Bill Text: NJ S468 | 2010-2011 | Regular Session | Introduced
Bill Title: Concerns regulation of paratransit vehicles and drivers transporting persons in wheelchairs.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Transportation Committee [S468 Detail]
Download: New_Jersey-2010-S468-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Co-Sponsored by:
Senators Cardinale and Weinberg
SYNOPSIS
Concerns regulation of paratransit vehicles and drivers transporting persons in wheelchairs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the transportation of individuals in wheelchairs and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Department" means the Department of Human Services.
"Paratransit services" means paratransit services as defined in subsection d. of section 3 of P.L.1979, c.150 (C.27:25-3) and also includes the operation of paratransit vehicles transporting group home residents, day program clients, supervised apartment clients, assisted living residents, nursing home patients, senior citizens, and persons with disabilities.
"Wheelchair" means a chair or mobility aid device used to increase the independent mobility, in the activities of daily living, of an individual who has limited or no ambulation abilities.
2. a. The driver of a motor vehicle offering paratransit services transporting persons in wheelchairs 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.
b. A person who violates subsection a. of this section shall be fined $100. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of subsection a. of this section. A person who is fined under this subsection for a violation of subsection a. of this section shall not be subject to a surcharge under the Motor Vehicle Violations Surcharge System as provided in section 6 of P.L.1983, c.65 (C.17:29A-35).
3. The department shall offer biannually a training course in wheelchair transportation or shall approve such a course to be offered by some other public or private entity approved by the department. The course shall be taught by a qualified trainer and shall include, but need not be limited to, classroom and hands-on training in the proper procedure for securing the wheelchair and for securing the occupant with a belt and shoulder harness; proper use of a belt and harness; proper use and maintenance of all safety belts, harnesses, and securement devices; and proper use, operation, and maintenance of the vehicle's lift or loading device. A person satisfactorily completing the training course shall receive a wheelchair training identification card containing a picture of the person. The form of the card shall be approved by the department, and issued by the department or the entity offering the approved training course, attesting that the person has completed the course.
4. Any driver of a motor vehicle offering paratransit services transporting persons in wheelchairs shall have satisfactorily completed the training course offered or approved by the department pursuant to section 3 of this act prior to driving such motor vehicle. A copy of the wheelchair training identification card received by a driver pursuant to section 3 of this act shall be maintained at the premises of the owner or registrant of the motor vehicle. It shall be the responsibility of the owner or registrant of the motor vehicle to ensure that the driver of the motor vehicle possesses the required wheelchair training identification card, and the driver shall have the responsibility of having the identification card in his possession while driving the vehicle.
The department may require that the identification card have an expiration date and that a refresher training course be completed by the driver prior to the expiration date.
Any person who shall make or use a counterfeit or false wheelchair training identification card shall be guilty of a disorderly persons offense.
5. A wheelchair training identification card shall be in the possession of the driver of a motor vehicle offering paratransit services transporting persons in wheelchairs at all times when the driver is in charge of the motor vehicle on the highways of this State.
The driver shall exhibit his wheelchair training identification card when requested to do so by a police officer or judge, while in the performance of the duties of his office.
Any person violating this section shall be subject to the same fine as provided for a violation of R.S.39:3-29.
If a person charged with a violation of this section can exhibit his wheelchair training identification card, which was valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer the charge, the judge may dismiss the charge. However, the judge may impose court costs.
In addition to the fine provided in this section for the driver of the motor vehicle, the court shall impose a fine in the same amount on the owner or registrant of the motor vehicle whose driver failed to be in possession of the required wheelchair training identification card.
6. At the time of any periodic or roadside safety inspections performed pursuant to chapter 8 of Title 39 of the Revised Statutes of a motor vehicle offering paratransit services equipped with wheelchair securement and occupant securement devices, the driver of that vehicle shall possess and present a wheelchair training identification card. In addition, the vehicle shall be inspected to determine if the wheelchair securement and occupant securement devices are in satisfactory working order and otherwise comply with Federal Motor Vehicle Safety Standards. No such vehicle shall receive a certificate of approval unless there is compliance with the provisions of this section.
7. Sections 1 through 3 of this act shall take effect immediately and the remainder of this act shall take effect on the 365th day after the date of enactment, but the Department of Human Services and the New Jersey Motor Vehicle Commission may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill contains various provisions to ensure that the driver of a vehicle offering paratransit services transporting persons in wheelchairs (hereafter "paratransit vehicle") is properly trained in wheelchair transportation matters, that the persons being so transported are properly secured, and that the wheelchair securement devices are in satisfactory working order.
Section 1 of the bill clarifies that the definition of paratransit is also to include the operation of paratransit vehicles transporting certain categories of persons, such as the residents of assisted living communities and allied arrangements, and the elderly and disabled.
Section 2 parallels the recently enacted law, P.L.2008, c.79, concerning wheelchair securement devices and passenger automobiles and provides that the driver of a paratransit vehicle shall secure or cause to be secured a wheelchaired passenger in a properly adjusted and fastened wheelchair securement device in compliance with Federal Motor Vehicle Safety Standards. A fine of $100 is provided for a violation of this provision as in P.L.2008, c.79.
Sections 3 and 4 require the Department of Human Services to offer or approve a training course in wheelchair training which is to be completed by a driver of a paratransit vehicle before driving such a vehicle. A copy of the identification card received after completion of the training course is to be retained by the owner or registrant of the paratransit vehicle. A person making or using a false or counterfeit card is guilty of a disorderly persons offense.
Section 5, which is modeled on R.S.39:3-29 concerning insurance identification cards, licenses and registration certificates, requires the driver of the paratransit vehicle to have the wheelchair training identification card in his possession while operating the vehicle. Failure to exhibit the identification card to the police or a judge would result in the same fine being imposed as for a violation of R.S.39:3-29 (currently $150 or $250). The owner or registrant of the paratransit vehicle would also be subject to the same fine.
Section 6 requires the driver of a paratransit vehicle to possess and present a wheelchair training identification card at the time of a periodic or roadside safety inspection. In addition, the vehicle is to be inspected at that time to determine whether the wheelchair securement devices are in satisfactory working order and otherwise comply with federal standards. The paratransit vehicle will not receive a certificate of approval ("inspection sticker") unless these requirements are met.
The effective date of sections 1 through 3 of the bill is delayed for one year in order to provide sufficient time for the Department of Human Services to offer or approve the required training course and to permit paratransit drivers sufficient time to complete the course and be issued the identification cards.
