S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5216
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. TITUS, PAULIN, CAHILL -- read once and referred
   to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  access  to
   certain  for-hire  vehicles and shuttle services by persons with disa-
   bilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1220-d to read as follows:
   § 1220-D. ACCESSIBILITY IN FOR-HIRE VEHICLES. 1. FOR THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL  MEAN  A  MOTOR VEHICLE,
 DESIGNED TO CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING  THE  DRIVER),
 THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION
 ON  A  PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE
 OR PERMIT ISSUED BY A LICENSING  JURISDICTION.  THE  TERM  "PRE-ARRANGED
 FOR-HIRE  VEHICLE"  SHALL  APPLY  TO VEHICLES AS DEFINED IN THIS SECTION
 REGARDLESS OF ANY OTHER PROVISION OF  LOCAL  LAW  OR  RULE  DEFINING  OR
 DESCRIBING  SUCH  VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, BLACK CAR,
 OR LUXURY LIMOUSINE.
   (B) "PRE-ARRANGED FOR-HIRE VEHICLE OPERATOR" SHALL MEAN THE REGISTERED
 OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE,  OR  A  DULY  LICENSED  DRIVER
 DESIGNATED  BY  SUCH  REGISTERED OWNER TO OPERATE THE REGISTERED OWNER'S
 PRE-ARRANGED FOR-HIRE  VEHICLE  AS  THE  REGISTERED  OWNER'S  AUTHORIZED
 DESIGNEE.
   (C)  "SHUTTLE  SERVICE"  SHALL  MEAN ANY PRE-ARRANGED FOR-HIRE VEHICLE
 TRANSPORTATION OFFERED ON A FIXED ROUTE INCLUDING, BUT NOT  LIMITED  TO,
 GROUND TRANSPORTATION OFFERED BY HOTELS TO AND FROM AIRPORTS AND TOURISM
 DESTINATIONS.
   (D)  "WHEELCHAIR  ACCESSIBLE  VEHICLE" SHALL MEAN A VEHICLE CAPABLE OF
 TRANSPORTING INDIVIDUALS WHO USE WHEELCHAIRS OR OTHER MOBILITY AIDS  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07714-01-9

 A. 5216                             2
 
 WHO  ARE UNABLE TO TRANSFER FROM A WHEELCHAIR OR OTHER MOBILITY AID TO A
 VEHICLE PASSENGER SEAT. NOTHING  IN  THIS  CHAPTER  SHALL  DIMINISH  THE
 REQUIREMENTS  OF FOR-HIRE VEHICLES TO COMPLY WITH THE NON-DISCRIMINATION
 REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990
 (42 U.S.C. 12181 ET SEQ.).
   (E) "EQUIVALENT SERVICE" SHALL MEAN THE PROVISION OF SERVICES TO INDI-
 VIDUALS  WITH  DISABILITIES,  INCLUDING INDIVIDUALS WHO USE WHEELCHAIRS,
 THAT WHEN TAKEN IN TOTALITY IS EQUIVALENT TO  THE  SERVICE  PROVIDED  TO
 PERSONS  WITHOUT  DISABILITIES WHEN MEASURED BY THE FOLLOWING CHARACTER-
 ISTICS:
   (I) ABILITY TO ACCEPT RESERVATIONS;
   (II) FARES CHARGED;
   (III) RESPONSE TIME TO REQUESTS FOR SERVICE;
   (IV) HOURS AND DAYS OF SERVICE AVAILABILITY;
   (V) RESTRICTIONS BASED UPON TRIP PURPOSE; AND
   (VI) OTHER LIMITATIONS ON CAPACITY OR SERVICE AVAILABILITY.
   2. (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER  OR  SHUTTLE  SERVICE
 PROVIDER  WITH  NOT  MORE THAN TEN FOR-HIRE VEHICLES SHALL (I) ADVERTISE
 AND PROVIDE ACCESSIBLE ALTERNATIVE  TRANSPORTATION  UPON  REQUEST  OF  A
 PATRON;  AND  (II)  PURCHASE  AT LEAST ONE WHEELCHAIR ACCESSIBLE VEHICLE
 UPON ITS NEXT PURCHASE OF A NEW OR USED VEHICLE.
   (B) EVERY PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR  SHUTTLE  SERVICE
 PROVIDER  WITH  NOT  LESS  THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE
 VEHICLES SHALL (I) ADVERTISE AND PROVIDE ACCESSIBLE  ALTERNATIVE  TRANS-
 PORTATION  UPON REQUEST OF A PATRON; AND (II) PURCHASE WHEELCHAIR ACCES-
 SIBLE VEHICLES UPON NEED TO REPLACE EXISTING VEHICLES, OR  WITHIN  THREE
 YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, UNTIL NOT LESS THAN TEN
 PERCENT OF THE FLEET IS WHEELCHAIR ACCESSIBLE.
   (C)  EVERY  PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR SHUTTLE SERVICE
 PROVIDER WITH NOT LESS THAN ONE HUNDRED ONE FOR-HIRE VEHICLES SHALL  (I)
 ADVERTISE AND PROVIDE ACCESSIBLE ALTERNATIVE TRANSPORTATION UPON REQUEST
 OF  A PATRON; AND (II) PURCHASE WHEELCHAIR ACCESSIBLE VEHICLES UPON NEED
 TO REPLACE EXISTING VEHICLES, OR WITHIN FIVE YEARS OF THE EFFECTIVE DATE
 OF THIS SUBDIVISION, UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET  IS
 WHEELCHAIR ACCESSIBLE.
   3.  FAILURE  TO  COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS
 SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE  OF  NOT  LESS
 THAN  FIFTY  DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY
 FROM THE DATE A VIOLATION OCCURRED UNTIL  THE  DATE  SUCH  VIOLATION  IS
 CURED.  A  VIOLATION  MAY  ALSO  BE  GROUNDS FOR REVOCATION OR DENIAL OF
 LICENSING OR  REGISTRATION,  OR  RENEWAL  THEREOF,  UNDER  SECTION  FOUR
 HUNDRED  ONE  OF  THIS  CHAPTER. THE LOCAL AND STATE AUTHORITIES CHARGED
 WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE
 VEHICLES AND SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO  ISSUANCE  OF
 SUCH PERMIT, LICENSE AND REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   §  2.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law.