HF 721

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/11/2011 03:08pm

A bill for an act
relating to traffic regulations; modifying provisions relating to disability parking;
amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346,
subdivision 3.

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

Section 1.

Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) A motor vehicle that prominently displays
the certificate authorized by this section or that bears disability 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 a motor 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. 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 deleted text begin on the driver's side deleted text end 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. 2.

Minnesota Statutes 2010, section 169.346, subdivision 3, is amended to read:

Subd. 3.

Misdemeanor; enforcement.

A person who violates subdivision 1 is
guilty of a misdemeanor and must be fined not less than $100 and not more than $200. This
subdivision must be enforced in the same manner as parking ordinances or regulations in
the governmental subdivision in which the violation occurs. Law enforcement officers
may tag motor vehicles parked on either private or public property in violation of
subdivision 1. Parking enforcement employees or agents of statutory or home rule charter
cities or towns may tag or otherwise issue citations for motor vehicles parked on public
property in violation of subdivision 1. If a holder of a disability certificate or disability
plates allows a person who is not otherwise eligible to use the certificate or plates, then
the holder is not eligible to be issued or to use a disability certificate or plates for 12
months after the date of violation. new text begin Except when the permit or certificate is expired by, or is
otherwise invalid for, more than 90 days, new text end a physically disabled person, or a person parking
a motor vehicle for a disabled person, who is charged with violating subdivision 1 because
the person parked in a parking space for physically disabled persons without the required
certificate, license plates, or permit must not be convicted if the person new text begin (1) new text end produces in
court or before the court appearance the required certificate, permit, or evidence that the
person has been issued plates under section 168.021, new text begin (2) surrenders the expired permit or
certificate, new text end and new text begin (3) new text end demonstrates entitlement to the certificate, plates, or permit at the time
of arrest or tagging. new text begin To be valid, the certificate or permit must show that it is owned by the
same person that owned the expired certificate or permit displayed at the time the tag was
issued. The registered vehicle owner is subject to the provisions of this subdivision.
new text end