STATE OF NEW YORK
        ________________________________________________________________________
                                          5216
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M. of A. TITUS, PAULIN, CAHILL -- 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    § 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.
                                                                   LBD07714-01-9

        A. 5216                             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    §  2.  This act shall take effect on the three hundred sixty-fifth day
    48  after it shall have become a law.