HF 1672

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; limiting parking in
special van-only handicapped parking spaces to vans
specially modified for handicapped persons; making
clarifying and technical changes; imposing a penalty;
amending Minnesota Statutes 2004, sections 169.345,
subdivision 1; 169.346, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, section 169.345,
subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) new text begin Except as
provided to the contrary in paragraph (c) or (d), new text end a vehicle that
prominently displays the certificate authorized by this section
or that bears license 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 which does not
specifically prohibit the exercise of disabled parking
privileges in that space.

A person may park a 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 vehicle by hanging it from
the rearview mirror attached to the front windshield of the
vehicle new text begin , section 169.71, subdivision 1, to the contrary
notwithstanding new text end . If there is no rearview mirror or if the
certificate holder's disability precludes placing the
certificate on the mirror, the placard must be displayed on the
dashboard on the driver's side 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
deleted text begin sections deleted text end new text begin section new text end 169.32 deleted text begin and deleted text end new text begin or new text end 169.34, in designated no parking
spaces, or in parking spaces reserved for new text begin specially modified
vans under paragraph (d) or for other new text end 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.

new text begin (d) In addition to the parking authority granted under
paragraph (a), a van displaying plates issued under section
168.021, that is specially modified for and used exclusively by
a permanently physically disabled person, and only such van, may
be parked by or solely for the benefit of that person in a
designated van-only parking space for disabled persons. For
purposes of this section and section 169.346, "van" means any
vehicle that has a box-like design with no barrier or separation
between the operator's area and the remainder of the
cargo-carrying or passenger-carrying area and that has a
manufacturer's nominal rated carrying capacity of one ton or
less.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169.346,
subdivision 1, is amended to read:

Subdivision 1.

Disability parking space prohibitions.

new text begin (a) new text end A person shall not:

(1) park a motor vehicle in or obstruct access to a parking
space designated and reserved for the physically disabled, on
either private or public property;

(2) park a motor vehicle in or obstruct access to an area
designated by a local governmental unit as a transfer zone for
disabled persons;

(3) exercise the parking privilege provided in section
169.345, unless:

(i) that person is a physically disabled person as defined
in section 169.345, subdivision 2, or the person is transporting
or parking a vehicle for a physically disabled person; and

(ii) the vehicle visibly displays one of the following: a
license plate issued under section 168.021, a certificate issued
under section 169.345, a temporary permit valid for 30 days
issued under section 168.021 or 169.345, or an equivalent
certificate, insignia, or license plate issued by another state,
a foreign country, or one of its political subdivisions; or

(4) park a motor vehicle in an area used as a regular route
transit stopping point where a transit vehicle that is
accessible to the physically disabled regularly stops and a sign
that bears the international symbol of access in white on blue
is posted. A sign posted under this clause may display other
information relating to the regular route transit service. For
purposes of this clause, an area used as a regular route transit
stopping point consists of the 80 feet immediately preceding the
sign described in this clause.

new text begin (b) A person, whether disabled or not, shall not park a
motor vehicle that is not a van described in section 169.345,
subdivision 1, in a parking space designated as "van only" or
"van accessible" and reserved for a physically disabled person
who is operating or being transported in a specially modified
van described in that subdivision. A person who violates this
paragraph is guilty of a misdemeanor and subject to a penalty
under subdivision 3.
new text end

Sec. 3.

Minnesota Statutes 2004, section 169.346,
subdivision 2, is amended to read:

Subd. 2.

Disability parking space signs.

(a) Parking
spaces reserved for physically disabled persons must be
designated and identified by the posting of signs incorporating
the international symbol of access in white on blue and
indicating that violators are subject to a fine of up to $200.
These parking spaces are reserved for disabled persons with
vehicles displaying the required certificate, license plates,
temporary permit valid for 30 days, or insignia. new text begin In addition,
parking spaces reserved only for physically disabled persons
operating or being transported in vans described in section
169.345, subdivision 1, paragraph (d), must be further
identified by the posting of an additional "van only" or "van
accessible" sign. new text end Signs sold after August 1, deleted text begin 1991 deleted text end new text begin 2005 new text end , must
conform to the design requirements in this paragraph.

(b) For purposes of this subdivision, a parking space that
is clearly identified as reserved for physically disabled
persons by a permanently posted sign that does not meet all
design standards, is considered designated and reserved for
physically disabled persons. A sign posted for the purpose of
this section must be visible from inside a vehicle parked in the
space, be kept clear of snow or other obstructions which block
its visibility, and be nonmovable or only movable by authorized
persons.