New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter V - Office Of Vocational Rehabilitation
Part 247 - Client Services
Section 247.17 - Transportation services
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 247.17
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Purpose. The purpose of this section is to establish standards for individuals, partnerships or corporations engaged in providing transportation to individuals by motor vehicles which are specially designed and equipped to transport persons with disabilities who do not require emergency care while in transit.
(b) Definitions.
(1) Special transportation carriers mean
vendors who operate motor vehicles which are specially designed and properly
equipped to transport invalid, infirm or disabled persons.
(2) Agency means the Office of Vocational and
Educational Services for Individuals with Disabilities of the New York State
Education Department.
(3)
Nonambulatory individuals mean persons who are restricted to a wheelchair,
stretcher, or similar conveyance for purposes of mobility.
(c) Standards.
(1) Each special transportation carrier shall
comply with 17 NYCRR 720 with regard to motor vehicles with a seating capacity
of not more than 16 passengers and with 17 NYCRR 721 with regard to motor
vehicles with a seating capacity of more than 16 passengers. Each special
transportation carrier shall comply with all applicable provisions of the
Vehicle and Traffic Law, the Regulations of the Commissioner of Motor Vehicles
(15 NYCRR), and relevant laws, ordinances, and regulations of local
application.
(2) In addition to the
requirements of paragraph (1) of this subdivision, the following safety
features are required of all special transportation carriers as specified
below.
(i) All motor vehicles of special
transportation carriers shall be equipped with safety belts for all seating
positions up to the maximum capacity of the vehicle.
(ii) All motor vehicles of special
transportation carriers with a seating capacity of more than one passenger
shall be equipped with an automatic activator device that causes the two front
and two rear directional lights to flash simultaneously upon opening of the
loading door.
(iii) A person who
has successfully completed an American Red Cross standard first aid and
personal safety course or equivalent training shall either operate or be in
attendance in each vehicle when such vehicle is transporting a client of the
agency.
(3) Special
transportation carriers engaged in the transportation of nonambulatory
individuals shall comply with the following requirements in addition to the
standards contained in paragraphs (1) and (2) of this subdivision.
(i) All vehicles used to transport
nonambulatory individuals shall be equipped with permanently mounted wheelchair
and/or other appropriate locking devices equal in number to the maximum number
of spaces in the vehicle designated for nonambulatory individuals. Such
vehicles shall also contain or provide belts or similar restraints to secure
each nonambulatory individual to the wheelchair, stretcher or similar
conveyance.
(ii) All motor vehicles
of special transportation carriers shall provide sufficient headroom to safety
and comfortably accommodate nonambulatory passengers during entrance, egress,
and transport.
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