H. B. 3107
(By Delegates Swartzmiller, Caputo and Boggs)
[Introduced March 12, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17C-13-6 of the Code of West Virginia,
1931, as amended, relating to issuance of special registration
plates allowing parking privileges for persons with mobility
impairments.
Be it enacted by the Legislature of West Virginia:
That §17C-13-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-6. Stopping, standing or parking privileges for persons
with a mobility impairment; definitions;
qualification; special registration plates and
removable windshield placards; expiration;
application; violation; penalties.
(a) (1) The commissioner may issue up to two special
registration plates or removable windshield placards to a person with a mobility impairment or a West Virginia organization which
transports persons with disabilities and facilitates the mobility
of its customers, patients, students or persons otherwise placed
under its responsibility.
(2) Special registration plates or placards may only be issued
for placement on a Class A or Class G motor vehicle registered
under the provisions of article three, chapter seventeen-a of this
code.
(3) The applicant shall specify whether he or she is applying
for a special registration plate, a removable windshield placard or
both on the application form prescribed and furnished by the
commissioner.
(4) The applicant shall submit, with the application, a
certificate issued by any licensed physician, chiropractor,
advanced nurse practitioner or physician's assistant, who is
licensed, in this state stating that the applicant has a mobility
impairment or that the applicant is an organization which regularly
transports a person with a mobility impairment as defined in this
section. The physician, chiropractor, advanced nurse practitioner
or physician's assistant shall specify in the certificate whether
the disability is temporary or permanent. A disability which is
temporary shall not exceed is one which is expected to last less
than six months. A disability which is permanent is one which is
one to five years or more in expected duration expected to last more than six months. If the duration of the disability is
expected to last more than five years or for the life of the
applicant, the physician, chiropractor, advanced nurse practitioner
or physician's assistant shall so specify in the certificate.
(5) Upon receipt of the completed application, the physician's
certificate and the regular registration fee for the applicant's
vehicle class, if the commissioner finds that the applicant
qualifies for the special registration plate or a removable
windshield placard as provided in this section, he or she shall
issue to the applicant a special registration plate (upon
remittance of the regular registration fee) or a removable
windshield placard (red for temporary and blue for permanent), or
both. Upon request, the commissioner shall also issue to any
otherwise qualified applicant one additional placard having the
same expiration date as the applicant's original placard. The
placard shall be displayed by hanging it from the interior rearview
mirror of the motor vehicle so that it is conspicuously visible
from outside the vehicle when parked in a designated accessible
parking space. The placard may be removed from the rearview mirror
whenever the vehicle is being operated to ensure clear vision and
safe driving. Only in the event that there is no suitable rearview
mirror in the vehicle may the placard be displayed on the dashboard
of the vehicle.
(6) An organization which transport transports people with disabilities will shall be provided with a placard which will
permit them it to park in a designated area for the length of time
necessary to load and unload passengers. These vehicles must be
moved to a nondesignated space once the loading or unloading
process is complete.
(b) As used in this section, the following terms have the
meanings ascribed to them in this subsection:
(1) A person or applicant with a "mobility impairment" means
a person who is a citizen of West Virginia and as determined by a
licensed physician, allopath or osteopath, chiropractor, advanced
nurse practitioner or physician's assistant: licensed to practice
in West Virginia
(A) Cannot walk two hundred feet without stopping to rest;
(B) Cannot walk without the use of or assistance from a brace,
cane, crutch, prosthetic device, wheelchair, other assistive device
or another person;
(C) Is restricted by lung disease to such an extent that the
person's force (respiratory) expiratory volume for one second, when
measured by spirometry, is less than one liter or the arterial
oxygen tension is less than sixty mm/hg on room air at rest;
(D) Uses portable oxygen;
(E) Has a cardiac condition to such an extent that the
person's functional limitations are classified in severity as Class
III or Class IV according to standards established by the American Heart Association; or
(F) Is severely limited in his or her ability to walk because
of an arthritic, neurological or other orthopedic condition;
(2) "Special registration plate" means a registration plate
that displays the international symbol of access, as adopted by the
Rehabilitation International Organization in 1969 at its Eleventh
World Congress on Rehabilitation of the Disabled, in a color that
contrasts with the background, in letters and numbers the same size
as those on the plate, and which may be used in lieu of a regular
registration plate;
(3) "Removable windshield placard" (permanent or temporary)
means a two-sided, hanger-style placard measuring three inches by
nine and one-half inches, with all of the following on each side:
(A) The international symbol of access, measuring at least
three inches in height, centered on the placard, in white on a blue
background for permanent designations and in white on a red
background for temporary designations;
(B) An identification number measuring one inch in height;
(C) An expiration date in numbers measuring one inch in
height; and
(D) The seal or other identifying symbol of the issuing
authority;
(4) "Regular registration fee" means the standard registration
fee for a vehicle of the same class as the applicant's vehicle;
(5) "Public entity" means state or local government or any
department, agency, special purpose district or other
instrumentality of a state or local government;
(6) "Public facility" means all or any part of any buildings,
structures, sites, complexes, roads, parking lots or other real or
personal property, including the site where the facility is
located;
(7) "Place or places of public accommodation" means a facility
or facilities operated by a private entity whose operations affect
commerce and fall within at least one of the following categories:
(A) Inns, hotels, motels and other places of lodging;
(B) Restaurants, bars or other establishments serving food or
drink;
(C) Motion picture houses, theaters, concert halls, stadiums
or other places of exhibition or entertainment;
(D) Auditoriums, convention centers, lecture halls or other
places of public gatherings;
(E) Bakeries, grocery stores, clothing stores, hardware
stores, shopping centers or other sales or rental establishments;
(F) Laundromats, dry cleaners, banks, barber and beauty shops,
travel agencies, shoe repair shops, funeral parlors, gas or service
stations, offices of accountants and attorneys, pharmacies,
insurance offices, offices of professional health care providers,
hospitals or other service establishments;
(G) Terminals, depots or other stations used for public
transportation;
(H) Museums, libraries, galleries or other places of public
display or collection;
(I) Parks, zoos, amusement parks or other places of
recreation;
(J) Public or private nursery, elementary, secondary,
undergraduate or post-graduate schools or other places of learning
and day care centers, senior citizen centers, homeless shelters,
food banks, adoption agencies or other social services
establishments; and
(K) Gymnasiums, health spas, bowling alleys, golf courses or
other places of exercise or recreation;
(8) "Commercial facility" means a facility whose operations
affect commerce and which are intended for nonresidential use by a
private entity;
(9) "Accessible parking" formerly known as "handicapped
parking" is the present phrase consistent with language within the
Americans with Disabilities Act (ADA).
(10) "Parking enforcement personnel" includes any law-
enforcement officer as defined by section one, article twenty-nine,
chapter thirty of this code, and private security guards, parking
personnel and other personnel authorized by a city, county or the
state to issue parking citations.
Any person who falsely or fraudulently obtains or seeks to
obtain the special plate or the removable windshield placard
provided for in this section and any person who falsely certifies
that a person is mobility impaired in order that an applicant may
be issued the special registration plate or windshield placard
under this section is guilty of a misdemeanor and, upon conviction
thereof, in addition to any other penalty he or she may otherwise
incur, shall be fined $500. Any person who fabricates, uses or
sells unofficially issued windshield placards to any person or
organization is committing a fraudulent act and is guilty of a
misdemeanor and, upon conviction thereof, in addition to any other
penalty he or she may otherwise incur, shall be fined $500 per
placard fabricated, used or sold. Any person who fabricates, uses
or sells unofficially issued identification cards to any person or
organization is committing a fraudulent act and is guilty of a
misdemeanor and, upon conviction thereof, in addition to any other
penalty he or she may otherwise incur, shall be fined $700 per
identification card fabricated, used or sold. Any person who
fabricates, uses or sells unofficially issued labels imprinted with
a future expiration date to any person or organization is
committing a fraudulent act and is guilty of a misdemeanor and,
upon conviction thereof, in addition to any other penalty he or she
may otherwise incur, shall be fined $700. Any person covered by
this section who sells or gives away their officially issued windshield placard to any person or organization not qualified to
apply or receive the placard and then reapplies for a new placard
on the basis it was stolen is committing a fraudulent act and is
guilty of a misdemeanor and, upon conviction thereof, in addition
to any other penalty he, she or they may otherwise incur, shall
lose their right to receive or use a special placard or special
license plate for a period of not less than five years.
(c) (1) The commissioner shall set the expiration date for
special registration plates and permanent removable windshield
placards on the last day of a given month and year, to be valid for
a minimum of one year but not more than five years, after which
time a new application must be submitted to the commissioner.
After the commissioner receives the new application, signed by a
certified licensed physician, chiropractor, advanced nurse
practitioner or physician's assistant, the commissioner shall
issue: (i) A new special registration plate or new permanent
removable windshield placard; or (ii) official labels imprinted
with the new expiration date and designed so as to be placed over
the old dates on the original registration plate or windshield
placard.
(2) A new application submitted under this subsection is not
required to include a certificate from a physician, chiropractor,
advanced nurse practitioner or physician's assistant if:
(A) A previous application included a certificate signed by a licensed physician, chiropractor, advanced nurse practitioner or
physician's assistant, indicating that the applicant's disability
was expected to last more than five years or for the life of the
applicant; and
(B) The application is for a special registration plate for a
vehicle that is registered to the applicant. This provision does
not apply to permanent removable windshield placards, and does not
allow them to be issued for more than five years at a time.
(d) The commissioner shall set the expiration date of
temporary removable windshield placards to be valid for a period of
approximately six months after the application was received and
approved by the commissioner.
(e) The commissioner shall issue to each applicant who is
granted a special registration plate or windshield placard an
identification card bearing the applicant's name, assigned
identification number and expiration date. The applicant shall
thereafter carry this identification card on his or her person
whenever parking in an accessible parking space. The
identification card shall be identical in design for both
registration plates and removable windshield placards.
(f) An accessible parking space should comply with the
provisions of the Americans with Disabilities Act Accessibility
Guidelines, contained in 28 C.F.R. 36, Appendix A, Section 4.6. In
particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot access aisle for vans having side
mounted hydraulic lifts or ramps or a five-foot access aisle for
standard vehicles. Access aisles should be marked using diagonal
two- to four-inch-wide stripes spaced every twelve or twenty-four
inches apart along with the words "no parking" in painted letters
which are at least twelve inches in height. All accessible parking
spaces must have a signpost in front or adjacent to the accessible
parking space displaying the international symbol of access sign
mounted at a minimum of eight feet above the pavement or sidewalk
and the top of the sign. Lines or markings on the pavement or
curbs for parking spaces and access aisles may be in any color,
although blue is the generally accepted color for accessible
parking.
(g) A vehicle from any other state, United States territory or
foreign country displaying an officially issued special
registration plate, placard or decal bearing the international
symbol of access shall be recognized and accepted as meeting the
requirements of this section, regardless of where the plate,
placard or decal is mounted or displayed on the vehicle.
(h) Stopping, standing or parking places marked with the
international symbol of access shall be designated in close
proximity to all public entities, including state, county and
municipal buildings and facilities, places of public accommodation
and commercial facilities. These parking places shall be reserved solely for persons with a mobility impairment at all times.
(i) Any person whose vehicle properly displays a valid,
unexpired special registration plate or removable windshield
placard may park the vehicle for unlimited periods of time in
parking zones unrestricted as to length of parking time permitted:
Provided, That this privilege does not mean that the vehicle may
park in any zone where stopping, standing or parking is prohibited
or which creates parking zones for special types of vehicles or
which prohibits parking during heavy traffic periods during
specified rush hours or where parking would clearly present a
traffic hazard. To the extent any provision of any ordinance of
any political subdivision of this state is contrary to the
provisions of this section, the provisions of this section take
precedence and apply.
The parking privileges provided for in this subsection apply
only during those times when the vehicle is being used for the
loading or unloading of a person with a mobility impairment. Any
person who knowingly exercises, or attempts to exercise, these
privileges at a time when the vehicle is not being used for the
loading or unloading of a person with a mobility impairment is
guilty of a misdemeanor and, upon first conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall
be fined $200; upon second conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined $300; and upon third and subsequent convictions thereof, in addition to
any other penalty he or she may otherwise incur, shall be fined
$500.
(j) Any person whose vehicle does not display a valid, special
registration plate or removable windshield placard may not stop,
stand or park a motor vehicle in an area designated, zoned or
marked for accessible parking with signs or instructions displaying
the international symbol of access, either by itself or with
explanatory text. The signs may be mounted on a post or a wall in
front of the accessible parking space and instructions may appear
on the ground or pavement, but use of both methods is preferred.
Accessible parking spaces for vans having an eight-foot adjacent
access aisle should be designated as "van accessible" but may be
used by any vehicle displaying a valid special registration plate
or removable windshield placard.
Any person who violates the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined $200; upon second conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined $300;
and upon third and subsequent convictions thereof, in addition to
any other penalty he or she may otherwise incur, shall be fined
$500.
(k) All signs that designate areas as "accessible parking" or
that display the international symbol of access shall also include the words "Up to $500 fine".
(l) No person may stop, stand or park a motor vehicle in an
area designated or marked off as an access aisle adjacent to a van-
accessible parking space or regular accessible parking space. Any
person, including a driver of a vehicle displaying a valid
removable windshield placard or special registration plate, who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined $200; upon
second conviction thereof, in addition to any other penalty he or
she may otherwise incur, shall be fined $300; and upon third and
subsequent convictions thereof, in addition to any other penalty he
or she may otherwise incur, shall be fined $500.
(m) Parking enforcement personnel who otherwise enforce
parking violations may issue citations for violations of this
section and shall reference the number on the vehicle's license
plate, since the driver normally will not be present.
(n) Law-enforcement agencies may establish a program to use
trained volunteers to collect information necessary to issue
citations to persons who illegally park in designated accessible
parking spaces. Any law-enforcement agency choosing to establish
a program shall provide for workers' compensation and liability
coverage. The volunteers shall photograph the illegally parked
vehicle and complete a form, to be developed by supervising law-
enforcement agencies, that includes the vehicle's license plate number, date, time and location of the illegally parked vehicle.
The photographs must show the vehicle in the accessible space and
a readable view of the license plate. Within the discretion of the
supervising law-enforcement agency, the volunteers may issue
citations or the volunteers may submit the photographs of the
illegally parked vehicle and the form to the supervising law-
enforcement agency, who may issue a citation, which includes the
photographs and the form, to the owner of the illegally parked
vehicle. Volunteers shall be trained on the requirements for
citations for vehicles parked in marked, zoned or designated
accessible parking areas by the supervising law-enforcement agency.
(o) Local authorities who adopt the basic enforcement
provisions of this section and issue their own local ordinances
shall retain all fines and associated late fees. These revenues
shall be used first to fund the provisions of subsection (n) of
this section, if adopted by local authorities, or otherwise shall
go into the local authorities' General Revenue Fund. Otherwise,
any moneys collected as fines shall be collected for and remitted
to the state.
(p) The commissioner shall prepare and issue a document to
applicants describing the privileges accorded a vehicle having a
special registration plate and removable windshield placard as well
as the penalties when the vehicle is being inappropriately used as
described in this section and shall include the document along with the issued special registration plate or windshield placard. In
addition, the commissioner shall issue a separate document
informing the general public regarding the new provisions and
increased fines being imposed either by way of newspaper
announcements or other appropriate means across the state.
(q) The commissioner shall adopt and promulgate rules in
accordance with the provisions of article three, chapter twenty-
nine-a of this code.
NOTE: The purpose of this bill is to allow a renewal
application for a special registration plate to be issued without
a certificate from a licensed physician, chiropractor, advanced
nurse practitioner or physician's assistant. This would apply only
if:
(1) A previous application indicated that the applicant's
disability was expected to last more than five years or for the
applicant's life of the applicant; and
(2) The application is for a special registration plate for a
vehicle that is registered to the applicant.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.