Provides persons with disabilities with access to prearranged for-hire vehicles

Title of bill

An act to amend the vehicle and traffic law, in relation to access to certain for-hire vehicles and shuttle services by persons with disabilities

Purpose

The purpose of this bill is to provide persons with disabilities access to prearranged for-hire vehicles.

Summary of provisions

Section 1 of this bill adds a new section 1220-d to the vehicle and traffic law. Paragraph one of this new subdivision sets forth definitions to be used in this section. Paragraph two would make every prearranged for-hire vehicle owner or shuttle service provider with no more than ten vehicles advertise and provide accessible transportation upon request and purchase at least one wheelchair accessible vehicle the next time a vehicle is purchased. For companies with more than 10 but less than 100 vehicles, the same would apply for advertising and providing accessible transportation. It would differ for larger companies in the area of purchasing new vehicles. They would have to replace 10 percent of their fleet within three years of the effective date. For even larger companies of more than 100 vehicles, they would have 5 years to replace 20 percent with wheelchair accessible vehicles. Failure to comply with this subdivision would result in a fine of at least $50 and no more than $150 per day from the date of violation until compliance is met. A violation can also result in revocation or denial of licensing or registration.

Justification

When it comes to the provision of private transportation (livery/shuttle services) as it pertains to people with disabilities there is no real comparable requirement such as what is available under the Americans with Disabilities Act (ADA) within new facilities, which must be accessible. The law does not require private transportation providers to ensure wheelchair access in their vehicles and it does not require them to purchase such accessible vehicles. Therefore, citizens with disabilities are, for all practical purposes, being discriminated against by such companies.

It is this gap or oversight within the federal law that this bill is attempting to modify, which will serve to enhance community integration and participation by citizens with disabilities. The availability of such a service will also contribute to the implementation of the 1999 Supreme Court Olmstead decision, as well as provide an inexpensive choice for Medicaid medical service for wheelchair users who, in the present, have no alternative but to use a very expensive ambulance-like service costing the Medicaid program millions of dollars, which could be dramatically reduced if such a service was available.

An integral component of a transportation network in many communities is taxi service. For many people, taxis provide the essential link between home, the community-at-large and other transportation services. However, for people who use wheelchairs this may not be an option unless accessible taxi and shuttle services are available. As the population of this state ages, the demand for transportation services that address the needs of people with disabilities of one kind or another will only increase. Improving the stock of affordable, reliable and, most importantly, accessible transportation models will become more necessary in the coming years.

Legislative history

2008: S.6928 Referred to Transportation

Fiscal implications

None to the State.

Effective date

This act shall take effect on the three hundred and sixty-fifth day after it shall have become a law.