S T A T E O F N E W Y O R K
________________________________________________________________________
3183
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. ASHBY,
BARRON, COOK, CRUZ, DeSTEFANO, DICKENS, ENGLEBRIGHT, FRONTUS, GOTT-
FRIED, HYNDMAN, M. MILLER, NIOU, SANTABARBARA, SEAWRIGHT, SIMON,
STERN, WALSH -- read once and referred to the Committee on Transporta-
tion
AN ACT to amend the vehicle and traffic law, in relation to pre-arranged
for-hire vehicle transportation services and the maximization of
universal design and accessibility by persons with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Accessible Livery Act".
§ 2. The vehicle and traffic law is amended by adding a new section
1220-d to read as follows:
§ 1220-D. UNIVERSAL 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 PARAGRAPH
REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW OR RULE DEFINING OR
DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, TAXI, BLACK
CAR, OR LUXURY LIMOUSINE.
(B) "PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR" SHALL MEAN THE
REGISTERED OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE, OR A DULY LICENSED
DRIVER DESIGNATED BY SUCH REGISTERED OWNER OR OPERATOR TO OPERATE THE
REGISTERED OWNER'S OR OPERATOR'S PRE-ARRANGED FOR-HIRE VEHICLE AS THE
REGISTERED OWNER'S OR OPERATOR'S AUTHORIZED DESIGNEE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04140-01-1
A. 3183 2
(C) "UNIVERSAL DESIGN" OR "UNIVERSALLY DESIGNED" SHALL MEAN THE DESIGN
OF PRODUCTS AND ENVIRONMENTS TO BE USABLE BY ALL PEOPLE, TO THE GREATEST
EXTENT POSSIBLE, WITHOUT THE NEED FOR ADAPTATION OR SPECIALIZED DESIGN.
(D) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
(I) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
THEREUNDER;
(II) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
CHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS WHILE THEY REMAIN SEATED IN
THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
(III) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS WITH
HEARING IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED;
(IV) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN:(A) BRAILLE; AND
(B) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
VISION;
(V) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
AND
(VI) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
PRIATE DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL GASOLINE-POWERED
VEHICLE.
2. (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR WITH NOT
MORE THAN TEN FOR-HIRE VEHICLES SHALL:
(I) PURCHASE OR LEASE AT LEAST ONE UNIVERSALLY DESIGNED AND ACCESSIBLE
VEHICLE UPON ITS NEXT ACQUISITION OF A VEHICLE AFTER THE FIFTH YEAR FROM
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE
THAT ADDED THIS SECTION; AND
(II) ENSURE THAT WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE, THE AVAILABILITY OF UNIVERSALLY DESIGNED AND ACCESSIBLE VEHI-
CLES IS ALSO ADVERTISED.
(B) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR WITH NOT
LESS THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
(I) PURCHASE OR LEASE UNIVERSALLY DESIGNED AND ACCESSIBLE VEHICLES
WHEN ACQUIRING VEHICLES UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET
IS UNIVERSALLY DESIGNED AND ACCESSIBLE. IN NO EVENT SHALL SUCH FLEET
HAVE LESS THAN TWENTY PERCENT UNIVERSALLY DESIGNED AND ACCESSIBLE VEHI-
CLES FIVE YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND TWENTY-ONE THAT ADDED THIS SECTION; AND
(II) ENSURE THAT WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE THAT THE AVAILABILITY OF UNIVERSALLY DESIGNED AND ACCESSIBLE
VEHICLES IS ALSO ADVERTISED.
(C) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR PROVIDER
WITH NOT LESS THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
(I) PURCHASE OR LEASE UNIVERSALLY DESIGNED AND ACCESSIBLE VEHICLES
WHEN ACQUIRING VEHICLES UNTIL NOT LESS THAN TWENTY-FIVE PERCENT OF THE
FLEET IS UNIVERSALLY DESIGNED OR ACCESSIBLE. IN NO EVENT SHALL THEIR
FLEET HAVE LESS THAN TWENTY-FIVE PERCENT UNIVERSALLY DESIGNED AND ACCES-
SIBLE VEHICLES THREE YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-ONE THAT ADDED THIS SECTION;
(II) INCREASE THEIR PERCENTAGE OF UNIVERSALLY DESIGNED AND ACCESSIBLE
VEHICLES TO A MINIMUM OF FIFTY PERCENT OF THE FLEET WITHIN FIVE YEARS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE
THAT ADDED THIS SECTION; AND
A. 3183 3
(III) ENSURE THAT WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE THAT THE AVAILABILITY OF UNIVERSALLY DESIGNED AND ACCESSIBLE
VEHICLES IS ALSO ADVERTISED.
(D) ALL PRE-ARRANGED FOR-HIRE VEHICLE OWNERS AND OPERATORS SHALL MAIN-
TAIN THE PERCENTAGES OF UNIVERSALLY DESIGNED AND ACCESSIBLE VEHICLES IN
THEIR SERVICE WHICH, ACCORDING TO THEIR SIZE AT ANY GIVEN TIME, THEY
WOULD HAVE BEEN REQUIRED TO PURCHASE BY THE SPECIFIED DEADLINES UNDER
SUBPARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
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 OR REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect one year after it shall have become a
law.