senate Bill S489

2013-2014 Legislative Session

Requires vehicles equipped with wheelchair lifts to have safety belts that are used to secure individuals in wheelchairs while being lifted from or into a vehicle

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S489 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง375, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2151
2009-2010: S7044

S489 - Bill Texts

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Requires vehicles equipped with wheelchair lifts to have safety belts that are used to secure individuals in wheelchairs while being lifted from or into a vehicle.

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BILL NUMBER:S489

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to wheelchair transfer
safety

PURPOSE:
Any vehicle that is equipped with a wheelchair lift shall also be
equipped with a safety belt that shall be used to secure individuals
in wheel chairs while they are being lifted from or into such vehicle.

SUMMARY OF PROVISIONS:
Section 375 of the vehicle and traffic law is amended as defined in
the bill.

JUSTIFICATION:
Recent fatal accidents involving wheelchair bound individuals being
improperly transferred from vehicles without the use of a safety belt
have brought attention to the issue of wheelchair transfer safety.
Ninety-year-old Nancy Deffaa was wheelchair bound. She fell from a
transportation vehicle for wheelchairs after being placed in the open
doorway of the vehicle without a safety belt. She fell from her
wheelchair to the ground breaking bones in both her legs and arms.
After two weeks of severe pain Nancy Deffaa died. Volunteer or
municipal ambulances, invalid coaches, and any motor vehicle intended
for livery service should be designed to maximize the safety and
mobility of the individuals who depend on those services. If Nancy
Deffaa was wearing a safety belt her injuries, pain, and death may
have been prevented. By requiring that any vehicle that is equipped
with a wheelchair lift also be equipped with a safety belt, we can
help prevent accidents like Nancy's from happening to anyone else.

LEGISLATIVE HISTORY:
2006: A.11063 Referred to Transportation
2007: A.686 Referred to Transportation
2008: A.686 Referred to Transportation
2011-12: S.2151 Referred to Transportation

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   489

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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  wheelchair
  transfer safety

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

  Section 1. Section 375 of the vehicle and traffic law  is  amended  by
adding a new subdivision 52 to read as follows:
  52.  ANY VEHICLE THAT IS EQUIPPED WITH A WHEELCHAIR LIFT SHALL ALSO BE
EQUIPPED WITH A SAFETY BELT THAT SHALL BE USED TO SECURE INDIVIDUALS  IN
WHEELCHAIRS WHILE THEY ARE BEING LIFTED FROM OR INTO SUCH VEHICLE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02046-01-3

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