In this week’s MTA Board materials, he states that he has “asked my team to look in detail at the effect on line capacity of various signaling changes that were progressively introduced as a result of the Williamsburg Bridge crash of 1995.” He also discusses his hopes to see if these changes can be “safely mitigated.” Gordon received a similar response from the new New York City Transit president for his article:

In an email to the Village Voice, Byford acknowledged that “changes made to the signal system (in response to a crash in 1995) have undoubtedly had an impact on subway capacity,” and added that NYCT leadership has already met to begin reviewing the issue. “We are studying the impact and what was done to see if adjustments can be made while still maintaining the safety benefit these changes (and more onerous flagging arrangements) were brought in to address. This renewed scrutiny is part of my drive to properly understand — then tackle — root cause. As I have already said, the real fix is renewed signal systems and that will be the anchor behind my Corporate Plan that I am currently working on.”

Gordon’s piece ends with a sad story from a TO who feels the MTA is trying to slow down trains at a time when New Yorkers need better subway service. I’ll leave you with the quote I gave Aaron for his story: “If you’re running trains at speeds that are lower than what the system capacity was designed for, then you’re losing capacity, and that’s a choice that you’ve made. If that’s a choice that you’ve made, then you have to prove to people why you’ve made that choice. And if it’s a question of a hypothetical safety situation that doesn’t come into play, then you kind of have to question how that analysis has been reached.” It’s now up to Byford to tell us why these signals are necessary and how the MTA can maintain safety standards while reducing timer-related delays and improving service.

A post shared by Zin-Zeta (@zetaphoreproductions) on Sep 7, 2013 at 7:11pm PDT

Over the past few months, as city and state representatives to the MTA Board have squared off over the scope and omissions in Transit’s Enhanced Stations Initiative, the MTA’s adherence to the requirements in the Americans with Disabilities Act has come under the microscope. The agency agreed a few decades ago to make 100 Key Stations fully accessible by 2020, and the MTA is, it says, on pace to meet this goal. Disabilities advocates say that, despite the Key Stations, the MTA routinely flouts the requirements of the ADA by not investing in elevators when non-Key Stations undergo renovations. That the ESI stations aren’t being made accessible is a key sticking point, and now the feds, focusing on a 2013-2014 renovation of the 6 train’s Middletown Road stop, have joined a suit alleging MTA violations of the ADA.

The suit, one of many the MTA currently faces alleging similar violations, has been working its way through federal court for nearly two years. A June 2016 DNAInfo article profiled it when the plaintiffs first filed. The feds, in something of a surprise move this week, filed a complaint-in-intervention to join the suit.

Geoffrey Berman, the U.S. Attorney for the Southern District of New York, condemned the MTA. “There is no justification for public entities to ignore the requirements of the ADA 28 years after its passage,” he said. “The subway system is a vital part of New York City’s transportation system, and when a subway station undergoes a complete renovation, MTA and NYCTA must comply with its obligations to make such stations accessible to the maximum extent feasible.”

The crux of the government’s complaint — available here as a pdf — involves the MTA’s request to the Federal Transit Administration for funding for the renovation. The agency spent $21 million but could not find a budget for elevators to make this elevated stop accessible. Prior to the renovation, the FTA had asked the MTA to defend its claim that it would be “technically infeasible” to include elevators, and the never MTA never provided such justification, the feds claim. Subsequently, the claim alleges, NYC DOT conceded that elevators could have been technical feasible had they been incorporated into early project designs. After a lengthy back-and-forth over funding, the FTA determined that the MTA had violated the ADA, and the MTA lost out on federal dollars for rehab. Now the feds are seeking an injunction mandating that the MTA install the necessary elevators at Middletown Road.

The MTA has said it will defend the suit on the merits, and disabilities advocates are thrilled that the feds are finally taking legal sides in this fight. A litigator with the Disabilities Rights Advocates noted that the feds’ involvement “sends a clear message to the MTA that they can’t continue to get away with business as usual.”

My semi-informed guess is that this is a test case for the feds and the MTA. Multiple other suits are percolating through the courts right now involving the MTA’s alleged violations of ADA requirements, but this one is a particularly strong one. It is focused on only one station and rests on a determination by a federal agency that the MTA actually violated Title II of the ADA. It’s as close to an open-and-shut case on the ADA as one may find, and if the MTA is intent on fighting it on its merits rather than settling, the feds are likely to win.

With a victory in their pockets, federal prosecutors would have stronger arguments for some of the tougher cases against the MTA, including potential suits targeting the Enhanced Station Initiatives. Transit Center’s Jon Orcutt, for one, recently told Politco New York that the MTA should probably be sued over the ESI, and this seemingly easy case puts that goal in reach. “They’re doing major work in stations and not doing anything on accessibility. They probably need to be sued directly on stations to bring that issue to a legal head,” Orcutt said.

Of course, this could still settle out, but it adds a new wrinkle to the MTA’s resistance to fulfilling the terms of the ADA on a system-wide basis, and it’s about time prosecutors forced the agency’s hand. The subway system should be on a path to full accessibility; it’s a moral imperative and a legal one too.