S T A T E O F N E W Y O R K
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10520
I N A S S E M B L Y
May 31, 2016
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Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Transportation
AN ACT to amend the insurance law and the transportation law, in
relation to wheelchair and scooter accessibility for passengers using
transportation network companies, ridesharing, taxi and livery
services, in compliance with the Americans with Disabilities Act and
applicable New York state human and civil rights laws
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3441
to read as follows:
S 3441. TRANSPORTATION NETWORK COMPANIES. (A) NOTWITHSTANDING ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
(B) FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFINITIONS SHALL
APPLY:
(1) "ACCESSIBLE TO PERSONS WITH DISABILITIES" SHALL MEAN ANY VEHICLE
THAT IS EQUIPPED WITH A LIFT, RAMP, OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO THAT SUCH VEHICLE IS CAPABLE OF ALLOWING ENTRY AND EXIT
FROM THE SIDE OR REAR OF SUCH VEHICLE AND TRANSPORTING PERSONS WITH
PHYSICAL DISABILITIES, INCLUDING THOSE WHO USE WHEELCHAIRS, SCOOTERS AND
SIMILAR DEVICES WHILE SUCH PERSONS REMAIN SEATED IN THEIR WHEELCHAIRS,
SCOOTERS OR SIMILAR DEVICES IN ACCORDANCE WITH THE AMERICANS WITH DISA-
BILITIES ACT AND APPLICABLE NEW YORK STATE HUMAN AND CIVIL RIGHTS LAWS;
(2) "TRANSPORTATION NETWORK COMPANY" SHALL MEAN A CORPORATION, PART-
NERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS OPERATING IN THIS
STATE THAT USES A DIGITAL NETWORK TO CONNECT TRANSPORTATION NETWORK
COMPANY RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE
PREARRANGED RIDES. A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED
TO CONTROL, DIRECT OR MANAGE THE PERSONAL VEHICLES OR TRANSPORTATION
NETWORK COMPANY DRIVERS THAT CONNECT TO ITS DIGITAL NETWORK, EXCEPT
WHERE AGREED TO BY WRITTEN CONTRACT.
(C) UPON ENACTMENT OF ANY INSURANCE REQUIREMENTS THAT ALLOW FOR THE
SALE OF POLICIES TO ENSURE PASSENGER VEHICLES FOR "RIDE-SHARE" PROGRAMS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15599-02-6
A. 10520 2
NO SUCH VEHICLE CAN BE DEPLOYED BY ANY SMART PHONE BASED APPLICATION OR
OTHER COMPUTER OR ELECTRONIC DEVICE-GENERATED DISPATCH UNLESS NO FEWER
THAN FIVE PERCENT OF THE RIDES PROVIDED BY FOR-HIRE VEHICLES OPERATED BY
DRIVERS WHO ARE AFFILIATED WITH THE RIDE-SHARE PROGRAM IN A SPECIFIC
MUNICIPAL CATCHMENT AREA SERVED BY THE SMART PHONE BASE ARE IN VEHICLES
ACCESSIBLE TO PERSONS WITH DISABILITIES, WITH A MINIMUM OF AT LEAST ONE
WHEELCHAIR-ACCESSIBLE VEHICLE, IN THE LAST MONTH OF THE FIRST TWELVE
MONTH PERIOD FOLLOWING ENACTMENT OF THIS LEGISLATION, WHETHER OR NOT THE
PASSENGER REQUIRES A WHEELCHAIR-ACCESSIBLE VEHICLE; NO FEWER THAN
FIFTEEN PERCENT IN VEHICLES ACCESSIBLE TO PERSONS WITH DISABILITIES IN
THE LAST MONTH OF THE SECOND TWELVE MONTH PERIOD; AND TWENTY-FIVE
PERCENT OF THE FOURTH TWELVE MONTH PERIOD.
(D) THERE SHALL BE PARITY IN RESPONSE TIMES BETWEEN VEHICLES THAT ARE
NOT AND THOSE THAT ARE ACCESSIBLE TO PERSONS WITH DISABILITIES.
(E) A TRANSPORTATION NETWORK COMPANY SHALL NOT IMPOSE ANY ADDITIONAL
CHARGE FOR THE TRANSPORTATION OF A PERSON WITH A DISABILITY, FOR MOBILI-
TY EQUIPMENT REQUIRED BY A PERSON WITH A DISABILITY, FOR AN AIDE
REQUIRED BY A PERSON WITH A DISABILITY OR FOR A SERVICE ANIMAL REQUIRED
BY A PERSON WITH A DISABILITY.
(F) NO TRANSPORTATION NETWORK COMPANY AND NO DRIVER AFFILIATED WITH
SUCH TRANSPORTATION NETWORK COMPANY WHO IS OPERATING A VEHICLE ACCESSI-
BLE TO PERSONS WITH DISABILITIES SHALL REFUSE TRANSPORTATION TO A PERSON
WITH A DISABILITY OR TO A SERVICE ANIMAL REQUIRED BY A PASSENGER WITH A
DISABILITY.
(G) A TRANSPORTATION NETWORK COMPANY, DRIVERS AFFILIATED WITH A TRANS-
PORTATION NETWORK COMPANY OR ANY OTHER THIRD PARTY WHO IS OPERATING
RIDE-SHARE SERVICE ON BEHALF OF THE TRANSPORTATION NETWORK COMPANY OR
DRIVER SHALL NOT BE PERMITTED TO CONTRACT WITH, USE, OTHERWISE ASSIGN OR
IN ANY WAY FORMALLY OR INFORMALLY ARRANGE FOR THE TRANSPORTATION OF
WHEELCHAIR OR SCOOTER USERS BY ANY OUTSIDE SERVICE PROVIDER, WHETHER
PRIVATE OR PUBLIC, AND MUST PROVIDE SERVICE EXCLUSIVELY WITHIN THEIR OWN
NETWORK.
(H) TRANSPORTATION NETWORK COMPANIES MUST SUPPLY PERFORMANCE INFORMA-
TION TO THE DEPARTMENT OF TRANSPORTATION FOR ANY AND ALL CALENDAR
MONTHS, WITHIN THIRTY DAYS OF COMMENCING OPERATION IN THE STATE. SUCH
INFORMATION MUST BE POSTED PUBLICLY ONLINE BY THE DEPARTMENT OF TRANS-
PORTATION AND SHALL INCLUDE, BUT IS NOT LIMITED TO: (1) THE NUMBER AND
PERCENTAGE OF ACCESSIBLE AND NON-ACCESSIBLE VEHICLES THE TRANSPORTATION
NETWORK COMPANY HAS AFFILIATED WITH IN ALL AREAS OF THE STATE AND BY
GEOGRAPHIC CATCHMENT AREA; (2) THE NUMBER OF DRIVERS THE TRANSPORTATION
NETWORK COMPANY HAS AFFILIATED WITH AND THE NUMBER AND PERCENTAGE OF
DRIVERS WHO HAVE RECEIVED ACCESSIBILITY TRANSPORTATION TRAINING IN ALL
AREAS OF THE STATE AND BY GEOGRAPHIC CATCHMENT AREA; (3) THE NUMBER AND
PERCENTAGE OF RIDES IN ACCESSIBLE VEHICLES AND THE NUMBER AND PERCENTAGE
OF RIDES IN NON-ACCESSIBLE VEHICLES THE TRANSPORTATION NETWORK COMPANY
HAS PROVIDED IN ALL AREAS OF THE STATE AND BY GEOGRAPHIC CATCHMENT AREA;
AND (4) THE AVERAGE RESPONSE TIME FOR ACCESSIBLE AND NON-ACCESSIBLE
VEHICLES IN ALL AREAS OF THE STATE AND BY GEOGRAPHIC CATCHMENT AREA. THE
DEPARTMENT ALSO SHALL RELEASE AN ANNUAL REPORT SUMMARIZING THIS INFORMA-
TION BY COMPANY AND GEOGRAPHIC AREA, ANY ADDITIONAL COMMENTS OR
COMPLAINTS IT HAS RECEIVED ABOUT SERVICE, INCLUDING SERVICE REFUSALS,
AND MAY INCLUDE RECOMMENDATIONS FOR PERFORMANCE IMPROVEMENT OR ADDI-
TIONAL PERFORMANCE MEASUREMENTS IF NECESSARY AND IN CONSULTATION WITH
THE TASK FORCE FOR TAXI AND TRANSPORTATION NETWORK ACCESSIBILITY.
(I) ANY AND ALL TRANSPORTATION NETWORK COMPANIES WISHING TO OPERATE IN
THE STATE MUST FORMALLY DEMONSTRATE TO THE DEPARTMENT OF TRANSPORTATION
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THAT IT HAS MET THE ACCESSIBILITY REQUIREMENTS DEFINED IN SUBDIVISION
(C) OF THIS SECTION IN ORDER TO OPERATE. FAILURE TO COMPLY WITH SUBDIVI-
SION (C) OF THIS SECTION WILL RESULT IN A FINE OF AT LEAST FIFTY DOLLARS
AND NO MORE THAN ONE HUNDRED FIFTY PER DAY FROM THE DATE OF VIOLATION
UNTIL COMPLIANCE IS MET. A VIOLATION CAN ALSO RESULT IN REVOCATION OR
DENIAL OF LICENSING OR REGISTRATION. THE DEPARTMENT OF TRANSPORTATION
SHALL HAVE THE POWER TO DENY OR SUSPEND PERMISSION TO OPERATE AT ANY
TIME IF IT DEEMS A TRANSPORTATION NETWORK COMPANY HAS NOT MET THE ACCES-
SIBILITY REQUIREMENTS OF THIS LAW; OR, THE MUNICIPAL OFFICERS AND BOARDS
IN THE CITIES, TOWNS AND VILLAGES OF THIS STATE NOW HAVING THE AUTHORITY
TO ENACT ORDINANCES, SHALL ADOPT ORDINANCES REGULATING THE REGISTRATION,
LICENSING, AND FEES FOR LACK OF COMPLIANCE WITH THIS SUBDIVISION OF
RIDESHARING, TAXICABS AND LIMOUSINES, AND MAY LIMIT THE NUMBER OF RIDES-
HARING, TAXICABS AND LIMOUSINES TO BE LICENSED.
(J) THE DEPARTMENT OF TRANSPORTATION SHALL CREATE A MECHANISM TO
COLLECT COMPLAINTS ABOUT SERVICE QUALITY, REFUSALS OR OTHER MATTERS
RELATED TO ACCESSIBLE TRANSPORTATION FROM CUSTOMERS AND POTENTIAL
CUSTOMERS OF TRANSPORTATION NETWORK COMPANIES, TAXIS AND LIVERY SERVICE
AND SHALL RELEASE THIS INFORMATION PUBLICLY ON OR BEFORE DECEMBER THIR-
TY-FIRST OF EACH CALENDAR YEAR, BEGINNING IN THE CALENDAR YEAR THIS
SECTION TAKES EFFECT.
(K) TRANSPORTATION NETWORK COMPANIES SHALL DEVELOP A DRIVER ACCESSI-
BILITY-TRAINING PLAN TO ENSURE THAT ALL OF ITS AFFILIATED DRIVERS OF
ACCESSIBLE VEHICLES ARE FAMILIAR WITH ACCESSIBLE TAXIS, HOW TO SECURE
PASSENGERS IN WHEELCHAIRS AND SCOOTERS AND HOW TO TREAT PERSONS USING
WHEELCHAIRS AND SCOOTERS APPROPRIATELY. THIS MAY BE DEVELOPED IN COOPER-
ATION WITH INDEPENDENT LIVING CENTERS OR OTHER DISABILITY ADVOCACY
ORGANIZATIONS IN THE STATE. TRANSPORTATION NETWORK COMPANIES MUST SUBMIT
A DESCRIPTION OF THE PLAN AND ANY ACCOMPANYING MATERIALS TO THE DEPART-
MENT OF TRANSPORTATION AND THESE MATERIALS MUST BE POSTED ONLINE PUBLIC-
LY.
S 2. Section 14 of the transportation law is amended by adding two new
subdivisions 36 and 37 to read as follows:
36. TO ESTABLISH A TASK FORCE, IN CONJUNCTION WITH THE DEPARTMENT OF
HEALTH FOR TAXI AND TRANSPORTATION NETWORK ACCESSIBILITY AND TO PROVIDE
STAFF MEMBERS TO ASSIST IN RESEARCH AND THE DEVELOPMENT OF PROPOSALS.
MEMBERS OF SUCH TASK FORCE SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRE-
SENTATIVES FROM STATEWIDE AND LOCAL DISABILITY ADVOCACY GROUPS, INDE-
PENDENT LIVING CENTERS, PERSONS FROM THOSE ORGANIZATIONS OR OTHERS WHO
USE WHEELCHAIRS AND SCOOTERS, TAXI OWNERS, TRANSPORTATION NETWORK COMPA-
NIES, DRIVER REPRESENTATIVES, AFFECTED MUNICIPAL OFFICIALS AND STATE
OFFICIALS. THE TASK FORCE SHALL:
(A) DEVELOP A TRANSITION PLAN FOR RIDESHARING, TAXI AND LIVERY ACCES-
SIBILITY FOR STATE RESIDENTS AT A LEVEL COMPARABLE TO OR EXCEEDING TWEN-
TY-FIVE PERCENT ACCESSIBILITY AND PROVIDED BY ALL NON-TRANSPORTATION
NETWORK COMPANIES WHO PROVIDE RIDESHARING, TAXI AND LIVERY SERVICE IN
ALL AREAS OF THE STATE OUTSIDE OF THE CITY OF NEW YORK. THIS PLAN MAY
INCLUDE AN EXAMINATION OF THE OPERATIONAL AND FINANCIAL CHANGES MUNICI-
PALITIES, THE STATE OR RIDESHARING, TAXI AND LIVERY PROVIDERS THEMSELVES
MAY NEED TO OFFER INCREASED ACCESSIBLE SERVICE AND ALSO MAY INCLUDE A
SCHEDULE FOR THE TRANSITION, WHICH MAY INCLUDE ADDITIONAL PLANS TO
INCREASE SERVICE TO FULL, ONE HUNDRED PERCENT ACCESSIBILITY. THIS PLAN
SHALL BE DELIVERED TO THE DEPARTMENT OF TRANSPORTATION, THE SPEAKER OF
THE STATE ASSEMBLY, THE ASSEMBLY MINORITY CONFERENCE LEADER, AND THE
MAJORITY AND MINORITY LEADERS OF THE STATE SENATE BY NO LATER THAN MAY
FIRST, TWO THOUSAND SEVENTEEN.
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(B) REVIEW THE EXTENT OF ACCESSIBILITY AND QUALITY OF SERVICE PROVIDED
FOR PERSONS WHO REQUIRE ACCESSIBLE SERVICE BY TRANSPORTATION NETWORK
COMPANIES AND, IF APPROPRIATE, MAKE RECOMMENDATIONS FOR RULE-MAKING BY
THE DEPARTMENT OF TRANSPORTATION OR LEGISLATION TO INCREASE OR IMPROVE
SERVICE.
37. TO CREATE AND MAINTAIN A SYSTEM THAT IS ACCESSIBLE FOR PERSONS
WITH DISABILITIES TO SUBMIT COMPLAINTS, COMMENTS AND SUGGESTIONS ABOUT
THE LEVEL AND QUALITY OF SERVICE OFFERED BY TRANSPORTATION NETWORK
COMPANIES, INCLUDING SERVICE REFUSALS, AND SHALL CREATE SERVICE STAND-
ARDS WITH INPUT FROM A TASK FORCE FOR TAXI AND TRANSPORTATION NETWORK
ACCESSIBILITY INCLUDING REGULATIONS FOR SUSPENDING THE OPERATION OF
TRANSPORTATION NETWORK COMPANIES AND DRIVERS AFFILIATED WITH TRANSPORTA-
TION NETWORK COMPANIES.
S 3. This act shall be applicable to all counties in the state of New
York, excepting Bronx, Kings, New York, Queens and Richmond counties.
For the purposes of this section, a geographic catchment area refers to
any of the state of New York's fourteen municipal statistical areas,
excluding the city of New York, and its fourteen micropolitan statis-
tical areas, as defined by the United States census bureau.
S 4. Within two months of the enactment of this act, the department of
transportation, in conjunction with the department of health, shall
establish the task force for taxi and transportation network accessibil-
ity.
S 5. This act shall take effect immediately.