BILL NUMBER: S7833A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to taxi and limousine services equipped with
wheelchair accessible vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

To create an efficient model for the provision of transportation
services to persons with disabilities that utilize a wheelchair for
personal mobility.

 
SUMMARY OF PROVISIONS:

Section one of this bill states Legislative intent and finds that the
public health, safety and welfare of the wheelchair users of the state
of New York traveling to, from and within the city of New York is a
matter of substantial state concern, including access to safe and reli-
able mass transportation such as for-hire vehicles.

              

Section two of this bill adds a new § 19-548 to the administrative code
of the city of New York that authorizes the New York City Taxi and
Limousine Commission (TLC) to promulgate such rules and regulations as
it shall deem necessary to implement the provisions of this title;
requires that the TLC shall contract with one entity to provide a
centralized for-hire wheelchair accessible transportation and dispatch
service; exempts New York city for-hire bases from TLC regulations
related to accessible vehicles for disabled passengers; and requires the
TLC to issue an annual report regarding the efficacy of the central
dispatch service.

Section three of this bill provides the effective date.

 
JUSTIFICATION:

Under New York City Rules and Regulations, For-Hire Bases are required
to provide "equivalent service" to wheelchair users and non-wheelchair
users alike. While these For-Hire Bases currently service thousands of
disabled non-wheelchair users on a daily basis, For-Hire Bases have
never been able, nor will they ever be able, to provide wheelchair users
with the service required by the New York City Taxi and Limousine
Commission (TLC). The inability of the For-Hire Industry to comply with
the TLC's rule has been conceded to by previous TLC commissioners.

However, rather than seeking a model that works, the New York City Taxi
and Limousine Commission is treating the rule mainly as a revenue raiser
by levying heavy fines against For-Hire Bases. These fines are imposed
despite the realization that the bases have neither any feasible busi-
ness model capable of providing wheelchair accessible vehicles, nor the
legal authority of, as a condition of service, requiring affiliated
drivers to purchase a wheelchair accessible vehicle since (affiliated
drivers or the vehicle owners purchase the vehicles, not the for hire
bases).

From a regulatory perspective, the TLC clearly distinguishes between a
For-Hire Vehicle driver and the For-Hire Base. As provided by TLC Rule
59(A)-03e, a For-Hire Base is defined as the commission-licensed busi-
ness for dispatching for hire vehicles and the physical location from
which For-Hire Vehicle are dispatched". The TLC rules do not define the
Bases as the owner of For-Hire vehicles and as stated by the many TLC
commissioners, affiliated for-hire drivers/owners are independent opera-
tors that choose the vehicle they wish to purchase and time that they
wish to work. All of the TLC rules regarding for-hire vehicles including
type, insurance, and inspection, among others only pertain to the for-
hire vehicle owner, not the For-Hire Base. The concept of placing such
responsibility on For-Hire Bases is inconsistent with the reality of the
industry, as Bases do not own cars, garages or employ drivers. To create
a system that may provide "equivalent service" would require an entity
to own vehicles and employ drivers, something 99% of the For-Hire Bases
do not do.

From a public policy standpoint, repeated waves of heavy fines levied
against For-Hire Bases may have helped the City's coffers, but it has
failed to benefit the disabled community, which is not being properly
serviced. Therefore, it is important that the City and State establish a
new program that efficiently and equitably provide wheelchair users with
transportation services. This bill by creates a central dispatch,
contracted out by the city, which will dispatch wheelchair accessible
vehicles throughout the City of New York. The dispatch system will
ensure that wheelchair users actually receive their transportation
services in a timely manner. The bill also provides that useable metrics
on these services will be annually reported.

Lastly, the legislation precludes the New York City Taxi and Limousine
Commission from continuing, its practice of capriciously fining For-Hire
Bases. This policy is consistent with the practice of all other US muni-
cipalities in regards to For-Hire Vehicles as well as follows the
nationwide solution used with wheelchair accessible rental car, whereby
all rental cars companies refer a wheelchair user to a special wheel-
chair accessible rental company.

 
PRIOR LEGISLATIVE HISTORY:

2015-16 A.9730 Pichardo - Died in Assembly Transportation S.7488 Lanza -
Died in Senate Transportation.
2017-18 A. 6201 Pichardo - referred to Transportation S. 7833 Golden -
referred to Transportation

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that, effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made and completed on or before such date.