S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7344
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to pre-arranged
   for-hire vehicle  transportation  services  and  the  maximization  of
   universal design and accessibility by persons with disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Accessible Livery Act".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1220-d to read as follows:
   § 1220-D. UNIVERSAL ACCESSIBILITY IN FOR-HIRE  VEHICLES.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL  MEAN  A  MOTOR  VEHICLE,
 DESIGNED  TO  CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING THE DRIVER),
 THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION
 ON A PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER  A  LICENSE
 OR  PERMIT  ISSUED  BY  A LICENSING JURISDICTION. THE TERM "PRE-ARRANGED
 FOR-HIRE VEHICLE" SHALL APPLY TO VEHICLES AS DEFINED IN  THIS  PARAGRAPH
 REGARDLESS  OF  ANY  OTHER  PROVISION  OF  LOCAL LAW OR RULE DEFINING OR
 DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, TAXI,  BLACK
 CAR, OR LUXURY LIMOUSINE.
   (B)  "PRE-ARRANGED  FOR-HIRE VEHICLE OWNER OR OPERATOR" SHALL MEAN THE
 REGISTERED OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE, OR A DULY  LICENSED
 DRIVER  DESIGNATED  BY  SUCH REGISTERED OWNER OR OPERATOR TO OPERATE THE
 REGISTERED OWNER'S OR OPERATOR'S PRE-ARRANGED FOR-HIRE  VEHICLE  AS  THE
 REGISTERED OWNER'S OR OPERATOR'S AUTHORIZED DESIGNEE.
   (C) "UNIVERSAL DESIGN" OR "UNIVERSALLY DESIGNED" SHALL MEAN THE DESIGN
 OF PRODUCTS AND ENVIRONMENTS TO BE USABLE BY ALL PEOPLE, TO THE GREATEST
 EXTENT POSSIBLE, WITHOUT THE NEED FOR ADAPTATION OR SPECIALIZED DESIGN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11108-01-9

 A. 7344                             2
 
   (D) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (I) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES  ACT  OF  1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
 THEREUNDER;
   (II) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (III) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS  WITH
 HEARING  IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
 SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED;
   (IV) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN:(A)  BRAILLE;  AND
 (B)  LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (V) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A  SERVICE  ANIMAL;
 AND
   (VI) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
 PRIATE  DEVICE  TO  ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
 THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL  GASOLINE-POWERED
 VEHICLE.
   2.  (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR WITH NOT
 MORE THAN TEN FOR-HIRE VEHICLES SHALL:
   (I) PURCHASE OR LEASE AT LEAST ONE UNIVERSALLY DESIGNED AND ACCESSIBLE
 VEHICLE UPON ITS NEXT ACQUISITION OF A VEHICLE AFTER THE FIFTH YEAR FROM
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  NINETEEN
 THAT ADDED THIS SECTION; AND
   (II)  ENSURE  THAT  WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
 PURCHASE, THE AVAILABILITY OF UNIVERSALLY DESIGNED AND ACCESSIBLE  VEHI-
 CLES IS ALSO ADVERTISED.
   (B)  EVERY  PRE-ARRANGED  FOR-HIRE  VEHICLE OWNER OR OPERATOR WITH NOT
 LESS THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
   (I) PURCHASE OR LEASE UNIVERSALLY  DESIGNED  AND  ACCESSIBLE  VEHICLES
 WHEN  ACQUIRING VEHICLES UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET
 IS UNIVERSALLY DESIGNED AND ACCESSIBLE. IN NO  EVENT  SHALL  SUCH  FLEET
 HAVE  LESS THAN TWENTY PERCENT UNIVERSALLY DESIGNED AND ACCESSIBLE VEHI-
 CLES FIVE YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
 TWO THOUSAND NINETEEN THAT ADDED THIS SECTION; AND
   (II)  ENSURE  THAT  WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
 PURCHASE THAT THE AVAILABILITY OF UNIVERSALLY  DESIGNED  AND  ACCESSIBLE
 VEHICLES IS ALSO ADVERTISED.
   (C)  EVERY  PRE-ARRANGED  FOR-HIRE  VEHICLE OWNER OR OPERATOR PROVIDER
 WITH NOT LESS THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
   (I) PURCHASE OR LEASE UNIVERSALLY  DESIGNED  AND  ACCESSIBLE  VEHICLES
 WHEN  ACQUIRING  VEHICLES UNTIL NOT LESS THAN TWENTY-FIVE PERCENT OF THE
 FLEET IS UNIVERSALLY DESIGNED OR ACCESSIBLE. IN  NO  EVENT  SHALL  THEIR
 FLEET HAVE LESS THAN TWENTY-FIVE PERCENT UNIVERSALLY DESIGNED AND ACCES-
 SIBLE  VEHICLES  THREE  YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND NINETEEN THAT ADDED THIS SECTION;
   (II) INCREASE THEIR PERCENTAGE OF UNIVERSALLY DESIGNED AND  ACCESSIBLE
 VEHICLES TO A MINIMUM OF FIFTY PERCENT OF THE FLEET WITHIN FIVE YEARS OF
 THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN
 THAT ADDED THIS SECTION; AND
   (III) ENSURE THAT WHEN ADVERTISING THEIR SERVICES SUBSEQUENT  TO  SUCH
 PURCHASE  THAT  THE  AVAILABILITY OF UNIVERSALLY DESIGNED AND ACCESSIBLE
 VEHICLES IS ALSO ADVERTISED.

 A. 7344                             3
 
   (D) ALL PRE-ARRANGED FOR-HIRE VEHICLE OWNERS AND OPERATORS SHALL MAIN-
 TAIN THE PERCENTAGES OF UNIVERSALLY DESIGNED AND ACCESSIBLE VEHICLES  IN
 THEIR  SERVICE  WHICH,  ACCORDING  TO THEIR SIZE AT ANY GIVEN TIME, THEY
 WOULD HAVE BEEN REQUIRED TO PURCHASE BY THE  SPECIFIED  DEADLINES  UNDER
 SUBPARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
   3.  FAILURE  TO  COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS
 SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE  OF  NOT  LESS
 THAN  FIFTY  DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY
 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  REGISTRATION,  OR  RENEWAL  THEREOF,  UNDER  SECTION  FOUR
 HUNDRED  ONE  OF  THIS  CHAPTER. THE LOCAL AND STATE AUTHORITIES CHARGED
 WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE
 VEHICLES AND SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO  ISSUANCE  OF
 SUCH  PERMIT, LICENSE OR REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect one year after it shall have become  a
 law.