Provides improved access to taxicabs for persons with disabilities and authorizes the sale of 2,000 additional wheelchair accessible taxicab licenses in NYC; provides for the NYC taxi and limousine commissioner to set aside up to $100,000,000, but not less than $75,000,000, for the modification and upkeep of all medallion taxicabs and to offset any additional costs of medallion owners.
STATE OF NEW YORK
________________________________________________________________________
959--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KELLNER, WEISENBERG, DINOWITZ, BARRON, MILLMAN,
HOOPER, WEPRIN -- Multi-Sponsored by -- M. of A. FARRELL, GLICK, GOTT-
FRIED -- read once and referred to the Committee on Cities -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the general municipal law, in relation to providing for
improved access to taxicabs for persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 181 of the general municipal law, as amended by
2 chapter 579 of the laws of 1993, subdivision 1 as separately amended by
3 chapters 382 and 385 of the laws of 2012, is amended to read as follows:
4 § 181. Ordinances to regulate taxicabs and limousines. 1. The munici-
5 pal officers and boards in the several cities, towns and villages of
6 this state now having the authority to enact ordinances, may adopt ordi-
7 nances regulating:
8 [1.] (a) The registration and licensing of taxicabs and may limit the
9 number of taxicabs to be licensed and the county of Westchester may
10 adopt ordinances regulating the registration and licensing of taxicabs
11 and limousines and may limit the number to be licensed; the county of
12 Nassau may adopt ordinances regulating the registration of taxicabs and
13 limousines; and the county of Suffolk may adopt ordinances regulating
14 the registration of taxicabs, limousines, and livery vehicles; and the
15 county of Rockland may adopt local laws or ordinances regulating the
16 registration and licensing of taxicabs, limousines, and livery vehicles
17 and may limit the number to be licensed.
18 [2.] (b) Parking and passenger pick-up and discharge by taxicabs,
19 limousines and livery vehicles. Establishment of such ordinances and
20 regulations regulating parking and passenger pick-up and discharges may
21 be based upon recommendations from municipal planning officials or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01883-04-3
A. 959--A 2
1 public entities and may address and take into consideration such
2 factors, including, but not limited to, geographic areas, vehicle type,
3 limiting the number of parked vehicles and activities undertaken while
4 parked, and periods of idling.
5 2. The municipal officers and boards in any city having a population
6 of more than one million shall no later than April thirtieth, two thou-
7 sand fifteen adopt ordinances providing:
8 (a) that "accessible taxicab" shall mean any vehicle that
9 (1) is equipped with a lift, ramp, or any other device, arrangement or
10 alteration, so it is capable of transporting persons with physical disa-
11 bilities, including those who use wheelchairs, scooters and similar
12 devices while they remain seated in their wheelchairs, scooters or simi-
13 lar devices;
14 (2) complies with the specifications set forth in regulations promul-
15 gated under the Americans with Disabilities Act and codified at 49
16 C.F.R. sections 38.23, 38.25 and 38.31, as amended, whether or not those
17 regulations would apply under federal law;
18 (3) is equipped with an assistive listening system for persons with
19 hearing impairment that is connected with any intercom, video or audio
20 system, when such a system is installed;
21 (4) assures that the technology utilized by taxicabs is compliant with
22 the standards promulgated by the commissioner of transportation;
23 provided that a local authority with oversight over taxicabs, limousines
24 and livery vehicles may conduct pilot programs testing new systems;
25 (5) is equipped with standardized signs printed in: (A) Braille; and
26 (B) large-print text so that such signs are visible to persons with low
27 vision;
28 (6) provides sufficient floor space to accommodate a service animal;
29 and
30 (7) if powered by a hybrid-electric power plant, is equipped with an
31 appropriate device to enable persons who are blind to hear the approach
32 of the vehicle as readily as they can hear a conventional gasoline-pow-
33 ered taxicab.
34 (b) that no owner of a taxicab shall place any taxicab into service
35 subsequent to October first, two thousand sixteen which taxicab is not
36 an accessible taxicab.
37 3. For purposes of this section, the term "assistive listening system"
38 shall mean situational-personal acoustic communication equipment
39 designed to improve the transmission and auditory reception of sound.
40 Such system shall include but not be limited to the use of standard
41 amplitude modulation (AM), frequency modulation (FM), audio induction
42 loop, infrared light sound, or hard wire systems.
43 § 2. (a) Accessible taxicab license issuance. The city of New York
44 may, by local law, authorize the New York city taxi and limousine
45 commission (TLC) or its successor agency to issue up to two thousand
46 taxicab licenses in addition to those already issued, provided, however,
47 that such taxicab licenses shall be restricted to vehicles designated
48 for the purpose of transporting persons in wheelchairs or containing a
49 physical device or alteration designed to permit access to and enable
50 the transportation of persons in wheelchairs in accordance with the
51 Americans with Disabilities Act, provided further that such additional
52 licenses shall be issued by public sale and shall be fully transferable.
53 (b) The TLC shall prescribe by regulation the procedures for the issu-
54 ance and public sale of such additional licenses, by public auction,
55 sealed bids or other competitive process. For the purposes of this
56 subdivision, the term "wheelchair accessible taxicab" shall refer to a
A. 959--A 3
1 vehicle that complies with federal regulations promulgated pursuant to
2 the Americans with Disabilities Act applicable to taxicabs under twen-
3 ty-two feet in length, by the federal Department of Transportation, in
4 Code of Federal Regulations, title 49, parts 37 and 38, and by the
5 federal Architecture and Transportation Barriers Compliance Board, in
6 Code of Federal Regulations, title 36, section 1192.23, and the Federal
7 Motor Vehicle Safety Standards, Code of Federal Regulations, title 29,
8 part 57.
9 (c) From the sale of such additional 2,000 wheelchair accessible taxi-
10 cab licenses pursuant to subdivision (a) of this section, the TLC shall
11 set aside up to $100,000,000, but not less than $75,000,000, for the
12 modification and upkeep of all medallion taxicabs and to offset any
13 additional costs of medallion owners. The TLC shall determine the subsi-
14 dy based on the type of medallion issued.
15 § 3. The commissioner of transportation shall promulgate any rules,
16 regulations and standards necessary to give effect of the provisions of
17 this act, including, but not limited to rules, regulations and standards
18 concerning the standardization of assistive listening technology avail-
19 able in taxicabs and the content of signs available in taxicabs to visu-
20 ally impaired persons.
21 § 4. This act shall take effect immediately.
