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                                                       PRINTER'S NO. 811

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 730 Session of 1989


        INTRODUCED BY FOX, STABACK, NAHILL, SAURMAN, KOSINSKI, MARKOSEK,
           GODSHALL, TIGUE, CAWLEY, KUKOVICH, RYBAK, PRESTON, WASS,
           GIGLIOTTI, MAIALE, HAYDEN, RITTER, JOSEPHS, HALUSKA, KENNEY,
           SEMMEL, TRELLO, COLAFELLA, E. Z. TAYLOR, MORRIS, GEIST,
           BELARDI, CORRIGAN, VEON, CIVERA, THOMAS, RAYMOND, ANGSTADT,
           LASHINGER, SERAFINI, COHEN, MELIO, BUNT, ITKIN, PETRONE,
           HOWLETT, CORNELL AND J. TAYLOR, MARCH 13, 1989

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 13, 1989

                                     AN ACT

     1  Requiring that railroad stations and subway stops have ramps and
     2     other improvements for handicapped persons and that rolling
     3     stock have certain devices for handicapped persons; and
     4     providing penalties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Statement of purpose.
     8     The purpose of this act is to have fully accessible public
     9  transportation services for all persons with disabilities in
    10  order to guarantee nondiscrimination relating to their mobility
    11  and independence.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Bus."  A motor vehicle designed for carrying more than ten


     1  passengers, exclusive of the driver, other than a taxicab, and
     2  designed and used by a transportation company for the
     3  transportation of persons for compensation.
     4     "Rolling stock."  Buses, trains, trolley cars, subway cars,
     5  vans and similar means of public transportation.
     6     "Transportation company."  A person, firm or corporation
     7  rendering public passenger service in this Commonwealth pursuant
     8  to common carrier authorization from the Pennsylvania Public
     9  Utility Commission or the Interstate Commerce Commission.
    10  Section 3.  Improvements for the handicapped at railroad
    11                 stations and subway stops.
    12     (a)  Ramps.--A transportation company which renders fixed
    13  route public transportation service by rail in this Commonwealth
    14  shall install, at all railroad stations and subway stops and
    15  entrances thereto, such ramps and other improvements as may be
    16  necessary to make the stations and stops accessible to
    17  handicapped persons in wheelchairs and other persons who may
    18  have difficulty negotiating stairs.
    19     (b)  Bridge plates.--Trains and subway cars shall be equipped
    20  with a sufficient number of bridge plates for use between the
    21  cars and platforms by persons in wheelchairs.
    22  Section 4.  Electrical lifts on buses and trolleys.
    23     All buses and trolley cars purchased or placed into operation
    24  by transportation companies for the first time after the
    25  effective date of this act shall be equipped with front door
    26  electrical lifts for wheelchairs. All new and existing lifts
    27  shall be properly maintained and functional for the life of the
    28  vehicle.
    29  Section 5.  Tie-downs on buses, trains and subway cars.
    30     Transportation companies shall equip buses, train passenger
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     1  cars and subway passenger cars with a sufficient number of tie-
     2  downs to accommodate persons in all types of wheelchairs. Tie-
     3  down devices shall accommodate a minimum of 10% of the available
     4  seating space.
     5  Section 6.  Specifications.
     6     The Department of Transportation, in consultation with an 11-
     7  member advisory committee appointed by the Governor, composed of
     8  knowledgeable disabled persons with a variety of disabilities
     9  and representatives of organizations serving such persons, shall
    10  prepare design specifications for the ramps, platform plates,
    11  electrical lifts and tie-downs required by this act and make the
    12  specifications available to transportation companies.
    13  Section 7.  Enforcement.
    14     The Department of Transportation shall be responsible for the
    15  enforcement of this act.
    16  Section 8.  Variance or exemption.
    17     The Department of Transportation may grant a temporary one-
    18  time variance, not to exceed six months in duration, or
    19  exemptions from the provisions of this act if its enforcement
    20  would impose undue hardship on the transportation company and if
    21  the variance or exemptions would not have a material adverse
    22  effect on handicapped persons.
    23  Section 9.  Operator compliance.
    24     Transportation companies shall conduct and require their
    25  operators to complete a training course to teach the operators
    26  to respect the rights of disabled passengers regarding courtesy,
    27  sensitivity and the proper operation of all rolling stock
    28  facilities and services.
    29  Section 10.  Passenger compliance.
    30     A passenger who is not disabled who occupies a seat on
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     1  rolling stock reserved for the disabled commits a summary
     2  offense.
     3  Section 11.  Effective date.
     4     This act shall take effect in six months.


















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