S T A T E O F N E W Y O R K ________________________________________________________________________ 4302 2013-2014 Regular Sessions I N A S S E M B L Y February 1, 2013 ___________ Introduced by M. of A. TITUS, PAULIN, CAHILL, WEISENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to access to certain for-hire vehicles and shuttle services by persons with disa- bilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1220-d to read as follows: 3 S 1220-D. ACCESSIBILITY IN FOR-HIRE VEHICLES. 1. FOR THE PURPOSES OF 4 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 (A) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE, 6 DESIGNED TO CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING THE DRIVER), 7 THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION 8 ON A PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE 9 OR PERMIT ISSUED BY A LICENSING JURISDICTION. THE TERM "PRE-ARRANGED 10 FOR-HIRE VEHICLE" SHALL APPLY TO VEHICLES AS DEFINED IN THIS SECTION 11 REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW OR RULE DEFINING OR 12 DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, BLACK CAR, 13 OR LUXURY LIMOUSINE. 14 (B) "PRE-ARRANGED FOR-HIRE VEHICLE OPERATOR" SHALL MEAN THE REGISTERED 15 OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE, OR A DULY LICENSED DRIVER 16 DESIGNATED BY SUCH REGISTERED OWNER TO OPERATE THE REGISTERED OWNER'S 17 PRE-ARRANGED FOR-HIRE VEHICLE AS THE REGISTERED OWNER'S AUTHORIZED 18 DESIGNEE. 19 (C) "SHUTTLE SERVICE" SHALL MEAN ANY PRE-ARRANGED FOR-HIRE VEHICLE 20 TRANSPORTATION OFFERED ON A FIXED ROUTE INCLUDING, BUT NOT LIMITED TO, 21 GROUND TRANSPORTATION OFFERED BY HOTELS TO AND FROM AIRPORTS AND TOURISM 22 DESTINATIONS. 23 (D) "WHEELCHAIR ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE CAPABLE OF 24 TRANSPORTING INDIVIDUALS WHO USE WHEELCHAIRS OR OTHER MOBILITY AIDS AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01765-01-3 A. 4302 2 1 WHO ARE UNABLE TO TRANSFER FROM A WHEELCHAIR OR OTHER MOBILITY AID TO A 2 VEHICLE PASSENGER SEAT. NOTHING IN THIS CHAPTER SHALL DIMINISH THE 3 REQUIREMENTS OF FOR-HIRE VEHICLES TO COMPLY WITH THE NON-DISCRIMINATION 4 REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990 5 (42 U.S.C. 12181 ET SEQ.). 6 (E) "EQUIVALENT SERVICE" SHALL MEAN THE PROVISION OF SERVICES TO INDI- 7 VIDUALS WITH DISABILITIES, INCLUDING INDIVIDUALS WHO USE WHEELCHAIRS, 8 THAT WHEN TAKEN IN TOTALITY IS EQUIVALENT TO THE SERVICE PROVIDED TO 9 PERSONS WITHOUT DISABILITIES WHEN MEASURED BY THE FOLLOWING CHARACTER- 10 ISTICS: 11 (I) ABILITY TO ACCEPT RESERVATIONS; 12 (II) FARES CHARGED; 13 (III) RESPONSE TIME TO REQUESTS FOR SERVICE; 14 (IV) HOURS AND DAYS OF SERVICE AVAILABILITY; 15 (V) RESTRICTIONS BASED UPON TRIP PURPOSE; AND 16 (VI) OTHER LIMITATIONS ON CAPACITY OR SERVICE AVAILABILITY. 17 2. (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR SHUTTLE SERVICE 18 PROVIDER WITH NOT MORE THAN TEN FOR-HIRE VEHICLES SHALL (I) ADVERTISE 19 AND PROVIDE ACCESSIBLE ALTERNATIVE TRANSPORTATION UPON REQUEST OF A 20 PATRON; AND (II) PURCHASE AT LEAST ONE WHEELCHAIR ACCESSIBLE VEHICLE 21 UPON ITS NEXT PURCHASE OF A NEW OR USED VEHICLE. 22 (B) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR SHUTTLE SERVICE 23 PROVIDER WITH NOT LESS THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE 24 VEHICLES SHALL (I) ADVERTISE AND PROVIDE ACCESSIBLE ALTERNATIVE TRANS- 25 PORTATION UPON REQUEST OF A PATRON; AND (II) PURCHASE WHEELCHAIR ACCES- 26 SIBLE VEHICLES UPON NEED TO REPLACE EXISTING VEHICLES, OR WITHIN THREE 27 YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, UNTIL NOT LESS THAN TEN 28 PERCENT OF THE FLEET IS WHEELCHAIR ACCESSIBLE. 29 (C) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR SHUTTLE SERVICE 30 PROVIDER WITH NOT LESS THAN ONE HUNDRED ONE FOR-HIRE VEHICLES SHALL (I) 31 ADVERTISE AND PROVIDE ACCESSIBLE ALTERNATIVE TRANSPORTATION UPON REQUEST 32 OF A PATRON; AND (II) PURCHASE WHEELCHAIR ACCESSIBLE VEHICLES UPON NEED 33 TO REPLACE EXISTING VEHICLES, OR WITHIN FIVE YEARS OF THE EFFECTIVE DATE 34 OF THIS SUBDIVISION, UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET IS 35 WHEELCHAIR ACCESSIBLE. 36 3. FAILURE TO COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS 37 SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT LESS 38 THAN FIFTY DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY 39 FROM THE DATE A VIOLATION OCCURRED UNTIL THE DATE SUCH VIOLATION IS 40 CURED. A VIOLATION MAY ALSO BE GROUNDS FOR REVOCATION OR DENIAL OF 41 LICENSING OR REGISTRATION, OR RENEWAL THEREOF, UNDER SECTION FOUR 42 HUNDRED ONE OF THIS CHAPTER. THE LOCAL AND STATE AUTHORITIES CHARGED 43 WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE 44 VEHICLES AND SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO ISSUANCE OF 45 SUCH PERMIT, LICENSE AND REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE 46 WITH THE PROVISIONS OF THIS SECTION. 47 S 2. This act shall take effect on the three hundred sixty-fifth day 48 after it shall have become a law.