Bill Text: NY A04384 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to pre-arranged for-hire vehicle transportation services and the maximization of universal design and accessibility by persons with disabilities.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced) 2024-01-03 - referred to transportation [A04384 Detail]
Download: New_York-2023-A04384-Introduced.html
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. LBD05938-01-3A. 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; andA. 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.
