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S07611 Summary:

BILL NOS07611B
 
SAME ASNo Same As
 
SPONSORBYNOE
 
COSPNSRMARTINS, RHOADS
 
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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S07611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7611--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 23, 2025
                                       ___________
 
        Introduced  by  Sens.  BYNOE,  MARTINS, RHOADS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  --  reported favorably from said committee and committed to
          the Committee on Finance -- committee discharged and said bill commit-
          ted to the Committee on Rules -- ordered to a third  reading,  amended
          and ordered reprinted, retaining its place in the order of third read-
          ing  --  recommitted  to the Committee on Transportation in accordance
          with Senate Rule 6, sec. 8  --  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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11778-05-6

        S. 7611--B                          2
 
     1    § 159-b. "Wheelchair accessible vehicle". A vehicle, including a taxi-
     2  cab,  that  has  been  inspected  and approved by the municipal or local
     3  authorizing body as possessing all of the following requirements:
     4    1. Mobility and accessibility
     5    (a) The lift/ramp width shall be thirty inches minimum.
     6    (b)  The  design  load  of the lift/ramp shall be at least six hundred
     7  pounds.
     8    (c) Controls for the lift/ramp shall be interlocked with  the  vehicle
     9  to  ensure  that  the  vehicle cannot be moved while the lift/ramp is in
    10  operation.
    11    (d) Controls for the lift/ramp shall be of the momentary contact  type
    12  requiring continuous manual pressure to operate.
    13    (e) The lift/ramp shall be equipped with an emergency deployment meth-
    14  od in the event of power or mechanical failure.
    15    (f)  The  installation  of  a  lift/ramp  shall  include provisions to
    16  prevent the lift/ramp from falling or folding  any  faster  than  twelve
    17  inches/second  in  the  event of any failure of the load-carrying compo-
    18  nent.
    19    (g) The lift/ramp platform shall be equipped  with  handrails  on  two
    20  sides,  a minimum of eight inches long and thirty inches above the plat-
    21  form and move in tandem with the lift/ramp.
    22    (h) The lift/ramp platform shall have barriers at least two inches  or
    23  higher to prevent mobility aid wheels from slipping off.
    24    (i)  Lift/platform surfaces shall be continuous and slip resistant and
    25  accommodate four-wheel and three-wheel mobility aids.
    26    (j) The transition from roadway or sidewalk and  the  transition  from
    27  vehicle  floor  to the ramp may be vertical without edge treatment up to
    28  one-quarter inch.
    29    (k) Ramps shall have the least slope practical and may  not  exceed  a
    30  one to four ratio when deployed to ground level.
    31    (l)  The  lift/ramp attachment shall be firmly attached to the vehicle
    32  so that it is not subject to displacement when loading  or  unloading  a
    33  heavy  mobility  aid  and  the  gap between the vehicle and ramp may not
    34  exceed five-eighths of an inch.
    35    (m) The lift/ramp shall be usable in all weather conditions.
    36    2. Doors, steps and thresholds
    37    (a) For vehicles twenty-two feet  in  length  or  less,  the  overhead
    38  clearance  between the top of the door opening. The raised lift platform
    39  or highest point of the ramp shall be a minimum of fifty-nine inches.
    40    (b) Vehicle doorways in which a lift/ramp is installed  shall  have  a
    41  light above or beside each passenger access door to illuminate the load-
    42  ing  equipment. Such light shall be constantly lit during the loading or
    43  unloading of passengers. The light shall be shielded to protect the eyes
    44  of entering and exiting passengers.
    45    3. Interior compartment
    46    (a) Floor areas where people walk and securement locations shall  have
    47  slip-resistant surfaces.
    48    (b)  A minimum clear floor area of thirty inches by forty-eight inches
    49  shall be provided for each wheelchair position.
    50    (c) Regarding  seating  configuration,  vehicles  twenty-two  feet  in
    51  length or less shall provide forward/rear seating only.
    52    (d)  Ramp  stowage  shall be accomplished in a manner as not to pose a
    53  hazard to passengers or impinge on a passenger's mobility aid.
    54    (e) Interior handrails and stanchions shall permit sufficient  turning
    55  and  maneuvering  space for mobility aids including wheelchairs to reach
    56  securement location from lift/ramp.

        S. 7611--B                          3
 
     1    (f) Handrails and stanchions shall be provided in the entrance to  the
     2  vehicle in a configuration which allows people to grasp the assists from
     3  outside  the  vehicle while starting to board, and to continue using the
     4  assists throughout the boarding process.
     5    4. Secure systems
     6    (a)  A  vehicle  shall  possess a wheelchair securement system that is
     7  able to securely anchor the wheelchair into  the  vehicle,  or  able  to
     8  encompass  both  the  occupant  and  the  wheelchair  to ensure they are
     9  securely anchored into the vehicle.
    10    (b) For each mobility aid securement device, a passenger seat belt and
    11  shoulder harness shall be provided for use by mobility aid  users.  Such
    12  seat  belts  shall be in addition to a device which secures the mobility
    13  aid itself.
    14    (c) Securement systems shall be stowed in a way so as not  to  pose  a
    15  hazard to passengers when not in use.
    16    §  3.  The  vehicle and traffic law is amended by adding a new section
    17  224-b to read as follows:
    18    § 224-b. Wheelchair  accessible  vehicle  availability  plan.  1.  The
    19  commissioner  shall create a plan relating to the availability of wheel-
    20  chair accessible vehicles in every county of the state outside the  city
    21  of New York. Each such county shall provide the department with relevant
    22  data  necessary  to  complete  such  plan.   The scope of the plan shall
    23  include:
    24    (a) the number of for-hire operators within each county;
    25    (b) the size of the fleet of each for-hire company or operator;
    26    (c) the number of wheelchair accessible vehicles in each fleet;
    27    (d) the catchment areas of such for-hire companies or operators; and
    28    (e) any county policies or laws governing the availability or  licens-
    29  ing of wheelchair accessible vehicles.
    30    2.  All  information compiled pursuant to this section shall be assem-
    31  bled and integrated into a statewide mapping platform to identify  areas
    32  with  insufficient  availability of wheelchair accessible vehicles. Such
    33  information  shall  be  made  publicly  available  on  the  department's
    34  website.
    35    3.  Upon  completion of the plan, the department, in consultation with
    36  the office for people with developmental disabilities and the department
    37  of health, shall assess county-level data and establish benchmarks based
    38  on United States census bureau American community survey data on ambula-
    39  tory disabilities.  Such benchmarks shall be included in the plan, along
    40  with recommendations for grant programs and tax incentives to  encourage
    41  engagement  in an effort to provide transportation options to expand the
    42  availability of wheelchair accessible vehicles.   The plan  should  also
    43  include identification of pre-existing fiscal resources which are avail-
    44  able  to  transportation network companies, other for-hire entities, and
    45  individuals who possess qualifying wheelchair accessible vehicles.
    46    4. If the department determines that a county lacks adequate resources
    47  to meet the needs of individuals requiring wheelchair  accessible  vehi-
    48  cles, the department shall, in consultation with:  (a) the county or any
    49  other  relevant  governmental  entity, (b) transportation network compa-
    50  nies, (c) other for-hire  entities,  and  (d)  individuals  who  possess
    51  wheelchair  accessible  vehicles,  create  a plan to meet the benchmarks
    52  established pursuant to subdivision three of this section.  The  commis-
    53  sioner  shall  then  publish  the  findings, and subsequent plan, on the
    54  department's website and provide notice to each affected county.

        S. 7611--B                          4
 
     1    § 4. The closing paragraph of section 151 of the  transportation  law,
     2  as  amended by section 8 of part G of chapter 58 of the laws of 2012, is
     3  amended and a new subdivision 13 is added to read as follows:
     4    13.  As  a  for-hire or livery service, except as specified for wheel-
     5  chair accessible vehicles pursuant to section two hundred  twenty-four-b
     6  of the vehicle and traffic law, which is pursuant to the jurisdiction or
     7  regulatory  control  of  a  municipality, other than a city with a popu-
     8  lation over one million, authorized to adopt an  ordinance  relating  to
     9  both  registration  and licensing pursuant to subdivision one of section
    10  one hundred eighty-one of the general municipal law, when  such  service
    11  is  available  to the general public on a prearranged or demand-response
    12  basis over a non-specified or irregular route with the point  or  points
    13  of pick-up and discharge determined by the passenger. For the purpose of
    14  this subdivision, wheelchair accessible vehicles shall be defined pursu-
    15  ant to section one hundred fifty-nine-b of the vehicle and traffic law.
    16    For the purposes of this article, the term "sedan" or "sedans" as used
    17  [herein]  in  this  section shall include private passenger automobiles,
    18  but shall not include commercial motor vehicles with a seating  capacity
    19  of eleven persons or more including the driver, or commercially operated
    20  wheelchair  accessible vehicles pursuant to subdivision thirteen of this
    21  section.
    22    § 5. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.
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