Bill Text: NJ S2876 | 2010-2011 | Regular Session | Amended

---

Bill Title: Requires private entity primarily engaged in business of providing transportation for passengers in wheelchairs to secure passengers in wheelchairs using four-point securement system and to secure unoccupied wheelchairs. *

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2011-12-15 - Received in the Assembly, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [S2876 Detail]

Download: New_Jersey-2010-S2876-Amended.html

---

[First Reprint]

SENATE, No. 2876

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 19, 2011

 

 

Sponsored by:

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Senator Weinberg

 

 

 

 

SYNOPSIS

     Requires private entity primarily engaged in business of providing transportation for passengers in wheelchairs to secure passengers in wheelchairs using four-point securement system and to secure unoccupied wheelchairs.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Transportation Committee on November 21, 2011, with amendments.

  

An Act concerning wheelchair securement and amending P.L.2008, c.79.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.2008, c.79 (C.39:3-76.2l) is amended to read as follows:

     1.    a.  The driver of a passenger automobile shall secure or cause to be secured any ¹[wheelchaired]¹ passenger ¹using a wheelchair¹ in a properly adjusted and fastened wheelchair securement and occupant securement device.  The securement devices shall be in compliance with Federal Motor Vehicle Safety Standards.

     For the purposes of this act, the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles.

     b.    ¹[The operator of a vehicle providing paratransit services] A private entity which is primarily engaged in the business of providing transportation for passengers using wheelchairs¹ shall secure or ¹[caused] cause¹ to be secured any ¹[wheelchaired]¹ passenger ¹using a wheelchair¹ using a properly adjusted and fastened four-point securement system.  ¹The private entity shall also properly secure any unoccupied wheelchair.¹

     For the purposes of this subsection:

     "Four-point securement system" means a complete four-point system that includes four wheelchair restraints to secure a wheelchair to the vehicle floor; occupant securements; a lap and shoulder belt that ¹[integrate] integrates¹ to the rear wheelchair restraints; and floor anchorages installed in the vehicle floor ¹[; and

     "Paratransit services" means any service, other than motorbus regular route service and motorbus charter service, including but not limited to, dial-a-ride, non-regular route, jitney or community minibus, and shared-ride services such as vanpools, limousines, or taxicabs which are regularly available to the public.  Paratransit services shall not include limousine or taxicab service reserved for the private and exclusive use of individual passengers]¹.

(cf: P.L.2008, c.79, s.1)

 

     2.    This act shall take effect on the 365th day next following enactment.