A837

An Act concerning the transportation of individuals in wheelchairs and supplementing chapter 3 of Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Paratransit services” means paratransit services as defined in subsection d. of section 3 of P.L.1979, c.150 (C.27:25-3).

“Wheelchair” means a chair or mobility aid device used to increase the independent mobility, in the activities of daily living, of an individual who has limited or no ambulation abilities.

2. Any motor vehicle offering paratransit services transporting persons in wheelchairs shall be equipped with a properly maintained wheelchair securement device in compliance with Federal Motor Vehicle Safety Standards. For each wheelchair securement device provided, a properly maintained passenger seat belt and shoulder harness, complying with all applicable provisions of 49 CFR part 571, shall be provided and used by the wheelchair user. Such seatbelts and shoulder harnesses shall not be used in lieu of the device which secures the wheelchair.

3. The Department of Human Services shall offer biannually a training course in proper wheelchair transportation. The course shall be taught by a qualified trainer and shall include, but need not be limited to, classroom and hands on training in the proper procedure for securing the wheelchair and for securing the occupant with a belt and shoulder harness; proper use of a belt and harness; proper use and maintenance of all safety belts, harnesses, and securement devices; and proper use, operation and maintenance of the vehicle’s lift or loading device.

4. Any owner, operator, company, or other entity, be it for profit or not for profit, that provides transportation of persons in wheelchairs, shall ensure that each employee or volunteer who transports or aids in the transportation of a person in a wheelchair in a motor vehicle offering paratransit services has satisfactorily completed the training course offered by the Department of Human Services pursuant to section 3 of this act or any other training course approved by the Department of Human Services prior to transporting or assisting in the transportation of a person in a wheelchair. In the case of a current employee or current volunteer, the training shall be satisfactorily completed within nine months of the effective date of this act.

5. The owner, operator, company, or other entity, be it for profit or not for profit, shall file with the Department of Human Services, in a manner and form prescribed by the Commissioner of Human Services, annual certification stating that timely and proper training was provided to all employees or volunteers who transport or aid in the transportation of a person in a wheelchair in a motor vehicle offering paratransit services. The filing shall be done within one week of the certification and shall include, but not be limited to, the certified person’s name, date of hire, date of certification or recertification, the name of the trainer, location of the training, and employment start date.

6. The owner, operator, company, or other entity, be it for profit or not for profit, shall maintain on the premises a copy of the certification filed with the Department of Human Services, pursuant to section 5 of this act. A copy of this certification shall be made immediately available for inspection upon request of a member of the public.

7. The owner of any motor vehicle offering paratransit services for transporting persons in wheelchairs shall cause a copy of the certification filed with the Department of Human Services pursuant to section 5 of this act to be in the possession of the driver or operator of the motor vehicle offering paratransit services transporting persons in wheelchairs at all times when the driver or operator is in charge of the motor vehicle on the highways of this State.

The driver or operator shall exhibit the copy of the certification when requested to do so by a police officer, while in performance of the duties of his office.

It shall be a violation of this act for which the owner of the motor vehicle shall be liable if the driver or operator fails to exhibit the copy of the certification to the police officer as required by this section.

The driver or operator of the motor vehicle shall be the owner's agent for service of a summons or other legal process against the owner of such vehicle arising out of any alleged violation of this section.

An owner violating the provisions of this section shall be subject to a fine of not more than $2500 for a first violation, not more than $5,000 for a second violation, and not more than $10,000 for a third or subsequent violation.

8. Failure to comply with the provisions of sections 2 through 6 of this act shall be a violation punishable by a civil penalty of: not more than $2,500 for a first violation, not more than $5,000 for a second violation, and not more than $10,000 for a third or subsequent violation. The civil penalty shall be imposed by the municipal court which has territorial jurisdiction over the violation. Notwithstanding the provisions of this section to the contrary, no driver or operator of a motor vehicle shall be subject to these penalties unless the driver or operator is also the owner of a company subject to the provisions of this act. The penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.).

9. The Department of Human Services shall, within 120 days of the effective date of this act, promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.

10. This act shall take effect on the first day of the sixth month after enactment, but the Department of Human Services and the Administrative Office of the Courts may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires any motor vehicle offering paratransit service transporting persons in wheelchairs to be equipped with a wheelchair securement device and occupant securement device in accord with the federal regulations. The bill further requires that the Department of Human Services biannually offer a training course in proper wheelchair transportation. The training course is to include proper procedure for securing the wheelchair, proper procedure for securing the occupant with a belt and shoulder harness and proper use and operation of the vehicle’s lift or loading device.

“Paratransit services” includes services, other than motorbus regular route service and charter services, including but not limited to, dial-a ride, non regular route, jitney or community minibus, and shared-ride services such as vanpools, limousines or taxicabs which are regularly available to the public.

Under the provisions of this bill, any new employee or volunteer must successfully complete the course offered by or approved by the Department of Human Services prior to transporting or assisting in the transportation of a person in a wheelchair in a motor vehicle offering paratransit services. All current employees will have up to nine months to successfully complete the course. Certification that an employee is properly trained would be both filed with the Department of Human Services and kept on the premises of the business. The certification is to be made immediately available for inspection upon request of a member of the public.

A copy of the certification must be in the possession of the driver or operator when the vehicle is being operated. A copy of the certification in the possession of the driver or operator shall be exhibited to a police officer if so requested. A failure to so possess or exhibit the certification will subject the owner of the motor vehicle to a fine of $2,500 for a first violation, $5,000 for a second violation, and up to $10,000 for a third or subsequent violation.

Other violations under the bill are punishable by a civil penalty of not more than $2,500 for a first violation, not more than $5,000 for a second violation, and not more than $10,000 for a third or subsequent violation. The enforcement action is to be heard by the municipal court having territorial jurisdiction over the violation and the penalty is to be imposed by the court as a civil penalty.