Relates to pre-arranged for-hire vehicle transportation services and the maximization of universal design and accessibility by persons with disabilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4384
SPONSOR: Steck TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to pre-arranged
for-hire vehicle transportation services and the maximization of
universal design and accessibility by persons with disabilities
PURPOSE OR GENERAL IDEA OF BILL:
For pre-arranged for-hire vehicles to comply with the Americans with
Disabilities Act,, as amended in 1990, by providing comparable transpor-
tation options for those with disabilities.
SUMMARY OF SPECIFIC PROVISIONS:
The vehicle and traffic law is amended by adding a new section 1220-d to
read as follows:
Section 1. Definitions
Section 2. a) Every pre-arranged for-hire vehicle owner with no more
than ten vehicles shall:
(i) purchase or lease at least one universally designed and accessible
vehicle upon its next acquisition of a vehicle after the fifth year from
the effective date of the chapter of the laws of two thousand nineteen
that added this section; and
(ii) ensure when advertising their services subsequent to such purchase,
the availability of universally designed and accessible vehicles is
advertised.
(b) Every pre-arranged for-hire vehicle owner or operator with not less
than eleven or more than one hundred for-hire vehicles shall:
(i) purchase or lease universally designed and accessible vehicles when
acquiring vehicles until not less than twenty percent of the fleet is
universally designed and accessible. In no event shall such fleet have
less than twenty percent universally designed and accessible vehicles
five years after the effective date of the chapter of the laws of two
thousand nineteen that added this section; and
(ii) ensure when advertising their services subsequent to such purchase
that the availability of universally designed and accessible vehicles is
advertised.
(c) Every pre-arranged for-hire vehicle owner or operator provider with
not less than one hundred for-hire vehicles shall:
(i) purchase or lease universally designed and accessible vehicles when
acquiring vehicles until not less than twenty-five percent of the fleet
is universally designed or accessible. In no event shall their fleet
have less than twenty-five percent universally designed and accessible
vehicles three years after the effective date of the chapter of the laws
of two thousand nineteen that added this section;
(ii) increase their percentage of universally designed and accessible
vehicles to a minimum of fifty percent of the fleet within five years of
the effective date of the chapter of the laws of two thousand nineteen
that added this section; and
(iii) ensure that when advertising their services subsequent to such
purchase that the availability of universally designed and accessible
vehicles is also advertised.
(d) All pre-arranged for-hire vehicle owners and operators shall main-
tain the percentages of universally designed and accessible vehicles in
their service which, according to their size at any given time, they
would have been required to purchase by the specified deadlines under
subparagraphs (a), (b) and (c) of this subdivision.
Section 3. Violations and penalties Section 4. Effective Date
JUSTIFICATION:
Transportation is an integral component in enabling people to fully
participate in their communities. It enables people to work, choose
where to live, pursue an education, access health care, worship, shop,
and participate in recreational activities. For New York State residents
with disabilities, the right to fully participate in their communities
and access services is significantly hampered by the current inequities
in New York's transportation network.
When ride-sharing was enacted in New York State, there was no accommo-
dation made in the legislation for individuals living with disabilities.
For example, individuals requiring the use of a wheelchair or other
mobility devices or a service animal, cannot access a ride-sharing vehi-
cle; significantly restricting their transportation options. Therefore,
it is a matter of fairness and in spirit with the principles and
provisions of the Americans with Disabilities Act (ADA) that all resi-
dents and visitors to New York State are afforded equal access to all
modes of transportation. This legislation creates greater accessibility
in pre-arranged for-hire vehicle transportation service and implements
through the utilization of universally designed for-hire vehicles.
A national study conducted by the U.S. Bureau of Transportation Statis-
tics in 2002 found that 6 million people with disabilities have diffi-
culties obtaining the transportation they need. Four times as many disa-
bled people as nondisabled people lack suitable transportation options
to meet their daily mobility needs. In 2000, a Harris Poll funded by the
National Organization on Disability established that nearly one-third of
people with disabilities report having inadequate access to transporta-
tion. In addition, an aging population means that the demand for
universally accessible transportation will increase. According to the
American Public Transportation Association (APTA), to serve the rapidly
growing portion of Americans older than 65, public transportation will
incur increased operating and capital costs - an additional $3.9 billion
annually - by 2030.
For many communities, pre-arranged for-hire vehicles, such as taxis, are
a fundamental part of the transportation system. The Community Transpor-
tation Association of America reports that nearly 40 percent of the
country's transit-dependent population - primarily senior citizens,
persons with disabilities, and low-income individuals reside in rural
areas. However, in many New York rural communities, little to no public
transportation exist, leaving people with disabilities without accessi-
ble transportation since current law does not require private for-hire
vehicle companies to offer universally accessible vehicles. In New York
City, and estimated 60,000 people use wheelchairs, but only 238 of the
13,000 medallion yellow cabs (less than 2%) are able to accommodate
passengers with wheelchairs. Even fewer livery vehicles and limousines
are accessible for customers in wheelchairs. The lack of accessible
taxis currently costs the Medicaid program millions of dollars because
people who use wheelchairs presently have no alternative but to use very
expensive Medicaid funded ambulettes for transportation to medical
appointments. This cost could be dramatically reduced if accessible taxi
service were available. This bill requires that a certain percentage of
a fleet of taxis and other for-hire vehicles are wheelchair accessible
and be equipped with a ramp or lift that allows for the safe transport
of people who use wheelchairs and scooters.
The New York State Commission for the Blind and Visually Handicapped
estimates that there are 120,000 New Yorkers who are blind and nearly 1
million New Yorkers with vision loss. So when credit card machines, for
instance, are in different locations within a vehicle's cab or are
designed differently, this is a barrier to service for low-vision or
blind individuals. Similarly, if a taxicab does not have enough floor
space to accommodate a service animal, an individual traveling with one
is not able to ride. Also, because many hybrid vehicles make far less
noise than conventional gasoline-powered cars, many people of low-vision
or blind individuals are unable to hear these vehicles approach, creat-
ing a hazardous situation. Another problem exists in relation to
signage. Signage relating to the rights of for-hire vehicle consumers
and fare schedules are not provided in Braille and generally the font
size for all of these signs is very small, making it difficult for
people who are of low vision to read. This bill requires that taxis and
other for-hire vehicles are compliant with standard technology (with an
exception for the testing of pilot programs for new systems), provide
sufficient floor space for a service animal, require that hybrid-powered
taxicabs are outfitted with a device that enables the blind or low
vision individuals to hear the vehicle approach, and provides for large-
print and Braille signage.
Approximately 12% of the U.S. population or 38 million Americans have
significant hearing loss. For these individuals it is commonly difficult
to communicate with the taxicab driver about their destination, their
preferred route, or to converse about the fare and payment. This bill
requires that certain new taxicabs and other for-hire vehicles be fitted
with an assistive listening system so that people who use a hearing aid
can be connected to an intercom, video, or audio system.
This bill further requires that certain new taxicabs and other for-hire
vehicles be equipped with hearing loop systems, which provides superior
hearing assistance. Nearly two-thirds of the hearing aids on the market
as well as all cochlear implants come equipped with the technology
necessary to access hearing loop systems allowing a growing number of
individuals with hearing loss to benefit from hearing loop systems.
The stated goal of the Supreme Court's decision in Olmstead v. L.C., 527
U.S. 581 (1999), is to integrate people with disabilities into the
community. More restrictive transportation policies people with disabil-
ities affects their ability to become fully integrated in the community.
This legislation is a significant step in complying with the provisions
of Olmstead and the intent of the Americans with Disabilities Act.
PRIOR LEGISLATIVE HISTORY:
2021/22: A3183 referred to transportation
2019/20: A7344 referred to transportation
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it is signed into
law.
STATE OF NEW YORK
________________________________________________________________________
4384
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. STECK, COOK, CRUZ, DeSTEFANO, DICKENS, HYNDMAN,
SANTABARBARA, SEAWRIGHT, SIMON, STERN, WALSH -- read once and referred
to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to pre-arranged
for-hire vehicle transportation services and the maximization of
universal design and accessibility by persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Accessible Livery Act".
3 § 2. The vehicle and traffic law is amended by adding a new section
4 1220-d to read as follows:
5 § 1220-d. Universal accessibility in for-hire vehicles. 1. For the
6 purposes of this section, the following terms shall have the following
7 meanings:
8 (a) "Pre-arranged for-hire vehicle" shall mean a motor vehicle,
9 designed to carry no more than nine passengers (excluding the driver),
10 that is used in the business of transporting passengers for compensation
11 on a pre-arranged basis, and operated in such business under a license
12 or permit issued by a licensing jurisdiction. The term "pre-arranged
13 for-hire vehicle" shall apply to vehicles as defined in this paragraph
14 regardless of any other provision of local law or rule defining or
15 describing such vehicles by any other terms such as livery, taxi, black
16 car, or luxury limousine.
17 (b) "Pre-arranged for-hire vehicle owner or operator" shall mean the
18 registered owner of a pre-arranged for-hire vehicle, or a duly licensed
19 driver designated by such registered owner or operator to operate the
20 registered owner's or operator's pre-arranged for-hire vehicle as the
21 registered owner's or operator's authorized designee.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05938-01-3
A. 4384 2
1 (c) "Universal design" or "universally designed" shall mean the design
2 of products and environments to be usable by all people, to the greatest
3 extent possible, without the need for adaptation or specialized design.
4 (d) "Accessible vehicle" shall mean a vehicle that:
5 (i) complies with the accessibility requirements of the Americans with
6 Disabilities Act of 1990, as amended, and the regulations promulgated
7 thereunder;
8 (ii) is equipped with a lift, ramp or any other device, arrangement or
9 alteration, so it is capable of transporting individuals who use wheel-
10 chairs, scooters, or other mobility aids while they remain seated in
11 their wheelchairs, scooters, or other mobility aids;
12 (iii) is equipped with an assistive listening system for persons with
13 hearing impairments that is connected with any intercom, video or audio
14 system, when such a system is installed;
15 (iv) is equipped with standardized signs printed in:(A) braille; and
16 (B) large-print text so that such signs are visible to persons with low
17 vision;
18 (v) provides sufficient floor space to accommodate a service animal;
19 and
20 (vi) if powered by a hybrid-electric motor, is equipped with an appro-
21 priate device to enable persons who are blind to hear the approach of
22 the vehicle as readily as they can hear a conventional gasoline-powered
23 vehicle.
24 2. (a) Every pre-arranged for-hire vehicle owner or operator with not
25 more than ten for-hire vehicles shall:
26 (i) purchase or lease at least one universally designed and accessible
27 vehicle upon its next acquisition of a vehicle after the fifth year from
28 the effective date of the chapter of the laws of two thousand twenty-
29 three that added this section; and
30 (ii) ensure that when advertising their services subsequent to such
31 purchase, the availability of universally designed and accessible vehi-
32 cles is also advertised.
33 (b) Every pre-arranged for-hire vehicle owner or operator with not
34 less than eleven or more than one hundred for-hire vehicles shall:
35 (i) purchase or lease universally designed and accessible vehicles
36 when acquiring vehicles until not less than twenty percent of the fleet
37 is universally designed and accessible. In no event shall such fleet
38 have less than twenty percent universally designed and accessible vehi-
39 cles five years after the effective date of the chapter of the laws of
40 two thousand twenty-three that added this section; and
41 (ii) ensure that when advertising their services subsequent to such
42 purchase that the availability of universally designed and accessible
43 vehicles is also advertised.
44 (c) Every pre-arranged for-hire vehicle owner or operator provider
45 with not less than one hundred for-hire vehicles shall:
46 (i) purchase or lease universally designed and accessible vehicles
47 when acquiring vehicles until not less than twenty-five percent of the
48 fleet is universally designed or accessible. In no event shall their
49 fleet have less than twenty-five percent universally designed and acces-
50 sible vehicles three years after the effective date of the chapter of
51 the laws of two thousand twenty-three that added this section;
52 (ii) increase their percentage of universally designed and accessible
53 vehicles to a minimum of fifty percent of the fleet within five years of
54 the effective date of the chapter of the laws of two thousand twenty-one
55 that added this section; and
A. 4384 3
1 (iii) ensure that when advertising their services subsequent to such
2 purchase that the availability of universally designed and accessible
3 vehicles is also advertised.
4 (d) All pre-arranged for-hire vehicle owners and operators shall main-
5 tain the percentages of universally designed and accessible vehicles in
6 their service which, according to their size at any given time, they
7 would have been required to purchase by the specified deadlines under
8 subparagraphs (a), (b) and (c) of this subdivision.
9 3. Failure to comply with the provisions of subdivision two of this
10 section shall constitute a violation punishable by a fine of not less
11 than fifty dollars and not more than one hundred fifty dollars per day
12 from the date a violation occurred until the date such violation is
13 cured. A violation may also be grounds for revocation or denial of
14 licensing or registration, or renewal thereof, under section four
15 hundred one of this chapter. The local and state authorities charged
16 with issuing permits, licenses and registration of pre-arranged for-hire
17 vehicles and shuttle services shall require proof prior to issuance of
18 such permit, license or registration, or renewal thereof, of compliance
19 with the provisions of this section.
20 § 3. This act shall take effect one year after it shall have become a
21 law.
