Relates to van accessible handicapped parking

1 Co-sponsor

• George Latimer

BILL NUMBER:S7611

Title of bill

An act to amend the vehicle and traffic law, in relation to van accessible handicapped parking

Purpose

To create Van accessible wheelchair only parking spaces.

Summary of provisions

Amends subdivision 1 of section 1203-c of the vehicle and traffic law, as added by chapter 203 of the laws of 1981.

Justification

Currently under the American's with Disability Act, at least 1 handicap accessible parking space in a parking lot must also be a Van accessible parking spot. In addition, 1 in every 8 handicap accessible spaces must be a Van accessible parking space. For example, if there are 3 handicap accessible parking spaces, 1 most be Van accessible, and if there are 25 handicap accessible parking spaces, 3 must be Van accessible. Van Accessible parking space must be 9 feet wide and have an adjacent access aisle that is 8 feet wide. The 8 foot access aisle is necessary for vans equipped with a wheelchair lift.

Wheelchair users who are operating their wheelchair accessible van need to park in Van accessible parking spaces in order to use the 8 foot access aisle for their wheelchair lift. Often times these Van accessible spots are taken by individuals with handicap placards who are not wheelchair bound and thus, do not need the adjacent access aisle.

When these Van accessible parking spaces are being used, it creates a significant burden on wheelchair bound motorists. Other Handicap spaces and non-handicap spaces do not work because they lack the access aisle for the wheelchair lift.

Although the ADA requires that Van accessible parking spots be provided, it does nothing to prevent non-van handicap vehicles from parking in Van accessible parking spots. This legislation would require that, when a parking lot has 5 or more handicap accessible parking spaces, every van accessible parking space is required to be for Wheelchair users only. This would allow non-wheelchair handicap users plenty of other handicap spaces to use, while preserving Van accessible parking spaces for wheelchair bound users who desperately need these spaces to park.

Legislative history

New Bill

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately