Bill Text: NY A04302 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to pre-arranged for-hire vehicle transportation services and the maximization of energy efficiency, universal design and accessibility by persons with disabilities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A04302 Detail]
Download: New_York-2019-A04302-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4302 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. WEPRIN, CUSICK, MOSLEY -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to pre-arranged for-hire vehicle transportation services and the maximization of ener- gy efficiency, 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Energy Efficiency Accessible Livery Act". 3 § 2. The vehicle and traffic law is amended by adding a new section 4 1220-d to read as follows: 5 § 1220-d. Universal accessibility and energy efficiency in for-hire 6 vehicles. 1. For the purposes of this section, the following terms shall 7 have the following meanings: 8 (a) "Pre-arranged for-hire vehicle" shall mean a motor vehicle, 9 designed to carry no more than nine passengers (excluding the driver), 10 that is used in the business of transporting passengers for compensation 11 on a pre-arranged basis, and operated in such business under a license 12 or permit issued by a licensing jurisdiction. The term "pre-arranged 13 for-hire vehicle" shall apply to vehicles as defined in this paragraph 14 regardless of any other provision of local law or rule defining or 15 describing such vehicles by any other terms such as livery, taxi, black 16 car, or luxury limousine. 17 (b) "Pre-arranged for-hire vehicle owner or operator" shall mean the 18 registered owner of a pre-arranged for-hire vehicle, or a duly licensed 19 driver designated by such registered owner or operator to operate the 20 registered owner's or operator's pre-arranged for-hire vehicle as the 21 registered owner's or operator's authorized designee. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08439-01-9A. 4302 2 1 (c) "Universal design" or "universally designed" shall mean the design 2 of products and environments to be usable by all people, to the greatest 3 extent possible, without the need for adaptation or specialized design. 4 (d) "Energy efficient vehicle" shall mean vehicles that are petrole- 5 um-alternative vehicles using petroleum-alternative fuels; hybrid elec- 6 tric vehicles; or conventional gasoline vehicles achieving an average 7 fuel economy of at least thirty-five miles per gallon. 8 (e) "Accessible vehicle" shall mean a vehicle that: 9 (i) complies with the accessibility requirements of the Americans with 10 Disabilities Act of 1990, as amended, and the regulations promulgated 11 thereunder; 12 (ii) is equipped with a lift, ramp or any other device, arrangement or 13 alteration, so it is capable of transporting individuals who use wheel- 14 chairs, scooters, or other mobility aids while they remain seated in 15 their wheelchairs, scooters, or other mobility aids; 16 (iii) is equipped with an assistive listening system for persons with 17 hearing impairments that is connected with any intercom, video or audio 18 system, when such a system is installed; 19 (iv) is equipped with standardized signs printed in:(A) braille; and 20 (B) large-print text so that such signs are visible to persons with low 21 vision; 22 (v) provides sufficient floor space to accommodate a service animal; 23 and 24 (vi) if powered by a hybrid-electric motor, is equipped with an appro- 25 priate device to enable persons who are blind to hear the approach of 26 the vehicle as readily as they can hear a conventional gasoline-powered 27 vehicle. 28 2. (a) Every pre-arranged for-hire vehicle owner or operator with not 29 more than ten for-hire vehicles shall: 30 (i) purchase or lease at least one energy efficient, universally 31 designed and accessible vehicle upon its next acquisition of a vehicle 32 after the fifth year from the effective date of the chapter of the laws 33 of two thousand nineteen that added this section; and 34 (ii) ensure that when advertising their services subsequent to such 35 purchase, the availability of energy efficient, universally designed and 36 accessible vehicles is also advertised. 37 (b) Every pre-arranged for-hire vehicle owner or operator with not 38 less than eleven or more than one hundred for-hire vehicles shall: 39 (i) purchase or lease energy efficient, universally designed and 40 accessible vehicles when acquiring vehicles until not less than twenty 41 percent of the fleet is energy efficient, universally designed and 42 accessible. In no event shall such fleet have less than twenty percent 43 energy efficient, universally designed and accessible vehicles five 44 years after the effective date of the chapter of the laws of two thou- 45 sand nineteen that added this section; and 46 (ii) ensure that when advertising their services subsequent to such 47 purchase that the availability of energy efficient, universally designed 48 and accessible vehicles is also advertised. 49 (c) Every pre-arranged for-hire vehicle owner or operator provider 50 with not less than one hundred for-hire vehicles shall: 51 (i) purchase or lease energy efficient, universally designed and 52 accessible vehicles when acquiring vehicles until not less than twenty- 53 five percent of the fleet is energy efficient, universally designed or 54 accessible. In no event shall their fleet have less than twenty-five 55 percent energy efficient, universally designed and accessible vehiclesA. 4302 3 1 three years after the effective date of the chapter of the laws of two 2 thousand nineteen that added this section; 3 (ii) increase their percentage of energy efficient, universally 4 designed and accessible vehicles to a minimum of fifty percent of the 5 fleet within five years to the effective date of the chapter of the laws 6 of two thousand nineteen that added this section; and 7 (iii) ensure that when advertising their services subsequent to such 8 purchase that the availability of energy efficient, universally designed 9 and accessible vehicles is also advertised. 10 (d) All pre-arranged for-hire vehicle owners and operators shall main- 11 tain the percentages of energy efficient, universally designed and 12 accessible vehicles in their service which, according to their size at 13 any given time, they would have been required to purchase by the speci- 14 fied deadlines under subparagraphs (a), (b) and (c) of this subdivision. 15 3. Failure to comply with the provisions of subdivision two of this 16 section shall constitute a violation punishable by a fine of not less 17 than fifty dollars and not more than one hundred fifty dollars per day 18 from the date a violation occurred until the date such violation is 19 cured. A violation may also be grounds for revocation or denial of 20 licensing or registration, or renewal thereof, under section four 21 hundred one of this chapter. The local and state authorities charged 22 with issuing permits, licenses and registration of pre-arranged for-hire 23 vehicles and shuttle services shall require proof prior to issuance of 24 such permit, license or registration, or renewal thereof, of compliance 25 with the provisions of this section. 26 § 3. This act shall take effect one year after it shall have become a 27 law.
