BILL NUMBER: S1531

SPONSOR: KENNEDY
 
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 accessi-
ble 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 vehi-
cle the same way as everyone else and allows all passengers to sit
together safely.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.674 Referred to Transportation

2015-16: S.5591A Referred to Transportation.

 
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.