Bill Text: NJ S2876 | 2010-2011 | Regular Session | Introduced
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-Introduced.html
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Requires that wheelchairs be secured using four-point securement system in paratransit vehicles.
CURRENT VERSION OF TEXT
As introduced.
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 wheelchaired passenger 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. The operator of a vehicle providing paratransit services shall secure or caused to be secured any wheelchaired passenger using a properly adjusted and fastened four-point securement system.
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 integrate to the rear wheelchair restraints; and floor anchorages installed in the vehicle floor; 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.
(cf: P.L.2008, c.79, s.1)
2. This act shall take effect on the 365th day next following enactment.
STATEMENT
This bill requires operators of paratransit vehicles to secure or caused to be secured any wheelchaired passenger using a properly adjusted and fastened four-point securement system. The bill defines a four-point securement system as 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 integrate to the rear wheelchair restraints; and floor anchorages installed in the vehicle floor.
Under current law, drivers of passenger automobiles are required to secure or cause to be secured any wheelchaired passenger in a properly adjusted and fastened wheelchair securement and occupant securement device in compliance with Federal Motor Vehicle Safety Standards. Those Federal Motor Vehicle Safety Standards do not require a four point securement system.
