Requires safe passenger access to all for-hire vehicles

BILL NUMBER:S5591A

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring safe passenger access to all for-hire vehicles

Purpose or general idea of bill

This bill would require all taxicabs and other for-hire vehicles that are required to be handicap accessible or advertises as accessible to individuals with disabilities and individuals who use wheelchairs to provide side-entry capabilities for those passengers.

Summary of specific provisions

Section 1 amends the vehicle and traffic law to require all taxicabs and livery vehicles in the state that are required by local, state, or federal law or regulation to be handicap accessible, or in any way advertise its services as accessible to individuals with disabilities and individuals who use wheelchairs, to be built as wheelchair accessible by the vehicle's original equipment manufacturer (OEM) and provide side-entry for all passengers.

Paragraph (b) allows converted vehicles to be used as a taxicab or livery vehicle with the approval of the Department of Transportation. The paragraph also requires the submission of crash test and safety data for converted vehicles before the Department can certify a vehicle for use.

Section 2 establishes the effective date and provides that taxicab and livery vehicles already registered with a state or local authority are not affected.

Justification

Wheelchair accessibility in for-hire vehicles is a major issue across the state, and for-hire operators are purchasing and utilizing more "accessible" vehicles to comply with the Americans with Disabilities Act. However, many of these "accessible" vehicles are non-accessible vehicles converted to include a rear-loading ramp for passengers who use wheelchairs. These rear-entry vehicles present a number of problems for individuals with disabilities.

Rear-entry vehicles require the passenger to get out into the middle of the street to board the vehicle. This puts the passenger in harm's way by exposing them to traffic on the street. Requiring loading in the street can also be difficult for passengers in a wheelchair who may have to navigate high curbs.

Rear-entry vehicles pose a safety issue once the passenger is in the car as well. The ramp is usually installed after-market, which means the safety precautions built into the car at manufacture are compromised. A rear-end collision could be catastrophic in one of these vehicles. The ramp used to load the passenger is also often folded in such a way as to place the hard, metal ramp directly behind

the passenger's head, which could be extremely dangerous in the event of a crash.

Finally, rear-entry vehicles can be demoralizing for individuals with disabilities, who must enter through a separate door from their peers, and often must sit physically separated from everyone else in the trunk of the vehicle. This physical separation stigmatizes disability and actively works against the principles of the federal Americans with Disabilities Act.

This bill would require all for-hire vehicles and taxicabs to provide side-entry access for individuals with disabilities and passengers who use wheelchairs. Side-entry allows passengers to safely board the vehicle the same way as everyone else and allows all passengers to sit together safely.

Prior legislative history

New Bill.

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.