NY State Senate Bill 2015-S4482A

Senate Bill S4482A

2015-2016 Legislative Session

Relates to requiring all for-hire vehicles to comply with vehicle accessibility requirements

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2016	print number 4482a
Apr 13, 2016	amend and recommit to cities
Jan 06, 2016	referred to cities
Mar 24, 2015	referred to cities

Bill Amendments

Original

A (Active)

2015-S4482 - Details

See Assembly Version of this Bill:: A7203
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§19-502 & 19-506, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1879, A5932
2019-2020: A2142
2021-2022: A6066

2015-S4482 - Summary

Relates to requiring all for-hire vehicles to comply with vehicle accessibility requirements; defines accessible vehicle and for-hire vehicle base station; requires a portion of for-hire vehicles affiliated with a for-hire vehicle base station be dedicated to be accessible vehicles; requires that by 2021 50% of such for-hire vehicles of 100 or more affiliated with a for-hire vehicle base station be accessible vehicles

2015-S4482 - Sponsor Memo

                                 BILL NUMBER:  S4482

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to for-hire vehicles; and providing for the repeal of such
provisions upon expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

To establish uniformity in regulations related to wheelchair
accessibility requirement for all for-hire vehicles in New York City.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivisions u and v of section 19-502 of the
administrative code of the city of New York, as added by local law
number 51 of the city of new York for the year 1996, by amending the
definitions of "black car" and "luxury limousine" as defined by these
respective sections to include such vehicles that "and/or are covered
by the New York black car operators' injury compensation fund, inc.
pursuant to section one hundred sixty-dd of the executive law."

Section 2 amends section 10-506 of the administrative code of the city
of New York by adding a new subdivision n to establish similar
requirements found in section 19-534 of the administrative code of the

city of New York that set forth accessibility requirements so that
accessibility requirements apply to all for hire vehicles as defined
in section 1.

Section 3 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

Currently the taxi cab and street hail livery industries in New York
City are proceeding with an historic mandate that 50% off all vehicles
in the five boroughs need to be wheelchair accessible by 2020. In an
effort to protect and ensure the significant strides being made to
ease and accommodate the transportation needs of the handicapped and
physically disabled members of the New York City communities, the
proposed bill seeks to apply these forward thinking requirements to
all for-hire vehicles operating in New York City. In an effort to
protect small business operating vehicle fleets of limited size, the
proposed bill affects only fleet sizes of 1,200 or more for-hire
vehicles.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4482 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4482

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  for-hire  vehicles; and providing for the repeal of such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions u and v of section 19-502 of the administra-
tive code of the city of New York, as added by local law  number  51  of
the city of New York for the year 1996, are amended to read as follows:
  u.  "Black  car"  means  a  for-hire vehicle dispatched from a central
facility whose owner holds a franchise from  the  corporation  or  other
business entity which operates such central facility, or who is a member
of a cooperative that operates such central facility, where such central
facility  has  certified to the satisfaction of the commission that more
than ninety percent of the central facility's for-hire business is on  a
payment  basis  other  than  direct  cash  payment by a passenger AND/OR
COVERED BY THE NEW YORK BLACK CAR OPERATORS' INJURY  COMPENSATION  FUND,
INC.  PURSUANT TO SECTION ONE HUNDRED SIXTY-DD OF THE EXECUTIVE LAW.
  v.  "Luxury  limousine"  means  a for-hire vehicle which is dispatched
from a central facility which has certified to the satisfaction  of  the
commission  that more than ninety percent of its for-hire business is on
a payment basis other than direct cash payment by a passenger, for which
there is maintained personal injury insurance coverage of no  less  than
five  hundred  thousand dollars per accident where one person is injured
and one million dollars per accident for all  persons  injured  in  that
same  accident,  whose  passengers are charged on the basis of garage to
garage service and on a flat rate basis or per unit of time  or  mileage
AND/OR  COVERED BY THE NEW YORK BLACK CAR OPERATORS' INJURY COMPENSATION
FUND, INC.  PURSUANT TO SECTION ONE HUNDRED SIXTY-DD  OF  THE  EXECUTIVE
LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08732-04-5

S. 4482                             2

  S 2. Section 19-506 of the administrative code of the city of New York
is amended by adding a new subdivision n to read as follows:
  N. 1. FOR THE PURPOSES OF THIS SUBDIVISION:
  (A)  "ACCESSIBLE  VEHICLE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
SECTION 19-534 OF THIS CHAPTER.
  (B) "FOR-HIRE VEHICLE BASE STATION" SHALL MEAN A  COMMISSION  LICENSED
BASE  WITH  A  LICENSE BASE NUMBER THAT MANAGES, ORGANIZES OR DISPATCHES
ANY FOR-HIRE VEHICLE.
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION:
  (A) ANY VEHICLE TO BE NEWLY PLACED INTO SERVICE AS A FOR-HIRE  VEHICLE
AFFILIATED  WITH  A  FOR-HIRE VEHICLE BASE STATION TO WHICH ONE THOUSAND
TWO HUNDRED OR MORE FOR-HIRE VEHICLES ARE AFFILIATED, MUST BE AN  ACCES-
SIBLE  VEHICLE  UNTIL SUCH TIME AS THE PROVISIONS OF SUBPARAGRAPH (C) OF
THIS PARAGRAPH ARE SATISFIED.
  (B) EACH FOR-HIRE VEHICLE BASE  STATION  TO  WHICH  ONE  THOUSAND  TWO
HUNDRED  OR  MORE  FOR-HIRE  VEHICLES ARE AFFILIATED, SHALL HAVE NO MORE
THAN NINETY DAYS TO BEGIN TO CONVERT ITS  AFFILIATED  VEHICLES  THAT  IT
REPLACES  OR  RETIRES  TO  ACCESSIBLE VEHICLES UNTIL FIVE PERCENT OF ITS
AFFILIATED VEHICLES ARE ACCESSIBLE VEHICLES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (B) OF  THIS  PARA-
GRAPH, BY JANUARY FIRST, TWO THOUSAND SIXTEEN ALL FOR-HIRE VEHICLES BASE
STATIONS  TO  WHICH ONE THOUSAND TWO HUNDRED OR MORE VEHICLES ARE AFFIL-
IATED SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY, CONVERT  ITS  AFFIL-
IATED  VEHICLES  TO  ACCESSIBLE VEHICLES UNTIL AT LEAST FIFTY PERCENT OF
ALL SUCH VEHICLES ARE ACCESSIBLE VEHICLES.
  NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  FOR-HIRE
VEHICLE BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED OR MORE VEHICLES
ARE  AFFILIATED  MUST  SUBMIT  A  PLAN WHICH SHALL INCLUDE A SCHEDULE TO
COMPLY WITH THIS SUBDIVISION, FOR THE APPROVAL OF THE COMMISSION.
  (D) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A  MORATORIUM
IS  HEREBY  PLACED  ON  THE  LICENSING  OF ANY NEW FOR-HIRE VEHICLE BASE
STATION OR FOR-HIRE VEHICLE PROVIDED, HOWEVER, THAT A  FOR-HIRE  VEHICLE
BASE  STATION  WITH FEWER THAN ONE THOUSAND TWO HUNDRED AFFILIATED VEHI-
CLES MAY ADD AFFILIATED VEHICLES UNTIL SUCH BASE HAS AN ADDITIONAL TWEN-
TY PERCENT OF THE NUMBER OF AFFILIATED VEHICLES IT HAD ON THE  EFFECTIVE
DATE  OF THIS SUBDIVISION IF AN ENVIRONMENTAL IMPACT STATEMENT CONDUCTED
BY THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION  FINDS  THAT
ADDING SUCH NEW VEHICLES WILL NOT NEGATIVELY AFFECT THE ENVIRONMENT.
  3.  FAILURE  TO  COMPLY  WITH  THE PROVISIONS OF PARAGRAPH TWO OF THIS
SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY  A  FINE  OF  NOT
LESS  THAN FIFTY DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER
DAY PER CAR FROM THE DATE A  VIOLATION  OCCURRED  UNTIL  THE  DATE  SUCH
VIOLATION  IS  CURED.  A VIOLATION MAY ALSO BE GROUNDS FOR REVOCATION OR
DENIAL OF LICENSING, OR RENEWAL THEREOF, UNDER THIS CHAPTER.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after it shall have become a law.

2015-S4482A (ACTIVE) - Details

See Assembly Version of this Bill:: A7203
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§19-502 & 19-506, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1879, A5932
2019-2020: A2142
2021-2022: A6066

2015-S4482A (ACTIVE) - Summary

2015-S4482A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4482A

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to for-hire vehicles; and providing for the
repeal of such provisions upon expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

To establish uniformity in regulations related to wheelchair
accessibility requirement for all for-hire vehicles in New York City.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivisions u and v of section 19-502 of the
administrative code of the city of New York, as added by local law
number 51 of the city of new York for the year 1996, by amending the
definitions of "black car" and "luxury limousine" as defined by these
respective sections to include such vehicles that "and/or are covered
by the New York black car operators' injury compensation fund, inc.
pursuant to section one hundred sixty-dd of the executive law."

Section 2 amends section 10-506 of the administrative code of the city
of New York by adding a new subdivision n to establish similar
requirements found in section 19-534 of the administrative code of the
city of New York that set forth accessibility requirements so that
accessibility requirements apply to all for hire vehicles as defined

in section 1.

Section 3 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

Currently the taxi cab and street hail livery industries in New York
City are proceeding with an historic mandate that 50% off all vehicles
in the five boroughs need to be wheelchair accessible by 2020. In an
effort to protect and ensure the significant strides being made to
ease and accommodate the transportation needs of the handicapped and
physically disabled members of the New York City communities, the
proposed bill seeks to apply these forward thinking requirements to
all for-hire vehicles operating in New York City. In an effort to
protect small business operating vehicle fleets of limited size, the
proposed bill affects only fleet sizes of 1,200 or more for-hire
vehicles.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4482A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4482--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to for-hire vehicles; and providing for the  repeal  of  such
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions u and v of section 19-502 of  the  administra-
tive  code  of  the city of New York, as added by local law number 51 of
the city of New York for the year 1996, are amended to read as follows:
  u. "Black car" means a for-hire  vehicle  dispatched  from  a  central
facility  whose  owner  holds  a franchise from the corporation or other
business entity which operates such central facility, or who is a member
of a cooperative that operates such central facility, where such central
facility has certified to the satisfaction of the commission  that  more
than  ninety percent of the central facility's for-hire business is on a
payment basis other than direct  cash  payment  by  a  passenger  AND/OR
COVERED  BY  THE NEW YORK BLACK CAR OPERATORS' INJURY COMPENSATION FUND,
INC.  PURSUANT TO SECTION ONE HUNDRED SIXTY-DD OF THE EXECUTIVE LAW.
  v. "Luxury limousine" means a for-hire  vehicle  which  is  dispatched
from  a  central facility which has certified to the satisfaction of the
commission that more than ninety percent of its for-hire business is  on
a payment basis other than direct cash payment by a passenger, for which
there  is  maintained personal injury insurance coverage of no less than
five hundred thousand dollars per accident where one person  is  injured
and  one  million  dollars  per accident for all persons injured in that
same accident, whose passengers are charged on the basis  of  garage  to
garage  service  and on a flat rate basis or per unit of time or mileage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08732-05-6

S. 4482--A                          2

AND/OR COVERED BY THE NEW YORK BLACK CAR OPERATORS' INJURY  COMPENSATION
FUND,  INC.    PURSUANT TO SECTION ONE HUNDRED SIXTY-DD OF THE EXECUTIVE
LAW.
  S 2. Section 19-506 of the administrative code of the city of New York
is amended by adding a new subdivision n to read as follows:
  N. 1. FOR THE PURPOSES OF THIS SUBDIVISION:
  (A)  "ACCESSIBLE  VEHICLE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
SECTION 19-534 OF THIS CHAPTER.
  (B) "FOR-HIRE VEHICLE BASE STATION" SHALL MEAN A  COMMISSION  LICENSED
BASE  WITH  A  LICENSE BASE NUMBER THAT MANAGES, ORGANIZES OR DISPATCHES
ANY FOR-HIRE VEHICLE.
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION:
  (A) ANY VEHICLE TO BE NEWLY PLACED INTO SERVICE AS A FOR-HIRE  VEHICLE
AFFILIATED  WITH  A  FOR-HIRE VEHICLE BASE STATION TO WHICH ONE THOUSAND
TWO HUNDRED OR MORE FOR-HIRE VEHICLES ARE AFFILIATED, MUST BE AN  ACCES-
SIBLE  VEHICLE  UNTIL SUCH TIME AS THE PROVISIONS OF SUBPARAGRAPH (C) OF
THIS PARAGRAPH ARE SATISFIED.
  (B) EACH FOR-HIRE VEHICLE BASE  STATION  TO  WHICH  ONE  THOUSAND  TWO
HUNDRED  OR  MORE  FOR-HIRE  VEHICLES ARE AFFILIATED, SHALL HAVE NO MORE
THAN NINETY DAYS TO BEGIN TO CONVERT ITS  AFFILIATED  VEHICLES  THAT  IT
REPLACES  OR  RETIRES  TO  ACCESSIBLE VEHICLES UNTIL FIVE PERCENT OF ITS
AFFILIATED VEHICLES ARE ACCESSIBLE VEHICLES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (B) OF  THIS  PARA-
GRAPH,  BY  JANUARY  FIRST, TWO THOUSAND SEVENTEEN ALL FOR-HIRE VEHICLES
BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED  OR  MORE  VEHICLES  ARE
AFFILIATED SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE, CONVERT ITS
AFFILIATED  VEHICLES TO ACCESSIBLE VEHICLES UNTIL AT LEAST FIFTY PERCENT
OF ALL SUCH VEHICLES ARE ACCESSIBLE VEHICLES.
  NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  FOR-HIRE
VEHICLE BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED OR MORE VEHICLES
ARE  AFFILIATED  MUST  SUBMIT  A  PLAN WHICH SHALL INCLUDE A SCHEDULE TO
COMPLY WITH THIS SUBDIVISION, FOR THE APPROVAL OF THE COMMISSION.
  (D) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A  MORATORIUM
IS  HEREBY  PLACED  ON  THE  LICENSING  OF ANY NEW FOR-HIRE VEHICLE BASE
STATION OR FOR-HIRE VEHICLE PROVIDED, HOWEVER, THAT A  FOR-HIRE  VEHICLE
BASE  STATION  WITH FEWER THAN ONE THOUSAND TWO HUNDRED AFFILIATED VEHI-
CLES MAY ADD AFFILIATED VEHICLES UNTIL SUCH BASE HAS AN ADDITIONAL TWEN-
TY PERCENT OF THE NUMBER OF AFFILIATED VEHICLES IT HAD ON THE  EFFECTIVE
DATE  OF THIS SUBDIVISION IF AN ENVIRONMENTAL IMPACT STATEMENT CONDUCTED
BY THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION  FINDS  THAT
ADDING SUCH NEW VEHICLES WILL NOT NEGATIVELY AFFECT THE ENVIRONMENT.
  3.  FAILURE  TO  COMPLY  WITH  THE PROVISIONS OF PARAGRAPH TWO OF THIS
SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY  A  FINE  OF  NOT
LESS  THAN FIFTY DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER
DAY PER CAR FROM THE DATE A  VIOLATION  OCCURRED  UNTIL  THE  DATE  SUCH
VIOLATION  IS  CURED.  A VIOLATION MAY ALSO BE GROUNDS FOR REVOCATION OR
DENIAL OF LICENSING, OR RENEWAL THEREOF, UNDER THIS CHAPTER.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after it shall have become a law.

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