Bill Text: NJ S715 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires private entity primarily engaged in business of providing transportation for passengers in wheelchairs to secure passengers in wheelchairs using four-point securement system and to secure unoccupied wheelchairs.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-05-31 - Substituted by A2036 (1R) [S715 Detail]
Download: New_Jersey-2012-S715-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Weinberg, Gordon and Ruiz
SYNOPSIS
Requires private entity primarily engaged in business of providing transportation for passengers in wheelchairs to secure passengers in wheelchairs using four-point securement system and to secure unoccupied wheelchairs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning wheelchair securement and amending P.L.2008, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2008, c.79 (C.39:3-76.2l) is amended to read as follows:
1. a. The driver of a passenger automobile shall secure or cause to be secured any [wheelchaired] passenger using a wheelchair in a properly adjusted and fastened wheelchair securement and occupant securement device. The securement devices shall be in compliance with Federal Motor Vehicle Safety Standards.
For the purposes of this act, the term "passenger automobile" shall include vans, pick-up trucks, and utility vehicles.
b. A private entity which is primarily engaged in the business of providing transportation for passengers using wheelchairs shall secure or cause to be secured any passenger using a wheelchair using a properly adjusted and fastened four-point securement system. The private entity shall also properly secure any unoccupied wheelchair.
For the purposes of this subsection:
"Four-point securement system" means a complete four-point system that includes four wheelchair restraints to secure a wheelchair to the vehicle floor; occupant securements; a lap and shoulder belt that integrates to the rear wheelchair restraints; and floor anchorages installed in the vehicle floor.
(cf: P.L.2008, c.79, s.1)
2. This act shall take effect on the 365th day next following enactment.
STATEMENT
The bill requires a private entity which is primarily engaged in the business of providing transportation for passengers in wheelchairs to secure, or cause to be secured, any passenger in a wheelchair using a properly adjusted and fastened four-point securement system. A four-point securement system is defined as a complete four-point system that includes: (1) four wheelchair restraints to secure a wheelchair to the vehicle floor; (2) occupant securements; (3) a lap and shoulder belt that integrates to the rear wheelchair restraints; and (4) floor anchorages installed in the vehicle floor. The private entity is also required to secure unoccupied wheelchairs.
Under current law, drivers of passenger automobiles are required to secure, or cause to be secured, any passenger in a wheelchair in a properly adjusted and fastened wheelchair securement and occupant securement device in compliance with Federal Motor Vehicle Safety Standards. Those Federal Motor Vehicle Safety Standards do not require a four-point securement system.
