Provides for assistance to disabled drivers at gas stations

BILL NUMBER:S2837

Title of bill

An act to amend the general business law, in relation to providing gas station assistance to disabled motorists

Purpose or general idea of bill

This bill will provide a disabled motorist that has physical disabilities with an opportunity to receive assistance when filling his or her gas tank at a self service gas station.

Summary of specific provisions

This bill would amend Section Subdivision 2 and 3 of section 396-bb of the general business law and renumber it to 3 and 4. A new subdivision 2 is added to include the following:

Section 2. a. Any gasoline station offering the public sale of gasoline at self-service islands shall provide a minimum of one self-service island device that allows a disabled person parked at that station in a vehicle, displaying a disabled license plate issued by New York State or a valid disabled license Plate issued by any other state, to signal an employee that the driver requires assistance in dispensing motor fuel. An attendant will then arrive to dispense motor fuel at no additional cost beyond the price that the fuel is being offered to the general public. A device shall be installed that alerts the employee inside the building that assistance is required at the pump, and shall be mounted between thirty-four and forty-eight inches from the ground. A sign shall be conspicuously posted at the self-service station that meets the American Disability Act Accessibility Guidelines identifying the call device and the hours when assistance will be available and operable from the vehicle.

b. The gasoline station will not be required to provide this service during times when the fueling station is being operated on a remote control basis by only one employee and a passenger in that vehicle is reasonably capable of dispensing motor fuel. Paragraph a of this subdivision shall not apply to gasoline stations that are operated by one cashier and remote control equipment for dispensing motor fuel.

c. If an owner owns only one gasoline station in New York State, then that gas station must be in compliance within one year of the effective dates of this subdivision. If an owner owns more than one gasoline Station in New York state then the owner must make at least fifty percent of those gasoline stations compliance. If an owner owns more than one gas station in New York State then the owner must make at least fifty percent of those gas stations compliant with this subdivision within one year of the effective date of this subdivision. In either case the owner must be in compliance within three years of the effective date of this subdivision.

This act shall take effect immediately.

Justification

This bill meets a need for thousands of disabled motorist traveling in New York State and makes gas stations more compliant with the spirit and law of the Americans with Disabilities Act.

Prior legislative history

2011-12: S.3507/A.9482 - Referred to consumer Protection/Referred to Eco. Dev. 2009-2010: S.6886 - Died in Consumer Protection 2009-2010: A.9435 - Died.in Economic Development

Fiscal implications

None.

Effective date

This act shall take effect immediately after passage of bill.