2020 -- H 7920

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LC004834

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

     Introduced By: Representative Stephen R. Ucci

     Date Introduced: February 26, 2020

     Referred To: House Special Legislation

     It is enacted by the General Assembly as follows:

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

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

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

parking spaces -- Violations.

     (a)(1) Persons, as defined in subsection (h) of this section, who do not own a motor vehicle

registered with the division, upon application and proof of permanent or long-term disability to the

division of motor vehicles, shall be issued one motor vehicle disability parking privilege placard,

for use when those persons are being transported, or in the case of a motorcycle, one motor vehicle

sticker, of blue which shall be imprinted with the white international symbol of access, certificate

number, the words "Rhode Island Disability Parking Permit" and shall bear the expiration date upon

its face.

     (2) If the persons applying for motor vehicle permanent or long-term disability parking

privileges own a motor vehicle registered with the division, those persons shall receive special

license plates to be affixed to their vehicles imprinted with the white international symbol of access

and sticker bearing the expiration date upon its face.

     (3) A placard or motorcycle sticker issued to a person whose disability is temporary shall

be substantially similar to that issued to a person with a permanent or long term disability. The

temporary placard, however, shall be a red placard with a white international symbol of access,

certificate number, the words "Rhode Island Disability Parking Permit" and shall bear the

expiration dates upon its face. A preliminary placard shall be similar to that issued to a person with

a permanent, long-term, or temporary disability. The preliminary placard shall be effective for

twenty-one (21) days, and may be issued by an applicant's licensed physician, if in the medical

provider's opinion the applicant's medical condition merits the issuance of a preliminary placard

while the division considers the applicant's qualifications for any type of disability parking permit.

The preliminary placard shall be an orange placard with a white international symbol of access,

certificate number, the words "Rhode Island Disability Parking Permit" and shall bear the

expiration date upon its face and shall be displayed on the dashboard of the vehicle in a manner

that it is clearly visible from the front. The division of motor vehicles shall promulgate rules

governing the issuance and use of preliminary placards. Applicants shall not be charged any fee

associated with the issuance of a preliminary placard. Physicians submitting false information to

the division of motor vehicles to obtain a preliminary placard on anyone's behalf may be subject to

the penalties set forth in § 11-18-1.3.

     (4) Persons issued special license plates, a placard or motorcycle sticker pursuant to this

section shall be entitled to the immunities of §§ 31-28-4 and 31-28-6. The placard shall conform to

the Uniform Parking System for Disabled Drivers standard issued by the United States Department

of Transportation. If an application for special license plates, a placard or motorcycle sticker is

denied, the division of motor vehicles shall promptly notify the applicant in writing, stating the

specific reason(s) for the denial, and advising the applicant of the procedures for requesting a

hearing to appeal the denial. Prior to the appeal hearing, the applicant shall be provided with any

and all documents relied upon by the division in denying the application. If an application contains

a physician certification that the applicant is sufficiently disabled to require special license plates,

a placard or motorcycle sticker, and the division has not provided specific reasons in its denial letter

to the applicant, the hearing officer shall summarily order that special license plates, a placard or

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

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

individual is not entitled to special license plates, a placard or motorcycle sticker pursuant to this

chapter.

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

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

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

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

A motorcycle sticker issued pursuant to this section shall not be portable and shall be affixed to the

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rear plate of the motorcycle.

     (c)(1) The certificate of entitlement to the special license plates, placard or motorcycle

sticker shall be renewed every six (6) years for individuals with a long-term disability, as defined

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

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

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

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

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

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

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

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

applicant's physician that his or her condition has not changed since the previous approval.

     (2) The certificate of entitlement to the special license plates, placard or motorcycle sticker

shall be covered with plastic or similar material. The applicant shall, upon timely renewal, receive

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

expiration date of the special license plates, disability parking privilege placard or in the case of a

motorcycle the applicant shall receive a new motorcycle sticker. The division of motor vehicles

shall establish rules and regulations allowing for the renewal of the certificates of entitlement by

mail.

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

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

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

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

vehicles shall bear the burden of proof that the individual is not entitled to the special license plates,

placard or motorcycle sticker pursuant to this chapter. There shall be no renewal fee charged for

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

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

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

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

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

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

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

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

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

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notice of the revocation shall be sent to the applicant.

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

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

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

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

the placard by the division of motor vehicles, and subject to a fine of five hundred dollars ($500).

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

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

"Handicapped Parking", "Disability Parking," "Disabled Parking," or "Reserved Parking" at each

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

parking lot restricted to only disability parking.

     (f) A person, other than a person issued special license plates, a special placard or

motorcycle sticker pursuant to this section, who parks a vehicle in a parking space designated for

persons with disabilities, shall be fined: (1) one hundred dollars ($100) for a first violation, (2) one

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

dollars ($325) for a third or subsequent violation. The vehicle may be subject to towing at the

owner's expense. Provided further, that it shall not be unlawful for a person to park a vehicle in a

space designated for person with disabilities if that person is transporting a person who has been

issued a special placard and is properly displaying the placard on the vehicle.

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

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

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

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

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

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

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

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

or artificial support; (iii) an impairment caused by amputation, arthritis, blindness (including legally

blind), or orthopedic condition; (iv) an impairment in respiratory, circulatory, or neurological health

which limits the person's walking capability; or (v) disabled veteran, pursuant to § 31-6-8 after

certification of eligibility from the Veterans' Administration or other satisfactory documentation of

eligibility is presented. Persons with disabilities may be capable of working or may be presently

working.

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

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

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

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

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

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

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

(2) years of the application.

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

and parking restrictions of this section and §§ 31-28-4 and 31-28-6, and a facsimile of the portable

placards and motorcycle stickers issued under this section shall be sent to the enforcing authority

of each state, and each enforcing authority shall be informed of the parking restrictions of this

section and §§ 31-28-4 and 31-28-6. Recipients of disability parking privilege placards shall also

receive instructions on their use and the penalties for misuse, when the placard is initially issued.

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

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

of community restitution.

     SECTION 2. This act shall take effect on July 1, 2021.

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LC004834

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PARKING FACILITIES AND

PRIVILEGES

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     This act would authorize the division of motor vehicles to issue special license plates for

persons suffering from permanent or long-term disability who own motor vehicles registered with

the division instead of a motor vehicle disability parking privilege placard.

     This act would take effect on July 1, 2021.

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LC004834

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