Bill Text: NY A07344 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to pre-arranged for-hire vehicle transportation services and the maximization of universal design and accessibility by persons with disabilities.

Spectrum: Moderate Partisan Bill (Democrat 18-4)

Status: (Introduced) 2019-04-25 - referred to transportation [A07344 Detail]

Download: New_York-2019-A07344-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7344
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 25, 2019
                                       ___________
        Introduced  by M. of A. STECK -- 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
          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 "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 in for-hire  vehicles.  1.  For  the
     6  purposes  of  this section, the following terms shall have the following
     7  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.
    22    (c) "Universal design" or "universally designed" shall mean the design
    23  of products and environments to be usable by all people, to the greatest
    24  extent possible, without the need for adaptation or specialized design.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11108-01-9

        A. 7344                             2
     1    (d) "Accessible vehicle" shall mean a vehicle that:
     2    (i) complies with the accessibility requirements of the Americans with
     3  Disabilities  Act  of  1990, as amended, and the regulations promulgated
     4  thereunder;
     5    (ii) is equipped with a lift, ramp or any other device, arrangement or
     6  alteration, so it is capable of transporting individuals who use  wheel-
     7  chairs,  scooters,  or  other  mobility aids while they remain seated in
     8  their wheelchairs, scooters, or other mobility aids;
     9    (iii) is equipped with an assistive listening system for persons  with
    10  hearing  impairments that is connected with any intercom, video or audio
    11  system, when such a system is installed;
    12    (iv) is equipped with standardized signs printed in:(A)  braille;  and
    13  (B)  large-print text so that such signs are visible to persons with low
    14  vision;
    15    (v) provides sufficient floor space to accommodate a  service  animal;
    16  and
    17    (vi) if powered by a hybrid-electric motor, is equipped with an appro-
    18  priate  device  to  enable persons who are blind to hear the approach of
    19  the vehicle as readily as they can hear a conventional  gasoline-powered
    20  vehicle.
    21    2.  (a) Every pre-arranged for-hire vehicle owner or operator with not
    22  more than ten for-hire vehicles shall:
    23    (i) purchase or lease at least one universally designed and accessible
    24  vehicle upon its next acquisition of a vehicle after the fifth year from
    25  the effective date of the chapter of the laws of two  thousand  nineteen
    26  that added this section; and
    27    (ii)  ensure  that  when advertising their services subsequent to such
    28  purchase, the availability of universally designed and accessible  vehi-
    29  cles is also advertised.
    30    (b)  Every  pre-arranged  for-hire  vehicle owner or operator with not
    31  less than eleven or more than one hundred for-hire vehicles shall:
    32    (i) purchase or lease universally  designed  and  accessible  vehicles
    33  when  acquiring vehicles until not less than twenty percent of the fleet
    34  is universally designed and accessible. In no  event  shall  such  fleet
    35  have  less than twenty percent universally designed and accessible vehi-
    36  cles five years after the effective date of the chapter of the  laws  of
    37  two thousand nineteen that added this section; and
    38    (ii)  ensure  that  when advertising their services subsequent to such
    39  purchase that the availability of universally  designed  and  accessible
    40  vehicles is also advertised.
    41    (c)  Every  pre-arranged  for-hire  vehicle owner or operator provider
    42  with not less than one hundred for-hire vehicles shall:
    43    (i) purchase or lease universally  designed  and  accessible  vehicles
    44  when  acquiring  vehicles until not less than twenty-five percent of the
    45  fleet is universally designed or accessible. In  no  event  shall  their
    46  fleet have less than twenty-five percent universally designed and acces-
    47  sible  vehicles  three  years after the effective date of the chapter of
    48  the laws of two thousand nineteen that added this section;
    49    (ii) increase their percentage of universally designed and  accessible
    50  vehicles to a minimum of fifty percent of the fleet within five years of
    51  the  effective  date of the chapter of the laws of two thousand nineteen
    52  that added this section; and
    53    (iii) ensure that when advertising their services subsequent  to  such
    54  purchase  that  the  availability of universally designed and accessible
    55  vehicles is also advertised.

        A. 7344                             3
     1    (d) All pre-arranged for-hire vehicle owners and operators shall main-
     2  tain the percentages of universally designed and accessible vehicles  in
     3  their  service  which,  according  to their size at any given time, they
     4  would have been required to purchase by the  specified  deadlines  under
     5  subparagraphs (a), (b) and (c) of this subdivision.
     6    3.  Failure  to  comply with the provisions of subdivision two of this
     7  section shall constitute a violation punishable by a fine  of  not  less
     8  than  fifty  dollars and not more than one hundred fifty dollars per day
     9  from the date a violation occurred until  the  date  such  violation  is
    10  cured.  A  violation  may  also  be  grounds for revocation or denial of
    11  licensing or  registration,  or  renewal  thereof,  under  section  four
    12  hundred  one  of  this  chapter. The local and state authorities charged
    13  with issuing permits, licenses and registration of pre-arranged for-hire
    14  vehicles and shuttle services shall require proof prior to  issuance  of
    15  such  permit, license or registration, or renewal thereof, of compliance
    16  with the provisions of this section.
    17    § 3. This act shall take effect one year after it shall have become  a
    18  law.
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