Directs the department of transportation to conduct a study of the availability of wheelchair accessible vehicles, by county, in New York state outside of the city of New York; defines accessibility; requires a report to identify any existing local guidelines for accessible vehicles; directs development of benchmarks for increasing wheelchair accessible vehicles.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8872
SPONSOR: Solages TITLE OF BILL:
An act to amend the transportation law, in relation to a study of the
availability of wheelchair accessible vehicles in New York state outside
of the city of New York
PURPOSE::
To direct the Department of Transportation to conduct a comprehensive
study on the availability and access to wheelchair accessible vehicles
available as taxicabs in all Counties across New York State outside of
New York City. Following the completion of the study, the Department of
Transportation shall develop guidelines for Counties to implement to
increase the number of wheelchair accessible vehicles, including the use
of tax incentives or grant funding. All Counties subject to this law
would then have to work with or create local Disability Task Forces or
Advisory Council in order to implement a wheelchair accessible vehicle
plan that meets the Department of Transportation's benchmarks.
SUMMARY::
Section 1 provides the Legislative Intent.
Section 2 adds a new section 14-0 to the Transportation Law. The follow-
ing subsections comprise Section 2:
Subsection 1 defines and sets guidelines for what would be considered a
wheelchair accessible vehicle and also defines taxicab and county as
they relate to this law.
Subsection 2 establishes the Wheelchair Accessible Vehicle Study that
the Department of Transportation would have to complete and sets guide-
lines on what information would be included in the study.
Subsection 3 establishes the Wheelchair Accessible Vehicle Study Map,
which would include all information compiled in Subsection 2 and exist-
ing County policies, programs, or laws which set guidelines regarding
wheelchair accessible vehicles. The information made in the study map
shall be made available to the public on the Department of Transporta-
tion's website.
Subsection 4 directs the Department of Transportation to develop an
assessment of each County's data to determine if there is an insuffi-
cient number of wheelchair accessible vehicles by use of a benchmark
developed through analysis of U.S. Census Bureau data on the prevalence
of ambulatory disabilities. Such assessment shall also suggest grant
programs or tax incentives to encourage the adoption of wheelchair
accessible vehicles in any given jurisdiction.
Subsection 5 directs the Department of Transportation to review each
County's policies to determine if they are sufficient based on the
benchmark established in subsection 4. If a County has an insufficient
plan or does not have one, then they would be required to submit a plan
to the Department.
Subsection 6 outlines the timeline for the Wheelchair Vehicle Study Map,
the Department of Transportation's benchmarks, and for each County's
Wheelchair Accessible Vehicle Study to be completed.
Section 3 provides the effective date of the legislation.
JUSTIFICATION:
Outside of New York City, which is subject to a Federal Court Order in
Taxis For All Campaign v. Taxi and Limousine Commission requiring the
City to ensure 50% of their taxis are wheelchair accessible vehicles,
there are no uniform Statewide regulations either defining a wheelchair
accessible vehicle, or an outline of substantive information on the
number of wheelchair accessible vehicles which are available across the
State and what would be necessary to provide equal transportation access
to persons who make use of a wheelchair or mobility aid. For example, a
person who uses a wheelchair could get a taxi from JFK Airport to go
home in Nassau County, but then while in Nassau County, such an individ-
ual is unable to access a wheelchair accessible vehicle.
This bill seeks to open a discussion on the provision of wheelchair
accessible vehicles in Counties across New York State by having the
department of Transportation conduct a study on wheelchair accessibility
vehicles and their availability across New York State besides New York
City, the basis for the exemption is that New York City is subject to a
Federal court order "Taxis For All Campaign v. Taxi and Limousine
Commission". The bill will particularly examine if taxicab companies
possess any wheelchair accessible vehicles, the number of such vehicles,
and any existing County policies which may support the promulgation of
these vehicles.
Such study would be made available to all stakeholders and the public
through a public facing dashboard available on the Department of Trans-
portation's website and upon completion of the initial study, the
Department of Transportation shall create a series of benchmarks for
Counties to follow to improve access to wheelchair accessible vehicles.
Counties would be required to submit their policies to the Department,
who would then review them and determine if they match the new wheel-
chair accessible vehicle benchmarks based on the findings of the study.
Counties which do not have a plan, or have a plan determined to be
insufficient by the Department would have to create a new plan with the
goal of improving access to wheelchair accessible vehicles across their
jurisdiction.
Through this law, the State would have the knowledge and data to better
provide services to individuals who use a wheelchair or mobility aid,
and could create dedicated programs and policies which could be imple-
mented in Counties across the State as to improve transportation access
for the disabled community
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
TBD.
EFFECTIVE DATE::
This act shall take effect on the ninetieth day after it shall have
become a law.
