Relates to van accessible handicapped parking.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to van accessible handicapped parking
PURPOSE: To create Van accessible wheelchair only parking spaces.
SUMMARY OF PROVISIONS: Amends subdivision 1 of section 1203-c of the vehicle and traffic law, as added by chapter 203 of the laws of 1981.
JUSTIFICATION: Currently under the American's with Disability Act, at least 1 handicap accessible parking space in a parking lot must also be a Van accessible parking spot. In addition, 1 in every 8 handicap accessible spaces must be a Van accessible parking space. For example, if there are 3 handicap accessible parking spaces, 1 most be Van accessible, and if there are 25 handicap accessible parking spaces, 3 must be Van accessible. Van Accessible parking space must be 9 feet wide and have an adjacent access aisle that is 8 feet wide. The 8 foot access aisle is necessary for vans equipped with a wheelchair lift.
Wheelchair users who are operating their wheelchair accessible van need to park in Van accessible parking spaces in order to use the 8 foot access aisle for their wheelchair lift. Often times these Van accessible spots are taken by individuals with handicap placards who are not wheelchair bound and thus, do not need the adjacent access aisle.
When these Van accessible parking spaces are being used, it creates a significant burden on wheelchair bound motorists. Other Handicap spaces and non-handicap spaces do not work because they lack the access aisle for the wheelchair lift.
Although the ADA requires that Van accessible parking spots be provided, it does nothing to prevent non-van handicap vehicles from parking in Van accessible parking spots. This legislation would require that, when a parking lot has 5 or more handicap accessible parking spaces, every van accessible parking space is required to be for Wheelchair users only. This would allow non-wheelchair handicap users plenty of other handicap spaces to use, while preserving Van accessible parking spaces for wheelchair bound users who desperately need these spaces to park.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 7611 IN SENATE May 15, 2014 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to van accessi- ble handicapped parking THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1203-c of the vehicle and traffic law, as added by chapter 203 of the laws of 1981, is amended to read as follows: 1. (A) Any person, firm or corporation owning a shopping center or facility with at least five separate retail stores and at least twenty off street parking spaces which are provided for use by the shopping public must designate as only for the handicapped and clearly mark for use by the handicapped a minimum of five percent of such parking spaces or ten such spaces whichever is less. These spaces must be located as close as reasonably practicable to the shopping center facility and reasonably distributed so as to provide convenient access for use by handicapped drivers. Such parking spaces are to be used either by hand- icapped drivers displaying a special municipal parking permit (as defined in section twelve hundred three-a of this
[chapter]ARTICLE and distributed by the commissioner [of motor vehicles]to local governing bodies to be issued to handicapped persons who reside in such locality) or by motor vehicles registered in accordance with section four hundred four-a of this chapter and being used for the transportation of a hand- icapped person. (B) ONE IN EVERY EIGHT HANDICAP ACCESSIBLE SPACES SHALL BE VAN ACCES- SIBLE. WHERE FIVE OR MORE PARKING SPACES ARE DESIGNATED HANDICAP ACCES- SIBLE, ANY SPACE THAT IS DESIGNATED AS VAN ACCESSIBLE SHALL BE RESERVED FOR WHEELCHAIR USERS ONLY. A VAN ACCESSIBLE PARKING SPACE RESERVED FOR WHEELCHAIR USERS SHALL BE AT LEAST NINE FEET WIDE AND SHALL HAVE AN ADJACENT ACCESS AISLE THAT IS AT LEAST EIGHT FEET WIDE. (C) VAN ACCESSIBLE PARKING SPACES SHALL BE AT LEAST NINE FEET WIDE AND SHALL HAVE AN ADJACENT ACCESS AISLE THAT IS AT LEAST SIX FEET WIDE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15015-01-4 S. 7611 2
(D) AN ACCESS AISLE, AS DESCRIBED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, SHALL BE LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACE EXCEPT THAT TWO ADJACENT ACCESSIBLE PARKING SPACES MAY SHARE A COMMON ACCESS AISLE. (E) A VAN ACCESSIBLE PARKING SPACE SHALL HAVE AN ADDITIONAL SIGN MARKED "VAN ACCESSIBLE" MOUNTED BELOW THE SIGN. A VAN ACCESSIBLE PARKING SPACE RESERVED FOR WHEELCHAIR USERS SHALL HAVE A SIGN THAT INCLUDES THE WORDS "WHEELCHAIR USER ONLY." (F) ACCESSIBLE PARKING SPACES, DECALS AND SIGNS SHALL BE DESIGNED IN COMPLIANCE WITH THE STANDARDS SET FORTH BY THE COMMISSIONER. S 2. This act shall take effect immediately.