BILL NUMBER: S7611A
SPONSOR: BYNOE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To conduct a comprehensive study on the availability and access to
wheelchair accessible vehicles serving as taxicabs in all Counties
across New York State outside of New York City. Following the completion
of the study, the Department of Transportation shall compile data and
complete an assessment to determine if there is an accessibility desert
due to an insufficient number of wheelchair accessible vehicles. The
assessment shall develop benchmarks and suggest grant programs and
incentives to increase the number of wheelchair accessible vehicles. All
Counties subject to this law would then have to implement a wheelchair
accessible vehicle plan that meets the specific benchmarks established
by the department. This shall allow local authorities to establish
policies that improve mobility transportation options for individuals
who are reliant on the use of a wheelchair accessible vehicle.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the Legislative Intent.
Section 2: adds a definition of wheelchair accessible vehicles to the
Vehicle and Traffic Law as a new section 159-b.
Section 3 adds a new section 14-0 to the Transportation Law. The follow-
ing subsections comprise Section 3:
Subsection 1 defines taxicabs and county as they relate to this law.
Subsection 2 establishes the Wheelchair Accessible Vehicle Study that
the Department of Transportation would have to complete and sets guide-
lines on what information would be included in the study.
Subsection 3 establishes the Wheelchair Accessible Vehicle Study Map,
which would include all information compiled in Subsection 2 and exist-
ing County policies, programs, or laws which set guidelines regarding
wheelchair accessible vehicles. The information made in the study map
shall be made available to the public on the Department of Transporta-
tion's website.
Subsection 4 directs the Department of Transportation to develop an
assessment of each County's data to determine if there is an insuffi-
cient number of wheelchair accessible vehicles by use of a benchmark
developed through analysis of U.S. Census Bureau data on the prevalence
of ambulatory disabilities. Such assessment shall also suggest grant
programs or tax incentives to encourage the adoption of wheelchair
accessible vehicles in any given jurisdiction.
Subsection 5 directs the Department of Transportation to review each
County's policies to determine if they are sufficient based on the
benchmark established in subsection 4. If a County has an insufficient
plan or does not have one, then they would be required to submit a new
plan to the Department.
Subsection 6 outlines the timeline for the Wheelchair Vehicle Study Map,
the Department of Transportation's benchmarks, and for each County's
Wheelchair Accessible Vehicle Study to be completed.
Section 4 specifies that for the purpose of this law, the Department of
Transportation would be specifically able to conduct the study and issue
guidelines for municipalities as it relates to wheelchair accessible
vehicles.
Section 5 provides the effective date of the legislation.
 
JUSTIFICATION:
Outside of New York City, which is subject to a Federal Court Order in
Taxis For All Campaign v. Taxi and Limousine Commission requiring the
City to ensure 50% of their taxis are wheelchair accessible vehicles,
there are no uniform Statewide regulations either defining a wheelchair
accessible vehicle, or an outline of substantive information on the
number of wheelchair accessible vehicles which are available across the
State and what would be necessary to provide equal transportation access
to persons who make use of a wheelchair or mobility aid. For example, a
person who uses a wheelchair could get a taxi from JFK Airport to go
home in Nassau County, but then while in Nassau County, such an individ-
ual is unable to access a wheelchair accessible vehicle.
This bill seeks to open a discussion on the provision of wheelchair
accessible vehicles in Counties across New York State by having the
Department of Transportation conduct a study on wheelchair accessibility
vehicles and their availability across New York State besides New York
City. The basis for the exemption is that New York City is subject to a
Federal court order "Taxis For All Campaign v. Taxi and Limousine
Commission". The bill will particularly examine if taxicab companies
possess any wheelchair accessible vehicles, the number of such vehicles,
and any existing County policies which may support the promulgation of
these vehicles. Specifically, the Department of Transportation would be
tasked with conducting a wheelchair accessible vehicle study and to
provide guidance to municipalities on implementing programs or policies
which increase access to wheelchair accessible vehicle transportation.
Such study would be made available to all stakeholders and the public
through a public facing dashboard available on the Department of Trans-
portation's website. Upon completion of the initial study, the Depart-
ment of Transportation shall create benchmarks for Counties to follow to
improve access to wheelchair accessible vehicles. Counties would be
required to submit their policies to the Department, who would then
review them and determine if they match the new wheelchair accessible
vehicle benchmarks based on the findings of the study.
Counties which do not have a plan, or have a plan determined to be
insufficient by the Department would have to create a new plan with the
goal of improving access to wheelchair accessible vehicles across their
jurisdiction.
Through this law, the State would have the knowledge and data to better
provide services to individuals who use a wheelchair or mobility aid by
promoting the use of wheelchair accessible vehicles in municipalities
across the State.
 
PRIOR LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S7611A: 151 transportation law