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S07611 Summary:

BILL NOS07611A
 
SAME ASNo Same As
 
SPONSORBYNOE
 
COSPNSRRHOADS
 
MLTSPNSR
 
Add §159-b, V & T L; add §14-o, amd §151, Transp L
 
Directs the department of transportation to conduct a study of 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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S07611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7611--A
            Cal. No. 1549
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 23, 2025
                                       ___________
 
        Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation -- reported
          favorably from said  committee  and  committed  to  the  Committee  on
          Finance -- committee discharged and said bill committed to the Commit-
          tee  on  Rules  --  ordered  to  a  third reading, amended and ordered
          reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the vehicle and traffic law and the transportation  law,
          in  relation  to  a study of the availability of wheelchair 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, conducting a study on the number of wheelchair accessible vehi-
    10  cles,  creating  benchmarks and granting support for counties across New
    11  York state other than New York City, would allow for  local  authorities
    12  to  make  informed  policies to increase mobility transportation options
    13  for individuals who are reliant on the use of  a  wheelchair  accessible
    14  vehicle.
    15    §  2.  The  vehicle and traffic law is amended by adding a new section
    16  159-b to read as follows:
    17    § 159-b. "Wheelchair accessible vehicle". A vehicle, including a taxi-
    18  cab, that has been inspected and approved  by  the  municipal  or  local
    19  authorizing body as possessing all of the following requirements:
    20    1. Mobility and accessibility
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11778-02-5

        S. 7611--A                          2
 
     1    (a) The lift/ramp width shall be thirty inches minimum.
     2    (b)  The  design  load  of the lift/ramp shall be at least six hundred
     3  pounds.
     4    (c) Controls for the lift/ramp shall be interlocked with  the  vehicle
     5  to  ensure  that  the  vehicle cannot be moved while the lift/ramp is in
     6  operation.
     7    (d) Controls for the lift/ramp shall be of the momentary contact  type
     8  requiring continuous manual pressure to operate.
     9    (e) The lift/ramp shall be equipped with an emergency deployment meth-
    10  od in the event of power or mechanical failure.
    11    (f)  The  installation  of  a  lift/ramp  shall  include provisions to
    12  prevent the lift/ramp from falling or folding  any  faster  than  twelve
    13  inches/second  in  the  event of any failure of the load-carrying compo-
    14  nent.
    15    (g) The lift/ramp platform shall be equipped  with  handrails  on  two
    16  sides,  a minimum of eight inches long and thirty inches above the plat-
    17  form and move in tandem with the lift/ramp.
    18    (h) The lift/ramp platform shall have barriers at least two inches  or
    19  higher to prevent mobility aid wheels from slipping off.
    20    (i)  Lift/platform surfaces shall be continuous and slip resistant and
    21  accommodate four-wheel and three-wheel mobility aids.
    22    (j) The transition from roadway or sidewalk and  the  transition  from
    23  vehicle  floor  to the ramp may be vertical without edge treatment up to
    24  one-quarter inch.
    25    (k) Ramps shall have the least slope practical and may  not  exceed  a
    26  one to four ratio when deployed to ground level.
    27    (l)  The  lift/ramp attachment shall be firmly attached to the vehicle
    28  so that it is not subject to displacement when loading  or  unloading  a
    29  heavy  mobility  aid  and  the  gap between the vehicle and ramp may not
    30  exceed five-eighths of an inch.
    31    (m) The lift/ramp shall be usable in all weather conditions.
    32    2. Doors, steps and thresholds
    33    (a) For vehicles twenty-two feet  in  length  or  less,  the  overhead
    34  clearance  between the top of the door opening. The raised lift platform
    35  or highest point of the ramp shall be a minimum of fifty-nine inches.
    36    (b) Vehicle doorways in which a lift/ramp is installed  shall  have  a
    37  light above or beside each passenger access door to illuminate the load-
    38  ing  equipment. Such light shall be constantly lit during the loading or
    39  unloading of passengers. The light shall be shielded to protect the eyes
    40  of entering and exiting passengers.
    41    3. Interior compartment
    42    (a) Floor areas where people walk and securement locations shall  have
    43  slip-resistant surfaces.
    44    (b)  A minimum clear floor area of thirty inches by forty-eight inches
    45  shall be provided for each wheelchair position.
    46    (c) Regarding  seating  configuration,  vehicles  twenty-two  feet  in
    47  length or less shall provide forward/rear seating only.
    48    (d)  Ramp  stowage  shall be accomplished in a manner as not to pose a
    49  hazard to passengers or impinge on a passenger's mobility aid.
    50    (e) Interior handrails and stanchions shall permit sufficient  turning
    51  and  maneuvering  space for mobility aids including wheelchairs to reach
    52  securement location from lift/ramp.
    53    (f) Handrails and stanchions shall be provided in the entrance to  the
    54  vehicle in a configuration which allows people to grasp the assists from
    55  outside  the  vehicle while starting to board, and to continue using the
    56  assists throughout the boarding process.

        S. 7611--A                          3
 
     1    4. Secure systems
     2    (a)  A  vehicle  shall  possess a wheelchair securement system that is
     3  able to securely anchor the wheelchair into  the  vehicle,  or  able  to
     4  encompass  both  the  occupant  and  the  wheelchair  to ensure they are
     5  securely anchored into the vehicle.
     6    (b) For each mobility aid securement device, a passenger seat belt and
     7  shoulder harness shall be provided for use by mobility aid  users.  Such
     8  seat  belts  shall be in addition to a device which secures the mobility
     9  aid itself.
    10    (c) Securement systems shall be stowed in a way so as not  to  pose  a
    11  hazard to passengers when not in use.
    12    § 3. The transportation law is amended by adding a new section 14-o to
    13  read as follows:
    14    §  14-o.  Wheelchair  accessible vehicles. 1. For the purposes of this
    15  section:
    16    (a) "Taxicab" shall mean any motor vehicle, other than a bus, used  in
    17  the  business  of transporting passengers for compensation, and operated
    18  in such business under a license or permit issued by a local  authority.
    19  Such  term shall not include vehicles which are rented or leased without
    20  a driver.
    21    (b) "County" shall mean a county in the state of New York, outside  of
    22  the city of New York.
    23    (c)  "Wheelchair  accessible  vehicles" shall have the same meaning as
    24  defined in section one hundred fifty-nine-b of the vehicle  and  traffic
    25  law.
    26    2. The commissioner shall conduct a study relating to the availability
    27  of  wheelchair  accessible  vehicles  in every county. Each county shall
    28  provide the department with relevant data which will allow  the  depart-
    29  ment to complete this study. The scope of such study shall include:
    30    (a)  A  compilation  of data from each county on the number of taxicab
    31  operators within their jurisdiction.
    32    (b) The size of the fleet of each taxicab company or operator.
    33    (c) The number of wheelchair accessible  vehicles  that  comprise  the
    34  fleet of each taxicab company or operator.
    35    (d) The catchment areas of each taxicab company or operator.
    36    (e)  Any  existing county policies or laws which set guidelines on the
    37  number of wheelchair accessible vehicles available  in  each  county  or
    38  policies  regarding  the  licensing of wheelchair accessible vehicles by
    39  any taxicab company.
    40    3. All information compiled by the wheelchair accessible vehicle study
    41  under subdivision two of this section shall be assembled and  integrated
    42  into  a  statewide  mapping  platform  in order to identify areas of the
    43  state which may have an accessibility desert and/or insufficient  number
    44  of wheelchair accessible vehicles. Such map shall include:
    45    (a) An overlay of the different existing county policies or laws which
    46  set guidelines on the number of wheelchair accessible vehicles.
    47    (b)  An overlay of existing programs which provide wheelchair accessi-
    48  ble transportation services in each county.
    49    (c) All other information as outlined under the wheelchair  accessible
    50  vehicle study in subdivision two of this section.
    51    (d)  All  information  included  in  the study shall be made available
    52  digitally and be accessible to the public on the department's website.
    53    4. Upon completion of the wheelchair accessible vehicle study pursuant
    54  to subdivision two of this section, the department, in conjunction  with
    55  the office for people with developmental disabilities and the department
    56  of  health, shall complete an assessment of each county's data to deter-

        S. 7611--A                          4
 
     1  mine if there is an accessibility desert due to an  insufficient  number
     2  of  wheelchair  accessible  vehicles,  and  create  benchmarks developed
     3  through analysis of U.S. Census Bureau's American Community Survey  data
     4  on  the  prevalence  of  ambulatory  disabilities. This assessment shall
     5  suggest grant programs or tax  incentives  to  increase  the  number  of
     6  wheelchair accessible vehicles.
     7    5.  The department shall complete an assessment of all existing wheel-
     8  chair accessible vehicle policies or plans and determine if  such  plans
     9  are  insufficient.  Upon determination that a county has an insufficient
    10  plan or is absent of a plan to meet the needs of its  constituency,  the
    11  department  shall  require  such  county to submit a plan that meets the
    12  department's benchmarks in order to increase wheelchair accessible vehi-
    13  cle transportation.
    14    6. Within one hundred eighty days of the publication of the wheelchair
    15  accessible vehicle study map as set forth in subdivision three  of  this
    16  section,  the  commissioner  shall deliver a copy of the findings of the
    17  study and the benchmarks established pursuant  to  subdivision  four  of
    18  this  section  to all stakeholders and post such findings on the depart-
    19  ment's website. Notification shall be provided to each county subject to
    20  this section. Within one hundred eighty days of the publication  of  the
    21  wheelchair  accessible  vehicle  study map, each county shall create and
    22  submit a plan to the department pursuant to  subdivision  five  of  this
    23  section.
    24    §  4.  The closing paragraph of section 151 of the transportation law,
    25  as amended by section 8 of part G of chapter 58 of the laws of 2012,  is
    26  amended and a new subdivision 13 is added to read as follows:
    27    13.  As  a  taxi or livery service, except as specified for wheelchair
    28  accessible vehicles pursuant to  section  fourteen-o  of  this  chapter,
    29  which is pursuant to the jurisdiction or regulatory control of a munici-
    30  pality, other than a city with a population over one million, authorized
    31  to adopt an ordinance relating to both registration and licensing pursu-
    32  ant  to subdivision one of section one hundred eighty-one of the general
    33  municipal law, when such service is available to the general public on a
    34  prearranged or demand-response basis over a non-specified  or  irregular
    35  route  with  the  point or points of pick-up and discharge determined by
    36  the passenger. For the purpose of this subdivision, wheelchair  accessi-
    37  ble  vehicles  shall  be  defined pursuant to section one hundred fifty-
    38  nine-b of the vehicle and traffic law.
    39    For the purposes of this article, the term "sedan" or "sedans" as used
    40  [herein] in this section shall include  private  passenger  automobiles,
    41  but  shall not include commercial motor vehicles with a seating capacity
    42  of eleven persons or more including the driver, or commercially operated
    43  wheelchair accessible vehicles pursuant to subdivision thirteen of  this
    44  section.
    45    §  5.  This  act shall take effect on the ninetieth day after it shall
    46  have become a law.
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