NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7440
SPONSOR: Thiele (MS)
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to van accessi-
ble handicapped parking
 
PURPOSE:
To create Van accessible wheelchair only parking spaces.
 
SUMMARY OF PROVISIONS:
Amends subdivision 1 of section 1203-c of the vehicle and traffic law,
as added by chapter 203 of the laws of 1981.
 
JUSTIFICATION:
Currently under the Americans with Disabilities Act, at least 1 handicap
accessible parking space in a parking lot must also be a Van accessible
parking spot. In addition, 1 in every 6 handicap accessible spaces must
be a Van accessible parking space. For example, if there are 3 handicap
accessible parking spaces, 1 must be Van accessible, and if there are 30
handicap accessible parking spaces, 5 must be Van accessible. Van Acces-
sible parking spaces must be 11 feet wide and have an adjacent access
aisle that is 8 feet wide. The 8 foot access aisle is necessary for vans
equipped with a wheelchair lift in order to have the appropriate space
to deploy the lift.
Often times, these Van accessible spots are taken by individuals with
handicap placards who are not wheelchair bound and thus, do not need the
adjacent access aisle. When these Van accessible parking spaces are
being used, it creates a significant burden on wheelchair bound motor-
ists. Other Handicap spaces and non-handicap spaces are insufficient
because they are not wide enough to accommodate vans.
Although the ADA requires that Van accessible parking spots be provided,
it does nothing to prevent non-van handicap vehicles from parking in Van
accessible parking spots. This legislation would require that, when a
parking lot has 5 or more handicap accessible parking spaces, every van
accessible parking space is required to be for Wheelchair users only.
This would allow non-wheelchair handicap users plenty of other handicap
spaces to use, while preserving Van accessible parking spaces for wheel-
chair bound users who desperately need these spaces to park.
 
LEGISLATIVE HISTORY:
2014: S.7611
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately