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A08872 Summary:

BILL NOA08872A
 
SAME ASSAME AS S07611-B
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Add §§159-b & 224-b, V & T L; amd §151, Transp L
 
Directs the department of motor vehicles to develop a plan to increase the availability of wheelchair accessible vehicles, by county, in New York state outside of the city of New York; defines accessibility; requires a report to identify any existing local guidelines for accessible vehicles; directs development of benchmarks for increasing wheelchair accessible vehicles.
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A08872 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8872--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2025
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Transportation -- recommitted to the Committee  on  Transporta-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the vehicle and traffic law and the transportation  law,
          in  relation to creating a plan to increase the availability of wheel-
          chair accessible vehicles in New York state outside of the city of New
          York
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. This Legislature finds that no uniform
     2  regulations exist across New York state outside of New York  city  which
     3  define  wheelchair  accessible  vehicles.  Despite the need for mobility
     4  services for the disabled population, substantive information on  wheel-
     5  chair  accessible  vehicle  standards  and  the  number of such vehicles
     6  available does not exist in each county across New York state outside of
     7  New York City.
     8    As such, this Legislature finds that defining a wheelchair  accessible
     9  vehicle,  creating  a  plan for wheelchair accessible vehicles, creating
    10  benchmarks and granting support for counties across New York state other
    11  than New York City, would allow for local authorities to  make  informed
    12  policies to increase mobility transportation options for individuals who
    13  are reliant on the use of a wheelchair accessible vehicle.
    14    §  2.  The  vehicle and traffic law is amended by adding a new section
    15  159-b to read as follows:
    16    § 159-b. "Wheelchair accessible vehicle". A vehicle, including a taxi-
    17  cab, that has been inspected and approved  by  the  municipal  or  local
    18  authorizing body as possessing all of the following requirements:
    19    1. Mobility and accessibility
    20    (a) The lift/ramp width shall be thirty inches minimum.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11778-06-6

        A. 8872--A                          2
 
     1    (b)  The  design  load  of the lift/ramp shall be at least six hundred
     2  pounds.
     3    (c)  Controls  for the lift/ramp shall be interlocked with the vehicle
     4  to ensure that the vehicle cannot be moved while  the  lift/ramp  is  in
     5  operation.
     6    (d)  Controls for the lift/ramp shall be of the momentary contact type
     7  requiring continuous manual pressure to operate.
     8    (e) The lift/ramp shall be equipped with an emergency deployment meth-
     9  od in the event of power or mechanical failure.
    10    (f) The installation  of  a  lift/ramp  shall  include  provisions  to
    11  prevent  the  lift/ramp  from  falling or folding any faster than twelve
    12  inches/second in the event of any failure of  the  load-carrying  compo-
    13  nent.
    14    (g)  The  lift/ramp  platform  shall be equipped with handrails on two
    15  sides, a minimum of eight inches long and thirty inches above the  plat-
    16  form and move in tandem with the lift/ramp.
    17    (h)  The lift/ramp platform shall have barriers at least two inches or
    18  higher to prevent mobility aid wheels from slipping off.
    19    (i) Lift/platform surfaces shall be continuous and slip resistant  and
    20  accommodate four-wheel and three-wheel mobility aids.
    21    (j)  The  transition  from roadway or sidewalk and the transition from
    22  vehicle floor to the ramp may be vertical without edge treatment  up  to
    23  one-quarter inch.
    24    (k)  Ramps  shall  have the least slope practical and may not exceed a
    25  one to four ratio when deployed to ground level.
    26    (l) The lift/ramp attachment shall be firmly attached to  the  vehicle
    27  so  that  it  is not subject to displacement when loading or unloading a
    28  heavy mobility aid and the gap between the  vehicle  and  ramp  may  not
    29  exceed five-eighths of an inch.
    30    (m) The lift/ramp shall be usable in all weather conditions.
    31    2. Doors, steps and thresholds
    32    (a)  For  vehicles  twenty-two  feet  in  length or less, the overhead
    33  clearance between the top of the door opening. The raised lift  platform
    34  or highest point of the ramp shall be a minimum of fifty-nine inches.
    35    (b)  Vehicle  doorways  in which a lift/ramp is installed shall have a
    36  light above or beside each passenger access door to illuminate the load-
    37  ing equipment. Such light shall be constantly lit during the loading  or
    38  unloading of passengers. The light shall be shielded to protect the eyes
    39  of entering and exiting passengers.
    40    3. Interior compartment
    41    (a)  Floor areas where people walk and securement locations shall have
    42  slip-resistant surfaces.
    43    (b) A minimum clear floor area of thirty inches by forty-eight  inches
    44  shall be provided for each wheelchair position.
    45    (c)  Regarding  seating  configuration,  vehicles  twenty-two  feet in
    46  length or less shall provide forward/rear seating only.
    47    (d) Ramp stowage shall be accomplished in a manner as not  to  pose  a
    48  hazard to passengers or impinge on a passenger's mobility aid.
    49    (e)  Interior handrails and stanchions shall permit sufficient turning
    50  and maneuvering space for mobility aids including wheelchairs  to  reach
    51  securement location from lift/ramp.
    52    (f)  Handrails and stanchions shall be provided in the entrance to the
    53  vehicle in a configuration which allows people to grasp the assists from
    54  outside the vehicle while starting to board, and to continue  using  the
    55  assists throughout the boarding process.
    56    4. Secure systems

        A. 8872--A                          3
 
     1    (a)  A  vehicle  shall  possess a wheelchair securement system that is
     2  able to securely anchor the wheelchair into  the  vehicle,  or  able  to
     3  encompass  both  the  occupant  and  the  wheelchair  to ensure they are
     4  securely anchored into the vehicle.
     5    (b) For each mobility aid securement device, a passenger seat belt and
     6  shoulder  harness  shall be provided for use by mobility aid users. Such
     7  seat belts shall be in addition to a device which secures  the  mobility
     8  aid itself.
     9    (c)  Securement  systems  shall be stowed in a way so as not to pose a
    10  hazard to passengers when not in use.
    11    § 3. The vehicle and traffic law is amended by adding  a  new  section
    12  224-b to read as follows:
    13    §  224-b.  Wheelchair  accessible  vehicle  availability  plan. 1. The
    14  commissioner shall create a plan relating to the availability of  wheel-
    15  chair  accessible vehicles in every county of the state outside the city
    16  of New York. Each such county shall provide the department with relevant
    17  data necessary to complete such plan.   The  scope  of  the  plan  shall
    18  include:
    19    (a) the number of for-hire operators within each county;
    20    (b) the size of the fleet of each for-hire company or operator;
    21    (c) the number of wheelchair accessible vehicles in each fleet;
    22    (d) the catchment areas of such for-hire companies or operators; and
    23    (e)  any county policies or laws governing the availability or licens-
    24  ing of wheelchair accessible vehicles.
    25    2. All information compiled pursuant to this section shall  be  assem-
    26  bled  and integrated into a statewide mapping platform to identify areas
    27  with insufficient availability of wheelchair accessible  vehicles.  Such
    28  information  shall  be  made  publicly  available  on  the  department's
    29  website.
    30    3. Upon completion of the plan, the department, in  consultation  with
    31  the office for people with developmental disabilities and the department
    32  of health, shall assess county-level data and establish benchmarks based
    33  on United States census bureau American community survey data on ambula-
    34  tory disabilities.  Such benchmarks shall be included in the plan, along
    35  with  recommendations for grant programs and tax incentives to encourage
    36  engagement in an effort to provide transportation options to expand  the
    37  availability  of  wheelchair accessible vehicles.   The plan should also
    38  include identification of pre-existing fiscal resources which are avail-
    39  able to transportation network companies, other for-hire  entities,  and
    40  individuals who possess qualifying wheelchair accessible vehicles.
    41    4. If the department determines that a county lacks adequate resources
    42  to  meet  the needs of individuals requiring wheelchair accessible vehi-
    43  cles, the department shall, in consultation with:  (a) the county or any
    44  other relevant governmental entity, (b)  transportation  network  compa-
    45  nies,  (c)  other  for-hire  entities,  and  (d) individuals who possess
    46  wheelchair accessible vehicles, create a plan  to  meet  the  benchmarks
    47  established  pursuant to subdivision three of this section.  The commis-
    48  sioner shall then publish the findings,  and  subsequent  plan,  on  the
    49  department's website and provide notice to each affected county.
    50    §  4.  The closing paragraph of section 151 of the transportation law,
    51  as amended by section 8 of part G of chapter 58 of the laws of 2012,  is
    52  amended and a new subdivision 13 is added to read as follows:
    53    13.  As  a  for-hire or livery service, except as specified for wheel-
    54  chair accessible vehicles pursuant to section two hundred  twenty-four-b
    55  of the vehicle and traffic law, which is pursuant to the jurisdiction or
    56  regulatory  control  of  a  municipality, other than a city with a popu-

        A. 8872--A                          4
 
     1  lation over one million, authorized to adopt an  ordinance  relating  to
     2  both  registration  and licensing pursuant to subdivision one of section
     3  one hundred eighty-one of the general municipal law, when  such  service
     4  is  available  to the general public on a prearranged or demand-response
     5  basis over a non-specified or irregular route with the point  or  points
     6  of pick-up and discharge determined by the passenger. For the purpose of
     7  this subdivision, wheelchair accessible vehicles shall be defined pursu-
     8  ant to section one hundred fifty-nine-b of the vehicle and traffic law.
     9    For the purposes of this article, the term "sedan" or "sedans" as used
    10  [herein]  in  this  section shall include private passenger automobiles,
    11  but shall not include commercial motor vehicles with a seating  capacity
    12  of eleven persons or more including the driver, or commercially operated
    13  wheelchair  accessible vehicles pursuant to subdivision thirteen of this
    14  section.
    15    § 5. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
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