2013 -- H 5819 SUBSTITUTE A

=======

LC01663/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - PARKING FACILITIES AND

PRIVILEGES

     

     

     Introduced By: Representatives Malik, Marcello, Azzinaro, Gallison, and Corvese

     Date Introduced: February 28, 2013

     Referred To: House Health, Education & Welfare

(Revenue)

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-28-7 of the General Laws in Chapter 31-28 entitled "Parking

1-2

Facilities and Privileges" is hereby amended to read as follows:

1-3

     31-28-7. Motor vehicle plates for persons with disabilities -- Entitlement --

1-4

Designated parking spaces -- Violations. -- (a) Persons, as defined in subsection (h) of this

1-5

section, upon application and proof of permanent or long-term disability to the division of motor

1-6

vehicles, shall be issued one motor vehicle disability parking privilege placard or in the case of a

1-7

motorcycle, one motor vehicle sticker, of blue which shall be imprinted with the white

1-8

international symbol of access, certificate number, the words "Rhode Island Disability Parking

1-9

Permit" and shall bear the expiration date upon its face. A placard or motorcycle sticker issued to

1-10

a person whose disability is temporary shall be substantially similar to that issued to a person with

1-11

a permanent or long term disability. The temporary placard, however, shall be a red placard with

1-12

a white international symbol of access, certificate number, the words "Rhode Island Disability

1-13

Parking Permit" and shall bear the expiration dates upon its face. Persons issued a placard or

1-14

motorcycle sticker pursuant to this section shall be entitled to the immunities of sections 31-28-4

1-15

and 31-28-6. The placard shall conform to the Uniform Parking System for Disabled Drivers

1-16

standard issued by the United States Department of Transportation. If an application for a placard

1-17

or motorcycle sticker is denied, the division of motor vehicles shall promptly notify the applicant

1-18

in writing, stating the specific reason(s) for the denial, and advising the applicant of the

1-19

procedures for requesting a hearing to appeal the denial. Prior to the appeal hearing, the applicant

2-1

shall be provided with any and all documents relied upon by the division in denying the

2-2

application. If an application contains a physician certification that the applicant is sufficiently

2-3

disabled to require a placard or motorcycle sticker, and the division has not provided specific

2-4

reasons in its denial letter to the applicant, the hearing officer shall summarily order that a placard

2-5

or motorcycle sticker be provided to the applicant. At all other hearings of application denials

2-6

where a physician certification has been provided, the division shall bear the burden of proof that

2-7

the individual is not entitled to a placard or motorcycle sticker pursuant to this chapter.

2-8

      (b) A placard issued pursuant to this section shall be portable and used only when the

2-9

person is being transported. The placard is to be hung from the rear view mirror so as to be seen

2-10

through the front or rear windshield of the motor vehicle. A placard may be issued to a person

2-11

with a disability who does not own a motor vehicle, to be used only when he or she is being

2-12

transported. A motorcycle sticker issued pursuant to this section shall not be portable and shall be

2-13

affixed to the rear plate of the motorcycle.

2-14

      (c)(1) The certificate of entitlement to the placard or motorcycle sticker shall be renewed

2-15

every three (3) six (6) years for individuals with a long-term disability, as defined in subsection

2-16

(d)(h) of this section, and the renewal application shall require a physician's certification that the

2-17

condition has not changed since the previous approval, and three (3) six (6) years for individuals

2-18

with a permanent disability as defined in subsection (h) of this section, in accordance with a

2-19

schedule prepared by the division of motor vehicles that uses the last name of an individual to

2-20

determine the month of renewal. If an application or subsequent renewal is accompanied by a

2-21

physician's certification that the applicant's condition is a chronic, permanent impairment and that

2-22

application is approved, then any subsequent renewal shall be authorized upon receipt of a

2-23

notarized affidavit from the applicant or applicant's, guardian or legal representative or a

2-24

certificate from the applicant's physician that his or her condition has not changed since the

2-25

previous approval.

2-26

      (2) The certificate of entitlement to the placard or motorcycle sticker shall be covered

2-27

with plastic or similar material. The applicant shall, upon timely renewal, receive a sticker

2-28

bearing the expiration date of the certificate of entitlement to be affixed across the expiration date

2-29

of the disability parking privilege placard or in the case of a motorcycle the applicant shall

2-30

receive a new motorcycle sticker. The division of motor vehicles shall establish rules and

2-31

regulations allowing for the renewal of the certificates of entitlement by mail.

2-32

      (3) Whenever the division of motor vehicles proposes to suspend, revoke or fail to renew

2-33

the certificate of entitlement for noncompliance with the requirements of this section or for

2-34

violation of subsection (h) of this section, the individual shall first be entitled to a hearing before

3-1

the division of motor vehicles to contest the proposed action. At the hearing, the division of motor

3-2

vehicles shall bear the burden of proof that the individual is not entitled to the placard or

3-3

motorcycle sticker pursuant to this chapter. There shall be no renewal fee charged for the placards

3-4

or motorcycle sticker. The division of motor vehicles shall be authorized to issue a temporary

3-5

disability parking privilege placard or motorcycle sticker immediately upon receipt of an

3-6

application for individuals with a temporary impairment, as defined in subsection (h) of this

3-7

section. A temporary placard or motorcycle sticker shall be valid for sixty (60) days from the date

3-8

of issuance. Temporary placards or motorcycle stickers may be renewed for a period of one year

3-9

or less, as determined by the medical advisory board upon application if the disability persists.

3-10

The division of motor vehicles shall subsequently review the applications in accordance with the

3-11

procedures currently in effect as to applications from persons whose disability is long term. Any

3-12

issuance which, after subsequent review, shall be found to be inappropriate shall be revoked and

3-13

notice of the revocation shall be sent to the applicant.

3-14

      (d) A person, other than a person with a disability, who for his or her own purposes uses

3-15

the parking privilege placard, shall be fined five hundred dollars ($500) for each violation. A

3-16

person issued a special placard who uses the placard after expiration, or who shall allow

3-17

unauthorized use of the disability parking placard or sticker, may be subject to immediate

3-18

revocation of the use of the placard by the division of motor vehicles, and subject to a fine of five

3-19

hundred dollars ($500).

3-20

      (e) Disability parking spaces shall be designated and identified by the posting of signs

3-21

above ground level incorporating the international symbol of access of white on blue, and the

3-22

words "Handicapped Parking", "Disability Parking," "Disabled Parking," or "Reserved Parking"

3-23

at each space, at both ends of a row or series of adjacent disability parking spaces, or at the

3-24

entrance to a parking lot restricted to only disability parking.

3-25

      (f) A person, other than a person issued a special placard or motorcycle sticker pursuant

3-26

to this section, who parks a vehicle in a parking space designated for persons with disabilities,

3-27

shall be fined: (1) one hundred dollars ($100) for a first violation, (2) one hundred seventy-five

3-28

dollars ($175) for a second violation, and (3) three hundred twenty-five dollars ($325) for a third

3-29

or subsequent violation. The vehicle may be subject to towing at the owner's expense. Provided

3-30

further, that it shall not be unlawful for a person to park a vehicle in a space designated for person

3-31

with disabilities if that person is transporting a person who has been issued a special placard and

3-32

is properly displaying the placard on the vehicle.

3-33

      (g) Enforcement of the parking provisions of this section shall be enforced by the local

3-34

or state authorities on public or private property when the location of the parking spaces is within

4-1

the purview of the State Building Code, chapter 27.3 of title 23.

4-2

      (h) Definitions. - For the purpose of this section:

4-3

      (1) "Disabled" or "disability" means a permanent or long-term impairment which

4-4

prevents or impedes walking, which shall include but not be limited to: (i) an impairment which

4-5

prevents walking and requires use of a wheelchair; (ii) an impairment which involuntarily causes

4-6

difficulty or insecurity in walking or climbing stairs with or without the need to use braces,

4-7

crutches, canes or artificial support; (iii) an impairment caused by amputation, arthritis, blindness

4-8

(including legally blind), or orthopedic condition; (iv) an impairment in respiratory, circulatory,

4-9

or neurological health which limits the person's walking capability; or (v) disabled veteran,

4-10

pursuant to section 31-6-8 after certification of eligibility from the Veterans' Administration or

4-11

other satisfactory documentation of eligibility is presented. Persons with disabilities may be

4-12

capable of working or may be presently working.

4-13

      (2) "Long-term disability" means an impairment which is potentially reversible or may

4-14

improve with appropriate medical treatment. At the time of application and or renewal, the

4-15

impairment should not be expected to improve prior to the expiration of the certification, to a

4-16

point where the individual does not meet the provisions of subdivision (1) of this subsection.

4-17

      (3) "Permanent disability" means an impairment which is non-reversible.

4-18

      (4) "Temporary impairment" means an impairment which is expected to improve to a

4-19

point where the individual does not meet the provisions of subdivision (1) of this subsection,

4-20

within two (2) years of the application.

4-21

      (i) The department of revenue shall inform each licensed driver of the certificate

4-22

procedures and parking restrictions of this section and sections 31-28-4 and 31-28-6, and a

4-23

facsimile of the portable placards and motorcycle stickers issued under this section shall be sent

4-24

to the enforcing authority of each state, and each enforcing authority shall be informed of the

4-25

parking restrictions of this section and sections 31-28-4 and 31-28-6. Recipients of disability

4-26

parking privilege placards shall also receive instructions on their use and the penalties for misuse,

4-27

when the placard is initially issued.

4-28

      (j) Any person who makes, manufactures, offers for sale or knowingly uses a counterfeit

4-29

parking privilege placard shall be fined up to five hundred dollars ($500) and/or forty (40) hours

4-30

of community restitution.

4-31

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01663/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - PARKING FACILITIES AND

PRIVILEGES

***

5-1

     This act would lengthen the renewal requirement for individuals who have disability

5-2

placards for a permanent or long-term disability from every three (3) years to every six (6) years.

5-3

     This act would take effect upon passage.

     

=======

LC01663/SUB A

=======

H5819A