BILL NUMBER: S5404

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, the
administrative code of the city of New York and the state finance law,
in relation to transportation accommodation for passengers with disabil-
ities

 
PURPOSE OR GENERAL IDEA:

This legislation requires a transportation network company (TNC), some-
times known as a mobility service provider (MSP), to implement and main-
tain a policy and oversight process of providing accessibility to
passengers or potential passengers with a disability, including any
accommodations required by the Americans with Disabilities Act of 1990.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph (d) of subdivision 3 of section 1696 of the vehicle
and traffic law, as added by section 2 of part AAA of chapter 59 of the
laws of 2017, (d) A transportation network company (TNC) shall implement
              

and maintain a policy and oversight process of providing accessibility
to passengers or potential passengers with a disability, including any
accommodation requires by the Americans with Disabilities Act of 1990.

As amended and accommodation of service animals as such term is defined
in section one hundred twenty three-b of the agriculture and markets law
and shall to the extent practicable adopt finding established by the New
York State TNC accessibility task force adopted pursuant to section
twenty-one of part AAA of chapter fifty-nine of the laws of two thousand
seventeen.

A TNC shall implement and maintain a documented policy and oversight
process for providing such accessibility. A TNC shall not impose addi-
tional charges for providing services to persons with physical disabili-
ties because of those disabilities and shall make available on the
mobile application of such TNC the ability to indicate accommodation as
required by the Americans with Disabilities Act of 1990 including accom-
modation of service animals.

Section 2. Administrative code of the city of New York is amended by
adding new section 19-503.2 passengers with disabilities. The commission
shall promulgate rules and regulations which ensure for-hire vehicles
services provide any accommodations required by the Americans with Disa-
bilities Act of 1990. The commission shall promulgate rules and regu-
lation which ensures every for-hire vehicle service shall make available
on the mobile application of such service the ability to indicate accom-
modations as required by the Americans with Disabilities Act of 1990
including accommodation of service animals.

Section 3. Section 1693 of the vehicle and traffic law is amended by
adding a new subdivision 14- A TNC shall collect twenty cents per trip
provided by such TNC and deposit the same in the On-demand Vehicle
Accessibility Fund established pursuant to section ninety-b of the state
finance law.

Section 4. On-demand Vehicle Accessibility Fund is hereby established in
the joint custody of the state comptroller and the department of trans-

portation an account of the miscellaneous special fund to be known at
the On-demand Vehicle Accessibility fund.

The comptroller is authorized and directed to receive for deposit to the
credit of the on-demand vehicle accessibility fund designated for such
deposit by law including those derived from the surcharge authorized by
subdivision fourteen of section sixteen hundred ninety-three of the
vehicle and traffic law.

Moneys of this account, following appropriation by the legislature,
shall be available to support the state department of transportation for
expensed of providing incentives and investments to ensure accessible
on-demand vehicle service for those with disabilities, including those
with service animals.

Section 5. This act shall take effect on the thirtieth day it shall have
become law.

 
JUSTIFICATION:

While TNCs have made important improvements and provided access to many
in the disabled community, especially for Deaf and Blind individuals,
what is currently lacking is the availability for wheelchair users,
especially wheelchair users whose wheelchairs cannot break down and fold
into a trunk. This is a tough problem to solve, as TNC services are
provided by individuals using their personal vehicle and very few indi-
viduals own wheelchair accessible vehicles.

We also have seen elements of discrimination towards persons with disa-
bilities who rely on service animals having considerable trouble obtain-
ing a ride-share vehicle. This legislation emphasizes that TNC's include
in their hale app and any other means of haling a vehicle a policy that
will eliminate this discrimination towards service animals.

Although it is estimated that the ride share industry is a $62 billion
dollar business, and should be required to study and implement universal
accessibility for persons with disabilities and follow the guidance of
the Americans with Disabilities Act of 1990 including accommodation for
animals.

This legislation is set to establish the On-demand Vehicle Accessibility
Fund that implements a .20 cent surcharge on ride-share service to
assist and support the state department of transportation for expenses
of providing incentives and investments to ensure accessible on-demand
vehicle service for those with disabilities, including service animals.

 
LEGISLATIVE HISTORY:

2018: Referred to Transportation

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day it shall have become
law.