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

Current through Register Vol. 46, No. 12, March 20, 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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