NY State Senate Bill 2009-S4011

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Apr 07, 2009	referred to transportation

2009-S4011 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1220-d, V & T L

2009-S4011 (ACTIVE) - Summary

Provides persons with disabilities with access to prearranged for-hire vehicles and shuttle services.

2009-S4011 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4011

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to access to
certain for-hire vehicles and shuttle services by persons with
disabilities


 PURPOSE :
The purpose of this bill is to provide persons with disabilities
access to prearranged for-hire vehicles.

 SUMMARY OF PROVISIONS :
Section 1 of this bill adds a new section 1220-d to the vehicle and
traffic law.  Paragraph one of this new subdivision sets forth
definitions to be used in this section. Paragraph two would make every
prearranged for-hire vehicle owner or shuttle service provider with no
more than ten vehicles advertise and provide accessible transportation
upon request and purchase at least one wheelchair accessible vehicle
the next time a vehicle is purchased. For companies with more than 10
but less than 100 vehicles, the same would apply for advertising and
providing accessible transportation. It would differ for larger
companies in the area of purchasing new vehicles. They would have to
replace 10 percent of their fleet within three years of the effective
date. For even larger companies of more than 100 vehicles, they would
have 5 years to replace 20 percent with wheelchair accessible

vehicles. Failure to comply with this subdivision would result in a
fine of at least $50 and no more than $150 per day from the date of
violation until compliance is met. A violation can also result in
revocation or denial of licensing or registration.

 JUSTIFICATION :
When it comes to the provision of private transportation
(livery/shuttle services) as it pertains to people with disabilities
there is no real comparable requirement such as what is available
under the Americans with Disabilities Act (ADA) within new facilities,
which must be accessible. The law does not require private
transportation providers to ensure wheelchair access in their vehicles
and it does not require them to purchase such accessible vehicles.
Therefore, citizens with disabilities are, for all practical purposes,
being discriminated against by such companies.

It is this gap or oversight within the federal law that this bill is
attempting to modify, which will serve to enhance community
integration and participation by citizens with disabilities. The
availability of such a service will also contribute to the
implementation of the 1999 Supreme Court Olmstead decision, as well as
provide an inexpensive choice for Medicaid medical service for
wheelchair users who, in the present, have no alternative but to use a
very expensive ambulance-like service costing the Medicaid program
millions of dollars, which could be dramatically reduced if such a
service was available.

An integral component of a transportation network in many communities
is taxi service. For many people, taxis provide the essential link
between home, the community-at-large and other transportation
services. However, for people who use wheelchairs this may not be an
option unless accessible taxi and shuttle services are available. As
the population of this state ages, the demand for transportation
services that address the needs of people with disabilities of one
kind or another will only increase. Improving the stock of affordable,
reliable and, most importantly, accessible transportation models will
become more necessary in the coming years.

 LEGISLATIVE HISTORY :

2008:  S.6928 Referred to Transportation

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the three hundred and sixty-fifth day
after it shall have become a law.

2009-S4011 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4011

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  access  to
  certain  for-hire  vehicles and shuttle services by persons with disa-
  bilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1220-d to read as follows:
  S 1220-D. ACCESSIBILITY IN FOR-HIRE VEHICLES. 1. FOR THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL  MEAN  A  MOTOR VEHICLE,
DESIGNED TO CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING  THE  DRIVER),
THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION
ON  A  PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE
OR PERMIT ISSUED BY A LICENSING  JURISDICTION.  THE  TERM  "PRE-ARRANGED
FOR-HIRE  VEHICLE"  SHALL APPLY TO VEHICLES AS DEFINED HEREIN REGARDLESS
OF ANY OTHER PROVISION OF LOCAL LAW OR RULE DEFINING OR DESCRIBING  SUCH
VEHICLES  BY ANY OTHER TERMS SUCH AS LIVERY, BLACK CAR, OR LUXURY LIMOU-
SINE.
  (B) "PRE-ARRANGED FOR-HIRE VEHICLE OPERATOR" SHALL MEAN THE REGISTERED
OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE,  OR  A  DULY  LICENSED  DRIVER
DESIGNATED  BY  SUCH  REGISTERED OWNER TO OPERATE THE REGISTERED OWNER'S
PRE-ARRANGED FOR-HIRE  VEHICLE  AS  THE  REGISTERED  OWNER'S  AUTHORIZED
DESIGNEE.
  (C)  "SHUTTLE  SERVICE"  SHALL  MEAN ANY PRE-ARRANGED FOR-HIRE VEHICLE
TRANSPORTATION OFFERED ON A FIXED ROUTE INCLUDING, BUT NOT  LIMITED  TO,
GROUND TRANSPORTATION OFFERED BY HOTELS TO AND FROM AIRPORTS AND TOURISM
DESTINATIONS.
  (D)  "WHEELCHAIR  ACCESSIBLE  VEHICLE" SHALL MEAN A VEHICLE CAPABLE OF
TRANSPORTING INDIVIDUALS WHO USE WHEELCHAIRS OR OTHER MOBILITY AIDS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07718-01-9

S. 4011                             2

WHO  ARE UNABLE TO TRANSFER FROM A WHEELCHAIR OR OTHER MOBILITY AID TO A
VEHICLE PASSENGER SEAT. NOTHING  IN  THIS  CHAPTER  SHALL  DIMINISH  THE
REQUIREMENTS  OF FOR-HIRE VEHICLES TO COMPLY WITH THE NON-DISCRIMINATION
REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990
(42 U.S.C. 12181 ET SEQ.).
  (E) "EQUIVALENT SERVICE" SHALL MEAN THE PROVISION OF SERVICES TO INDI-
VIDUALS  WITH  DISABILITIES,  INCLUDING INDIVIDUALS WHO USE WHEELCHAIRS,
THAT WHEN TAKEN IN TOTALITY IS EQUIVALENT TO  THE  SERVICE  PROVIDED  TO
PERSONS  WITHOUT  DISABILITIES WHEN MEASURED BY THE FOLLOWING CHARACTER-
ISTICS:
  (I) ABILITY TO ACCEPT RESERVATIONS;
  (II) FARES CHARGED;
  (III) RESPONSE TIME TO REQUESTS FOR SERVICE;
  (IV) HOURS AND DAYS OF SERVICE AVAILABILITY;
  (V) RESTRICTIONS BASED UPON TRIP PURPOSE; AND
  (VI) OTHER LIMITATIONS ON CAPACITY OR SERVICE AVAILABILITY.
  2. (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER  OR  SHUTTLE  SERVICE
PROVIDER  WITH  NOT  MORE THAN TEN FOR-HIRE VEHICLES SHALL (I) ADVERTISE
AND PROVIDE ACCESSIBLE ALTERNATIVE  TRANSPORTATION  UPON  REQUEST  OF  A
PATRON;  AND  (II)  PURCHASE  AT LEAST ONE WHEELCHAIR ACCESSIBLE VEHICLE
UPON ITS NEXT PURCHASE OF A NEW OR USED VEHICLE.
  (B) EVERY PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR  SHUTTLE  SERVICE
PROVIDER  WITH  NOT  LESS  THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE
VEHICLES SHALL (I) ADVERTISE AND PROVIDE ACCESSIBLE  ALTERNATIVE  TRANS-
PORTATION  UPON REQUEST OF A PATRON; AND (II) PURCHASE WHEELCHAIR ACCES-
SIBLE VEHICLES UPON NEED TO REPLACE EXISTING VEHICLES, OR  WITHIN  THREE
YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, UNTIL NOT LESS THAN TEN
PERCENT OF THE FLEET IS WHEELCHAIR ACCESSIBLE.
  (C)  EVERY  PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR SHUTTLE SERVICE
PROVIDER WITH NOT LESS THAN ONE HUNDRED ONE FOR-HIRE VEHICLES SHALL  (I)
ADVERTISE AND PROVIDE ACCESSIBLE ALTERNATIVE TRANSPORTATION UPON REQUEST
OF  A PATRON; AND (II) PURCHASE WHEELCHAIR ACCESSIBLE VEHICLES UPON NEED
TO REPLACE EXISTING VEHICLES, OR WITHIN FIVE YEARS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION, UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET  IS
WHEELCHAIR ACCESSIBLE.
  3.  FAILURE  TO  COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE  OF  NOT  LESS
THAN  FIFTY  DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY
FROM THE DATE A VIOLATION OCCURRED UNTIL  THE  DATE  SUCH  VIOLATION  IS
CURED.  A  VIOLATION  MAY  ALSO  BE  GROUNDS FOR REVOCATION OR DENIAL OF
LICENSING OR  REGISTRATION,  OR  RENEWAL  THEREOF,  UNDER  SECTION  FOUR
HUNDRED  ONE  OF  THIS  CHAPTER. THE LOCAL AND STATE AUTHORITIES CHARGED
WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE
VEHICLES AND SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO  ISSUANCE  OF
SUCH PERMIT, LICENSE AND REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.

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Senate Bill S4011

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S4011 (ACTIVE) - Details

2009-S4011 (ACTIVE) - Summary

2009-S4011 (ACTIVE) - Sponsor Memo

2009-S4011 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4011

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S4011 (ACTIVE) - Details

2009-S4011 (ACTIVE) - Summary

2009-S4011 (ACTIVE) - Sponsor Memo

2009-S4011 (ACTIVE) - Bill Text download pdf

Comments