Senate Bill S5591A

                                BILL NUMBER:S5591A

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
safe passenger access to all for-hire vehicles

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require all taxicabs and other for-hire vehicles that
are required to be handicap accessible or advertises as accessible to
individuals with disabilities and individuals who use wheelchairs to
provide side-entry capabilities for those passengers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the vehicle and traffic law to require all taxicabs
and livery vehicles in the state that are required by local, state, or
federal law or regulation to be handicap accessible, or in any way
advertise its services as accessible to individuals with disabilities
and individuals who use wheelchairs, to be built as wheelchair
accessible by the vehicle's original equipment manufacturer (OEM) and
provide side-entry for all passengers.

Paragraph (b) allows converted vehicles to be used as a taxicab or
livery vehicle with the approval of the Department of Transportation.
              

The paragraph also requires the submission of crash test and safety
data for converted vehicles before the Department can certify a
vehicle for use.

Section 2 establishes the effective date and provides that taxicab and
livery vehicles already registered with a state or local authority are
not affected.

JUSTIFICATION:

Wheelchair accessibility in for-hire vehicles is a major issue across
the state, and for-hire operators are purchasing and utilizing more
"accessible" vehicles to comply with the Americans with Disabilities
Act. However, many of these "accessible" vehicles are non-accessible
vehicles converted to include a rear-loading ramp for passengers who
use wheelchairs. These rear-entry vehicles present a number of
problems for individuals with disabilities.

Rear-entry vehicles require the passenger to get out into the middle
of the street to board the vehicle. This puts the passenger in harm's
way by exposing them to traffic on the street. Requiring loading in
the street can also be difficult for passengers in a wheelchair who
may have to navigate high curbs.

Rear-entry vehicles pose a safety issue once the passenger is in the
car as well. The ramp is usually installed after-market, which means
the safety precautions built into the car at manufacture are
compromised. A rear-end collision could be catastrophic in one of
these vehicles. The ramp used to load the passenger is also often
folded in such a way as to place the hard, metal ramp directly behind


the passenger's head, which could be extremely dangerous in the event
of a crash.

Finally, rear-entry vehicles can be demoralizing for individuals with
disabilities, who must enter through a separate door from their peers,
and often must sit physically separated from everyone else in the
trunk of the vehicle. This physical separation stigmatizes disability
and actively works against the principles of the federal Americans
with Disabilities Act.

This bill would require all for-hire vehicles and taxicabs to provide
side-entry access for individuals with disabilities and passengers who
use wheelchairs. Side-entry allows passengers to safely board the
vehicle the same way as everyone else and allows all passengers to sit
together safely.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.