operates a reduced fare program for seniors (62+), individuals with disabilities, K12 students, and college/vocational students.57 Statewide policy in California regarding TNCs is managed by the California Public Utilities Commission (CPUC). The TNC Access for All Act, which was signed into California state law in September of 2018, requires the CPUC to include “a program relating to accessibility for persons with disabilities” in its regulatory oversight of TNCs.58 The bill aims to increase on-demand mobility access for the disability community by requiring TNCs to provide accessible services for people with disabilities, including those requiring WAVs, through their app-based platforms. Key rules and regulations regarding disability and vehicle accessibility from the initial phases of implementation include the following: • •
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TNCs must allow passengers to indicate whether they require a wheelchairaccessible vehicle or a vehicle otherwise accessible to individuals with disabilities. TNCs are required to provide an annual report to the CPUC Safety and Enforcement Division that includes data on the number and percentage of customers who requested accessible vehicles as well as how often the TNC was able to comply with those requests. TNCs must supply the following documents: an accessibility plan (to be updated annually), a plan for “avoiding the divide between the able and disabled communities,” and a report describing their driver training program.
The CPUC is currently in Phase III of a rulemaking process to further address the accessibility issues raised by the TNC Access for All Act, including consideration of requirements for accessible vehicles.59 In June of 2019, it established the TNC Access for All Fund, which requires TNCs to charge customers a $0.10 per-trip “Access for All Fee.” The resulting funds will be used to improve access to mobility services for riders with disabilities by helping to offset the higher cost of purchasing, operating, maintaining, and insuring WAVs.60 Companies or other entities receiving offset fees must demonstrate the presence and availability of WAVs as well as improved response times through data reporting.
2.3 External Example: New York City At the local level, New York City recently implemented driver caps and performance requirements for ride-hail companies with significant implications for WAV service. New York City has been viewed as a leader in its efforts to increase the supply and availability of WAV for-hire services, first through regulation of the taxicab industry, and more recently through the regulation of TNCs.61 In response to a class-action lawsuit claiming that New York’s low percentage of accessible yellow cab taxis – less than 2 percent of the fleet at the time – was in violation of the ADA, the Taxi and Limousine Commission (TLC) passed a rule
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