S T A T E O F N E W Y O R K
________________________________________________________________________
6651
2021-2022 Regular Sessions
I N A S S E M B L Y
March 23, 2021
___________
Introduced by M. of A. BARCLAY, SMULLEN, J. M. GIGLIO, MONTESANO,
NORRIS, SAYEGH, REILLY, HAWLEY, DeSTEFANO, SCHMITT, BYRNE, WALCZYK,
GALEF, BLANKENBUSH, SALKA, SIMON, COOK, RA, B. MILLER, ASHBY, MORINEL-
LO, BRABENEC, LEMONDES, SIMPSON, MANKTELOW, GALLAHAN, LAWLER, M. MILL-
ER -- Multi-Sponsored by -- M. of A. BROWN, BYRNES, TAGUE, WALSH --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to accessible
parking space requirements for persons with disabilities and enforce-
ment of illegal parking; and to amend the vehicle and traffic law and
the general business law, in relation to replacing the term "hand-
icapped" with the term "persons with disabilities"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1203-c of the vehicle and traffic law, as added by
chapter 203 of the laws of 1981, subdivision 2 as amended by chapter 350
of the laws of 1993, paragraph (a) of subdivision 2 as amended by chap-
ter 199 of the laws of 2005, paragraph (b) of subdivision 2 as amended
by chapter 274 of the laws of 2012, subdivision 4 as amended by chapter
613 of the laws of 2003, and subdivision 6 as added by chapter 508 of
the laws of 1992, is amended to read as follows:
§ 1203-c. Off street parking spaces for [the handicapped] PERSONS WITH
DISABILITIES. 1. Any person, firm or corporation owning a shopping
center, RETAIL ESTABLISHMENT or facility with at least [five separate
retail stores and at least] twenty off street parking spaces which are
provided for use by the shopping public must designate ACCESSIBLE PARK-
ING SPACES as only for [the handicapped] PERSONS WITH DISABILITIES and
clearly mark for use by [the handicapped] PERSONS WITH DISABILITIES a
minimum of five percent of such parking spaces or ten such spaces which-
ever is less. These spaces must be located as close as reasonably prac-
ticable to the shopping center, RETAIL ESTABLISHMENT OR facility and
reasonably distributed so as to provide convenient access for use by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05040-02-1
A. 6651 2
[handicapped] drivers WITH DISABILITIES. Such parking spaces are to be
used either by [handicapped] drivers WITH DISABILITIES displaying a
special municipal parking permit (as defined in section twelve hundred
three-a of this [chapter] ARTICLE and distributed by the commissioner of
motor vehicles to local governing bodies to be issued to [handicapped]
persons WITH DISABILITIES who reside in such locality) or by motor vehi-
cles registered in accordance with section four hundred four-a of this
chapter and being used for the transportation of a [handicapped] person
WITH A DISABILITY.
2. (a) The parking spaces designated pursuant to the provisions of
this section shall be clearly identified for use by [handicapped]
persons WITH DISABILITIES which designation shall include conspicuous
and permanently installed above grade signs which display the interna-
tional symbol of access and which shall be positioned from the parking
space surface at a height of not less than five feet nor more than seven
feet and may include the use of blue painted lines or markings. Such
parking spaces also may be marked as tow-away zones.
(b) Whenever a person, firm or corporation creates an off-street park-
ing lot or parking garage, or repaves or repaints more than one-half of
the total number of parking spaces in an off-street parking lot or park-
ing garage, which contains designated [handicapped] parking spaces FOR
PERSONS WITH DISABILITIES, or creates designated [handicapped] parking
spaces FOR PERSONS WITH DISABILITIES in an off-street parking lot or
parking garage, or repaves or repaints more than one-half of the total
number of designated [handicapped] parking spaces FOR PERSONS WITH DISA-
BILITIES in an off-street parking lot or parking garage, the size of
designated [handicapped] parking spaces FOR PERSONS WITH DISABILITIES
and designated [handicapped] parking space access aisles FOR PERSONS
WITH DISABILITIES each shall be at least eight feet wide. Such access
aisles also shall be (i) clearly designated with conspicuous and perma-
nently installed above grade signs which shall read "No Parking Anytime"
and which shall be positioned from the access aisle surface at a height
of not less than five feet nor more than seven feet, and (ii) marked
with diagonal stripes.
3. A violation of this section by any person, firm or corporation
owning a shopping center, RETAIL ESTABLISHMENT or facility with [at
least five separate retail stores and] at least twenty off street park-
ing spaces which are provided for use by the shopping public who fails
to provide spaces only for [the handicapped] PERSONS WITH DISABILITIES
and clearly marked for use by [the handicapped] PERSONS WITH DISABILI-
TIES in accordance with this section, shall be punishable by a fine up
to two hundred fifty dollars.
4. Except as otherwise provided by local law which imposes a larger
maximum fine, any person who stops, stands or parks in spaces clearly
marked for use by [the handicapped] PERSONS WITH DISABILITIES in accord-
ance with this section, without a special vehicle identification parking
permit, a special municipal parking permit or whose motor vehicle is not
registered in accordance with section four hundred four-a of this chap-
ter and being used for the transportation of [a handicapped person]
PERSONS WITH DISABILITIES; or with such permit or registration and such
person is not the one to whom the permit or registration was issued or
is not transporting the person issued the permit or registration; or any
person who parks in [a handicapped] AN ACCESSIBLE parking access aisle;
OR ANY PERSON WHO PARKS IN A MANNER THAT BLOCKS INGRESS OR EGRESS FROM A
VEHICLE UTILIZING A SPACE RESERVED FOR USE BY PERSONS WITH DISABILITIES
shall be subject to a fine of not less than fifty dollars nor more than
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seventy-five dollars for the first offense and seventy-five to one
hundred fifty dollars for the second offense occurring within a period
of two years within the same municipality. The arresting or ticketing
officer shall issue a summons to violators of this section. A ticketing
officer issuing a summons pursuant to this section may provide for the
removal and storage of a motor vehicle illegally parked in [a hand-
icapped] AN ACCESSIBLE parking space, or [a handicapped] AN ACCESSIBLE
parking access aisle.
5. As used in this section, the term ["handicapped"] "PERSONS WITH
DISABILITIES" shall also include a "severely disabled person" as defined
in section four hundred four-a of this chapter.
6. Notwithstanding any other state or local law to the contrary, a
state, county or municipal law enforcement officer seeking to enforce
subdivision four of this section, may enter onto the parking lot of any
shopping center, RETAIL ESTABLISHMENT or facility as described in subdi-
vision one of this section or any other parking lot as described in the
state fire prevention and building code, which is required to contain
accessible and designated parking spaces for people with disabilities,
regardless of the existence or absence of any state or local law or rule
otherwise permitting or restricting such access for such law enforcement
officer.
§ 2. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
237 of the vehicle and traffic law, as amended by chapter 458 of the
laws of 2010, is amended to read as follows:
(ii) [handicapped] PERSONS WITH DISABILITIES parking violations for
which monetary penalties shall not exceed one hundred fifty dollars; and
§ 3. Subparagraph 2 of paragraph (b) of subdivision 20 of section 375
of the vehicle and traffic law, as amended by chapter 190 of the laws of
2014, is amended to read as follows:
(2) The universal [handicapped] PERSONS WITH DISABILITIES symbol shall
be conspicuously displayed on the exterior of every omnibus equipped
with a wheelchair lift which transports children with disabilities. The
commissioner shall promulgate regulations regarding the size and
location of such universal [handicapped] PERSONS WITH DISABILITIES
symbol. The commissioner shall require that any new signage relating to
accessibility installed or replaced on or after the effective date of
the chapter of the laws of two thousand fourteen which amended this
subparagraph depict the logo promulgated by the secretary of state
pursuant to section one hundred one of the executive law.
§ 4. Subdivision 3 of section 404-a of the vehicle and traffic law, as
added by chapter 601 of the laws of 1987, is amended to read as follows:
3. Registration of vehicles owned by severely disabled veterans. The
commissioner shall assign to such motor vehicles, including any vans or
pick-up trucks used for transporting [handicapped] DISABLED veterans
which are not used for commercial purposes and which are owned by such
veterans or a not-for-profit corporation serving such veterans, a
distinctive number and issue and deliver in such manner as the commis-
sioner may prescribe to the owner a certification of registration, in
such form as the commissioner shall prescribe and two number plates,
called disabled veteran plates. Said severely disabled veteran plates
shall conform to the requirements of section four hundred one of this
chapter, but shall bear distinctive marks to distinguish them from
number plates to be issued to other persons, qualifying under this chap-
ter. The commissioner in his discretion, may issue, for any registration
year, only one plate as a set for a motor vehicle, in which event a set
of severely disabled veteran plates for a motor vehicle shall consist of
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one plate. Where a severely disabled veteran owns more than one vehicle
and such vehicle or vehicles is or are used by severely disabled members
of the owner's family who reside with the owner, the commissioner shall
issue one set of plates for each additional vehicle used by such severe-
ly disabled veteran, provided that such user qualifies as a severely
disabled veteran in the manner required by this section. For purposes of
this subdivision, the term "severely disabled veteran" shall mean any
member of the armed forces of the United States who served in time of
war, as defined in section eighty-five of the civil service law, and
whose disability qualifies him as a severely disabled person within the
meaning of such term as defined in subdivision four of this section.
§ 5. Subdivision (c) of section 1100 of the vehicle and traffic law,
as amended by chapter 436 of the laws of 1985, is amended to read as
follows:
(c) Notwithstanding the provisions of subdivision (b) of this section,
the provisions of subparagraph e of paragraph two of subdivision (a) of
section twelve hundred two and section twelve hundred three-c of this
chapter shall also apply to any area which has been designated as a
place for parking for [handicapped persons] PERSONS WITH DISABILITIES
pursuant to such section.
§ 6. The section heading, paragraph (ii) of subdivision 1, subdivision
2 and subdivision 4 of section 1203-a of the vehicle and traffic law,
the section heading as amended and subdivision 2 as added by chapter 690
of the laws of 1982, paragraph (ii) of subdivision 1 as amended by chap-
ter 180 of the laws of 1996 and subdivision 4 as amended by chapter 298
of the laws of 2007, are amended to read as follows:
Parking permits for [handicapped] persons WITH DISABILITIES.
(ii) any state facility, or agency licensed by the state of New York
or any of its political subdivisions, that operates a motor vehicle for
purposes of transporting [handicapped] persons WITH DISABILITIES, upon
the application of such a facility or agency.
2. The special vehicle identification parking permit issued by the
commissioner shall be recognized statewide and, except for a permit
issued pursuant to and used subject to the limitations of subdivision
three of this section is the only valid permit for the purpose of
preserving parking spaces for [the handicapped] PERSONS WITH DISABILI-
TIES.
4. A person who knowingly and wilfully with the intent to deceive
makes a false statement or gives information which such individual knows
to be false to a public official to obtain a parking permit for [hand-
icapped] persons WITH DISABILITIES or to prevent the marking on such
permit of the last three digits of a driver's license or non-driver
identification card held by such person, in addition to any other penal-
ty provided by law, shall be subject to a civil penalty of not less than
two hundred fifty dollars nor more than one thousand dollars.
§ 7. Section 1203-b of the vehicle and traffic law, as amended by
chapter 203 of the laws of 1981, is amended to read as follows:
§ 1203-b. Parking spaces; [handicapped] PERSONS WITH DISABILITIES. 1.
Parking spaces for [the handicapped] PERSONS WITH DISABILITIES as
provided for in sections one thousand two hundred three-a and one thou-
sand two hundred three-c of this chapter shall also be extended to a
motor vehicle registered in accordance with section four hundred four-a
of this chapter. A [handicapped] permit issued FOR PERSONS WITH DISABIL-
ITIES in accordance with the provisions of section thousand two hundred
three-a of this chapter shall entitle the driver to park in such parking
spaces. Parking spaces for [the handicapped] PERSONS WITH DISABILITIES
A. 6651 5
shall be those parking spaces accorded to a holder of a [handicapped]
PERSONS WITH DISABILITIES parking permit provided in accordance with
section one thousand two hundred three-a or as provided in section four
hundred four-a of this chapter.
2. It shall be a violation for any person to stop, stand or park a
vehicle in any area designated as a place for [handicapped] parking FOR
PERSONS WITH DISABILITIES unless the vehicle bears a permit issued under
section one thousand two hundred three-a or a registration issued under
section four hundred four-a of this chapter and such vehicle is being
used for the transportation of PERSONS WITH DISABILITIES OR a severely
disabled [or handicapped] person. This subdivision shall not apply to a
violation of section twelve hundred three-c of this chapter.
§ 8. Section 1203-e of the vehicle and traffic law, as amended by
chapter 65 of the laws of 1996, is amended to read as follows:
§ 1203-e. Dumping snow onto parking places for [handicapped] PERSONS
WITH DISABILITIES prohibited. Any person who knowingly dumps or shovels
snow onto a parking place for [handicapped] persons WITH DISABILITIES
rendering such place unusable for parking purposes shall be subject to a
fine of twenty-five dollars for the first offense and a fine not to
exceed one hundred dollars for every offense thereafter. However, a
local or municipal government may, by local law or ordinance, establish
fines higher than those established in this section, but in no instance
shall the fines exceed fifty dollars for the first offense or two
hundred dollars for the second or subsequent offense.
§ 9. Section 1203-f of the vehicle and traffic law, as added by chap-
ter 335 of the laws of 1997, is amended to read as follows:
§ 1203-f. [Handicapped] PERSONS WITH DISABILITIES parking enforcement.
1. A county, city, town or village may, by adoption of a local law or
ordinance, establish a [handicapped] PERSONS WITH DISABILITIES parking
violation unit to assist in the enforcement of [handicapped] PERSONS
WITH DISABILITIES parking laws or ordinances. Persons appointed to such
unit shall be volunteers, shall serve without compensation, and shall be
authorized to provide evidence of violations of [handicapped] PERSONS
WITH DISABILITIES parking laws or ordinances to the appropriate local
enforcement authority. Such evidence may include photographing a
violation, provided that such photograph is taken and handled in compli-
ance with the requirements of this section.
2. A local law or ordinance enacted in accordance with the provisions
of this section shall:
(a) establish a training program of no less than two hours in length
and require each volunteer to participate in and complete such training
program;
(b) provide for the assignment of an identification number to each
volunteer, and provide official identification and equipment to assist
volunteer personnel in the conduct of their duties;
(c) establish uniform procedures for volunteers to follow in determin-
ing whether a violation has occurred;
(d) establish procedures for the uniform reporting of violations,
which reporting shall include the identification number of the volunteer
making the report;
(e) if such local law or ordinance provides for the taking of photo-
graphs of violations, (i) grant only the enforcement agency the authori-
ty to process or to contract for the processing of all film submitted by
volunteers; (ii) require any photographs evidencing a violation to be
available for inspection in any proceeding to adjudicate the liability
for such violation; (iii) provide that a certificate, sworn to or
A. 6651 6
affirmed by a technician employed by the locality in which the charged
violation occurred, or a facsimile thereof, based upon inspection of
photographs produced from film submitted by volunteers, shall be prima
facie evidence of the facts contained therein; and (iv) prohibit the use
of such a photograph for any purpose other than as evidence of a [hand-
icapped] PERSONS WITH DISABILITIES parking violation; and
(f) provide the following with respect to notices of violation: (i) a
notice of violation shall be sent by first class mail to each person
alleged to be liable as an owner for a violation of a [handicapped]
PERSONS WITH DISABILITIES parking law or ordinance. A manual or auto-
matic record of mailing prepared in the ordinary course of business
shall be prima facie evidence of the facts contained therein; (ii) a
notice of violation shall reference the law which was allegedly
violated, and shall contain the name and address of the person alleged
to be liable as an owner for a violation of a [handicapped] PERSONS WITH
DISABILITIES parking law or ordinance, the registration number of the
vehicle involved in such violation, the location where such violation
took place, the date and time of such violation, and the identification
number of the volunteer who recorded the violation; (iii) a notice of
violation shall contain information advising the person charged of the
manner and the time in which he or she may contest the violation alleged
in the notice, and shall also contain a warning to advise the persons
charged that failure to contest in the manner and time provided shall be
deemed an admission of liability and that a default judgment may be
entered thereon.
§ 10. Section 1203-g of the vehicle and traffic law, as added by chap-
ter 497 of the laws of 1999, is amended to read as follows:
§ 1203-g. Establishment of the [handicapped] PERSONS WITH DISABILITIES
parking education program. 1. Every county and the city of New York
shall establish a separate [handicapped] PERSONS WITH DISABILITIES park-
ing education program. Each program shall be organized by a coordinator
for [handicapped] PERSONS WITH DISABILITIES parking education and advo-
cacy, who shall be designated by the chief executive officer of the
county, if there be one, otherwise by the chair of the governing board
of the county, and in the city of New York, a person designated by the
mayor thereof.
2. The [handicapped] PERSONS WITH DISABILITIES parking education
program shall be established for the purposes of providing education,
advocacy and increased awareness of [handicapped] PERSONS WITH DISABILI-
TIES parking laws. The program shall provide funding for activities such
as public service announcements, public education and awareness
campaigns, distribution of literature, and any other activities that are
consistent with such purposes.
3. It shall be the duty of the coordinator to: (a) render annually or
at the request of the county legislature or other governing body of the
county, a verified account of all moneys received and expended by the
coordinator or under the coordinator's direction and an account of other
pertinent matters; and (b) make a biennial report to the commissioner,
which shall be due on the first day of April every second year following
implementation of the program and shall include an assessment of the
effectiveness of the program, recommendations for expanding and improv-
ing the program and any problems or other matters related to the admin-
istration of the program. Such report shall also be made available to
the temporary president of the senate and the speaker of the assembly.
4. Every county and the city of New York that establishes a [hand-
icapped] PERSONS WITH DISABILITIES parking education program shall
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establish a separate [handicapped] PERSONS WITH DISABILITIES parking
education fund in the custody of the chief fiscal officer of each such
county or city, by April first, two thousand, which shall consist of
moneys granted to such county or city pursuant to section eighteen
hundred nine-b of this chapter. No provision of law shall be deemed to
preclude a county or the city of New York from receiving funds from
other sources to be deposited in the [handicapped] PERSONS WITH DISABIL-
ITIES parking education fund, provided such funds are used in a manner
and for purposes consistent with this section. The moneys of such fund
shall be disbursed to provide education, advocacy and increased aware-
ness of [handicapped] PERSONS WITH DISABILITIES parking laws and may be
used to execute contracts with private organizations for such purposes.
Such contracts shall be awarded upon competitive bids after the issuance
of requests for proposal.
§ 11. Section 1226 of the vehicle and traffic law, as amended by chap-
ter 506 of the laws of 1971, is amended to read as follows:
§ 1226. Control of steering mechanism. No person shall operate a motor
vehicle without having at least one hand or, in the case of a [phys-
ically handicapped person] PERSON WITH A PHYSICAL DISABILITY, at least
one prosthetic device or aid on the steering mechanism at all times when
the motor vehicle is in motion.
§ 12. Section 1809-b of the vehicle and traffic law, as added by chap-
ter 497 of the laws of 1999, is amended to read as follows:
§ 1809-b. Mandatory surcharge required for certain violations relating
to [handicapped] PERSONS WITH DISABILITIES parking spaces. 1. Notwith-
standing any other provision of law, whenever proceedings in an adminis-
trative tribunal or a court result in a finding of liability, or
conviction for a violation of section twelve hundred three-a, twelve
hundred three-b or twelve hundred three-c of this chapter or any other
statute, local law, ordinance or rule involving the parking, stopping or
standing of motor vehicles registered pursuant to section four hundred
four-a of this chapter or those possessing a special vehicle identifica-
tion parking permit issued in accordance with section one thousand two
hundred three-a of this chapter, there shall be levied a mandatory
surcharge in addition to any other sentence, fine or penalty otherwise
permitted or required, in the amount of thirty dollars. Such surcharge
shall not be deemed a monetary penalty for the purposes of section two
hundred thirty-seven of this chapter or section 19-203 of the adminis-
trative code of the city of New York.
2. The mandatory surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that made the determination of liability. Within the first ten days
of the month next succeeding the collection of such surcharge, the
collecting authority shall pay fifteen dollars of such surcharge to the
chief fiscal officer of the county in which such violation occurred or
of the city of New York, for deposit to the credit of the [handicapped]
PERSONS WITH DISABILITIES parking education fund of such county or city
established pursuant to section twelve hundred three-g of this chapter
which shall be used by such county or city solely for a [handicapped]
PERSONS WITH DISABILITIES parking education program pursuant to such
section. The remaining amount of the surcharge shall be paid to the
chief fiscal officer of the municipality from which it originated and
used by such municipality for its local criminal justice programs and
purposes; provided, however, that such municipality shall use ten
percent of such funds for developing and implementing a disability
awareness program for local law enforcement agencies for the purpose of
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training local law enforcement personnel to recognize and appropriately
respond to persons with disabilities with whom such personnel come into
contact in the course of their duties.
§ 13. Subdivisions 1 and 2 of section 396-bb of the general business
law, as amended by chapter 228 of the laws of 2010, are amended to read
as follows:
1. Any person, firm or corporation owning or operating a premises or
facility for the retail sale of motor fuels for use in motor vehicles
and offering self service and full service at the same time, shall,
between the hours of seven o'clock in the morning and seven o'clock in
the evening, provide full service of such motor fuels to disabled
persons with a valid New York state disabled person license plate or a
valid parking permit for [handicapped] persons WITH DISABILITIES issued
pursuant to section twelve hundred three-a of the vehicle and traffic
law at the same price charged for such motor fuels at the self service
islands and shall post a notice in a manner and in at least one location
which is conspicuous to a person seeking refueling service, including a
depiction of the international symbol of access and stating as follows:
Full service at self service prices
7 a.m. to 7 p.m.
Such notice may also further state,
For persons with a valid New York state disabled license
plate or a valid parking permit for [handicapped] persons
WITH DISABILITIES.
2. For purposes of this section "disabled person" shall mean a regis-
tered owner or authorized operator of a motor vehicle who has been
issued special license tags by the state or a valid parking permit for
[handicapped] persons WITH DISABILITIES issued pursuant to section
twelve hundred three-a of the vehicle and traffic law.
§ 14. This act shall take effect immediately.