SF 291

as introduced - 90th Legislature (2017 - 2018) Posted on 01/24/2017 08:31am

A bill for an act
relating to motor vehicles; authorizing issuance of disability plate to owner of
motorized bicycle under certain circumstances; amending Minnesota Statutes 2016,
sections 168.021, subdivisions 1, 2, 2a; 169.345, subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 168.021, subdivision 1, is amended to read:

Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered under
section 168.017, a motorcycle, new text begin a motorized bicycle, new text end a one-ton pickup truck, or a self-propelled
recreational vehicle is owned or primarily operated by a permanently physically disabled
person or a custodial parent or guardian of a permanently physically disabled minor, the
owner may apply for and secure from the commissioner (1) immediately, a temporary permit
valid for 30 days if the applicant is eligible for the disability plates issued under this section
and (2) two disability plates with attached emblems, one plate to be attached to the front,
and one to the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a
motorcycle new text begin or a motorized bicycle new text end , one disability plate the same size as a regular motorcycle
plate.

(b) The commissioner shall not issue more than one plate to the owner of a motorcycle new text begin
or a motorized bicycle new text end and not more than one set of plates to any owner of another vehicle
described in paragraph (a) at the same time unless the state Council on Disability approves
the issuance of a second plate or set of plates to an owner.

(c) When the owner first applies for the disability plate or plates, the owner must submit
a medical statement in a format approved by the commissioner under section 169.345, or
proof of physical disability provided for in that section.

(d) No medical statement or proof of disability is required when an owner applies for a
plate or plates for one or more vehicles listed in paragraph (a) that are specially modified
for and used exclusively by permanently physically disabled persons.

(e) The owner of a vehicle listed in paragraph (a) may apply for and secure (i)
immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability
plate or plates issued under this section, and (ii) a disability plate or plates for the vehicle
if:

(1) the owner employs a permanently physically disabled person who would qualify for
the disability plate or plates under this section; and

(2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.

Sec. 2.

Minnesota Statutes 2016, section 168.021, subdivision 2, is amended to read:

Subd. 2.

Plate design; furnished by commissioner.

The commissioner shall design
and furnish two disability plates, or one disability plate for a motorcycle new text begin or a motorized
bicycle new text end that is the same size as a regular motorcycle plate, with attached emblem or emblems
to an eligible owner. The emblem must bear the internationally accepted wheelchair symbol,
as designated in section 326B.106, subdivision 9, approximately three inches square. The
emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant
eligible for a disability plate or plates shall pay the motor vehicle registration fee authorized
by sections 168.013 and 168.09.

Sec. 3.

Minnesota Statutes 2016, section 168.021, subdivision 2a, is amended to read:

Subd. 2a.

Plate transfer.

(a) When ownership of a vehicle described in subdivision 1,
is transferred, the owner of the vehicle shall remove the disability plate or plates. The buyer
of the motor vehicle is entitled to receive a regular plate or plates for the vehicle without
further cost for the remainder of the registration period.

(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates may be
transferred to a replacement vehicle on notification to the commissioner. However, the
disability plate or plates may not be transferred unless the replacement vehicle (1) is listed
under section 168.012, subdivision 1, and, in case of a single plate for a motorcycle new text begin or a
motorized bicycle new text end , the replacement vehicle is a motorcycle new text begin or a motorized bicycle new text end , and (2)
is owned or primarily operated by the permanently physically disabled person.

Sec. 4.

Minnesota Statutes 2016, section 169.345, subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) A vehicle described in section 168.021, subdivision
1, paragraph (a), that prominently displays the certificate authorized by this section or that
bears the disability plate or plates issued under section 168.021 may be parked by or solely
for the benefit of a physically disabled person:

(1) in a designated parking space for disabled persons, as provided in section 169.346;

(2) in a metered parking space without obligation to pay the meter fee and without time
restrictions unless time restrictions are separately posted on official signs; and

(3) without time restrictions in a nonmetered space where parking is otherwise allowed
for passenger vehicles but restricted to a maximum period of time and that does not
specifically prohibit the exercise of disabled parking privileges in that space.

A person may park the vehicle for a physically disabled person in a parking space described
in clause (1) or (2) only when actually transporting the physically disabled person for the
sole benefit of that person and when the parking space is within a reasonable distance from
the drop-off point.

(b) For purposes of this subdivision, a certificate is prominently displayed if it is displayed
so that it may be viewed from the front and rear of the motor vehicle by hanging it from the
rearview mirror attached to the front windshield of the motor vehicle or, in the case of a
motorcycle new text begin or a motorized bicycle new text end , is secured to the vehicle. If there is no rearview mirror
or if the certificate holder's disability precludes placing the certificate on the mirror, the
certificate must be displayed on the dashboard of the vehicle. No part of the certificate may
be obscured.

(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not permit
parking in areas prohibited by sections 169.32 and 169.34, in designated no parking spaces,
or in parking spaces reserved for specified purposes or vehicles. A local governmental unit
may, by ordinance, prohibit parking on any street or highway to create a fire lane, or to
accommodate heavy traffic during morning and afternoon rush hours and these ordinances
also apply to physically disabled persons.

Sec. 5.

Minnesota Statutes 2016, section 169.345, subdivision 3, is amended to read:

Subd. 3.

Identifying certificate.

(a) The commissioner shall issue (1) immediately, a
permit valid for 30 days if the person is eligible for the certificate issued under this section
and (2) an identifying certificate for a vehicle described in section 168.021, subdivision 1,
paragraph (a), when a physically disabled applicant submits proof of physical disability
under subdivision 2a. The commissioner shall design separate certificates for persons with
permanent and temporary disabilities that can be readily distinguished from each other from
outside a vehicle at a distance of 25 feet or, in the case of a motorcycle new text begin or a motorized
bicycle new text end , can be readily secured to the motorcycle new text begin or motorized bicycle new text end . An applicant may
be issued up to two certificates if the applicant has not been issued disability plates under
section 168.021.

(b) The operator of a vehicle displaying a certificate has the parking privileges provided
in subdivision 1 only while the vehicle is actually parked while transporting a physically
disabled person.

(c) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective January 1, 2018.
new text end