NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10520
SPONSOR: Weprin TITLE OF BILL:
An act to amend the insurance law and the transportation law, in
relation to wheelchair and scooter accessibility for passengers using
transportation network companies, ridesharing, taxi and livery services,
in compliance with the Americans with Disabilities Act and applicable
New York state human and civil rights laws
PURPOSE:
The purpose of this bill is to provide persons with disabilities equal
access to pre-arranged for-hire vehicles under transportation network
companies.
SUMMARY OF PROVISIONS:
Section 1 of this bill adds a new section, 3441, to the insurance law.
TNCs must make 5% of their vehicles disability accessible by the end of
the first year of enactment of this legislation. There must be 15% by
the end of the 2nd year and 25% by the end of the fourth year. There
must be parity in response times for disability accessible and non-ac-
cessible vehicles.
TNCs may not impose additional charges for disability accessible vehi-
cles. Drivers may not refuse transportation based on a disability.
Accessible rides must be provided within the TNC's own network.
TNCs must provide performance information to the Department of Transpor-
tation. TNCs must demonstrate to DOT that they have fulfilled accessi-
bility requirements in order to operate. DOT will create a mechanism to
take in complaints on accessibility issues. TNC drivers will take train-
ing on how to secure passengers with disabilities.
Section 2 amends section 14 of the transportation law by adding two new
subdivisions 36 and 37.
A task force will be established to develop a plan for transition to
accessibility.
Section 3: this act shall be applicable outside of New York City.
Section 4: The Department of Transportation will establish a task force
for taxi and TNC accessibility within two months of the enactment of
this act.
Section 5: This act shall take effect immediately.
JUSTIFICATION:
Transportation is an integral component in enabling people to fully
participate in their communities. It enables people to work, choose
where to live, pursue an education, access health care, worship, shop,
and participate in recreational activities. For New York State residents
with disabilities, the right to fully participate in their communities
and access services is significantly hampered by the current inequities
in New York's transportation network. It is a matter of fairness and in
spirit with the principles and provisions of the Americans with Disabil-
ities Act (ADA) that all residents and visitors to New York State are
afforded equal access to all modes of transportation. The Energy Effi-
ciency Accessible Livery Act creates greater accessibility in pre-ar-
ranged for-hire vehicle transportation service, decreases foreign fuel
dependency, and implements more environmentally sound transportation
through the utilization of universally designed energy-efficient and
alternative fuel pre-arranged for-hire vehicles.
A national study conducted by the U.S. Bureau of Transportation Statis-
tics in 2002 found that 6 million people with disabilities have diffi-
culties obtaining the transportation they need. Four times as many disa-
bled people as nondisabled people lack suitable transportation options
to meet their daily mobility needs. In 2000, a Harris Poll funded by the
National Organization on Disability established that nearly one-third of
people with disabilities report having inadequate access to transporta-
tion. In addition, an aging population means that the demand for
universally accessible transportation will increase. According to the
American Public Transportation Association (APTA), to serve the rapidly
growing portion of Americans older than 65, public transportation will
incur increased operating and capital costs an additional $3.9 billion
annually - by 2030.
For many communities, pre-arranged for-hire vehicles are a fundamental
part of the transportation system. The Community Transportation Associ-
ation of America reports that nearly 40 percent of the country's tran-
sit-dependent population - primarily senior citizens, persons with disa-
bilities, and low-income individuals -reside in rural areas. However, in
many New York rural communities, little to no public transportation
exist, leaving people with disabilities without accessible transporta-
tion since current law does not require private for-hire vehicle compa-
nies to offer universally accessible vehicles. In New York City, an
estimated 60,000 people use wheelchairs, but only 238 of the 13,000
medallion yellow cabs (less than 2%) are able to accommodate passengers
with wheelchairs. Even fewer livery vehicles and limousines are accessi-
ble for customers in wheelchairs. The lack of accessible for hire vehi-
cles currently costs the Medicaid program millions of dollars because
people who use wheelchairs presently have no alternative but to use very
expensive Medicaid funded ambulettes for transportation to medical
appointments. This cost could be dramatically reduced if accessible for
hire vehicles were available. This bill requires that all new taxis and
other for-hire vehicles are wheelchair accessible and be equipped with a
ramp or lift that allows for the safe transport of people who use wheel-
chairs and scooters.
