senate Bill S7611

2013-2014 Legislative Session

Relates to van accessible handicapped parking

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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
Jun 20, 2014 committed to rules
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1187
May 15, 2014 referred to transportation

Votes

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Jun 3, 2014 - Transportation committee Vote

S7611
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S7611 - Bill Details

Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1203-c, V & T L

S7611 - Bill Texts

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Relates to van accessible handicapped parking.

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BILL NUMBER:S7611

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to van accessible handicapped parking

PURPOSE: To create Van accessible wheelchair only parking spaces.

SUMMARY OF PROVISIONS: Amends subdivision 1 of section 1203-c of the
vehicle and traffic law, as added by chapter 203 of the laws of 1981.

JUSTIFICATION: Currently under the American's with Disability Act, at
least 1 handicap accessible parking space in a parking lot must also
be a Van accessible parking spot. In addition, 1 in every 8 handicap
accessible spaces must be a Van accessible parking space. For example,
if there are 3 handicap accessible parking spaces, 1 most be Van
accessible, and if there are 25 handicap accessible parking spaces, 3
must be Van accessible. Van Accessible parking space must be 9 feet
wide and have an adjacent access aisle that is 8 feet wide. The 8
foot access aisle is necessary for vans equipped with a wheelchair
lift.

Wheelchair users who are operating their wheelchair accessible van
need to park in Van accessible parking spaces in order to use the 8
foot access aisle for their wheelchair lift. Often times these Van
accessible spots are taken by individuals with handicap placards who
are not wheelchair bound and thus, do not need the adjacent access
aisle.

When these Van accessible parking spaces are being used, it creates a
significant burden on wheelchair bound motorists. Other Handicap
spaces and non-handicap spaces do not work because they lack the
access aisle for the wheelchair lift.

Although the ADA requires that Van accessible parking spots be
provided, it does nothing to prevent non-van handicap vehicles from
parking in Van accessible parking spots. This legislation would
require that, when a parking lot has 5 or more handicap accessible
parking spaces, every van accessible parking space is required to be
for Wheelchair users only. This would allow non-wheelchair handicap
users plenty of other handicap spaces to use, while preserving Van
accessible parking spaces for wheelchair bound users who desperately
need these spaces to park.

LEGISLATIVE HISTORY: New Bill

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
________________________________________________________________________

                                  7611

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 van accessi-
  ble handicapped parking

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

  Section  1. Subdivision 1 of section 1203-c of the vehicle and traffic
law, as added by chapter 203 of the laws of 1981, is amended to read  as
follows:
  1.  (A)  Any  person,  firm or corporation owning a shopping center or
facility with at least five separate retail stores and at  least  twenty
off  street  parking  spaces  which are provided for use by the shopping
public must designate as only for the handicapped and clearly  mark  for
use  by the handicapped a minimum of five percent of such parking spaces
or ten such spaces whichever is less. These spaces must  be  located  as
close  as  reasonably  practicable  to  the shopping center facility and
reasonably distributed so as to provide convenient  access  for  use  by
handicapped  drivers. Such parking spaces are to be used either by hand-
icapped drivers  displaying  a  special  municipal  parking  permit  (as
defined  in section twelve hundred three-a of this [chapter] ARTICLE and
distributed by the commissioner [of motor vehicles] to  local  governing
bodies  to be issued to handicapped persons who reside in such locality)
or by motor vehicles registered in accordance with section four  hundred
four-a  of this chapter and being used for the transportation of a hand-
icapped person.
  (B) ONE IN EVERY EIGHT HANDICAP ACCESSIBLE SPACES SHALL BE VAN  ACCES-
SIBLE.  WHERE FIVE OR MORE PARKING SPACES ARE DESIGNATED HANDICAP ACCES-
SIBLE, ANY SPACE THAT IS DESIGNATED AS VAN ACCESSIBLE SHALL BE  RESERVED
FOR  WHEELCHAIR  USERS ONLY. A VAN ACCESSIBLE PARKING SPACE RESERVED FOR
WHEELCHAIR USERS SHALL BE AT LEAST NINE FEET  WIDE  AND  SHALL  HAVE  AN
ADJACENT ACCESS AISLE THAT IS AT LEAST EIGHT FEET WIDE.
  (C) VAN ACCESSIBLE PARKING SPACES SHALL BE AT LEAST NINE FEET WIDE AND
SHALL HAVE AN ADJACENT ACCESS AISLE THAT IS AT LEAST SIX FEET WIDE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15015-01-4

S. 7611                             2

  (D)  AN  ACCESS  AISLE, AS DESCRIBED IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION, SHALL BE LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACE
EXCEPT THAT TWO ADJACENT ACCESSIBLE PARKING SPACES MAY  SHARE  A  COMMON
ACCESS AISLE.
  (E)  A  VAN  ACCESSIBLE  PARKING  SPACE  SHALL HAVE AN ADDITIONAL SIGN
MARKED "VAN ACCESSIBLE" MOUNTED BELOW THE SIGN. A VAN ACCESSIBLE PARKING
SPACE RESERVED FOR WHEELCHAIR USERS SHALL HAVE A SIGN THAT INCLUDES  THE
WORDS "WHEELCHAIR USER ONLY."
  (F)  ACCESSIBLE  PARKING SPACES, DECALS AND SIGNS SHALL BE DESIGNED IN
COMPLIANCE WITH THE STANDARDS SET FORTH BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.

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