SF 81

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing issuance 
  1.3             of seasonal parking certificates and special 
  1.4             registration plates and renewal tabs for seasonally 
  1.5             disabled persons; amending Minnesota Statutes 1996, 
  1.6             sections 168.021; 169.345; and 169.346. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 168.021, is 
  1.9   amended to read: 
  1.10     168.021 [LICENSE PLATES FOR PHYSICALLY DISABLED PERSONS.] 
  1.11     Subdivision 1.  [SPECIAL PLATES; APPLICATION.] (a) When a 
  1.12  motor vehicle registered under section 168.017, a motorcycle, a 
  1.13  truck having a manufacturer's nominal rated capacity of one ton 
  1.14  and resembling a pickup truck, or a self-propelled recreational 
  1.15  vehicle is owned or primarily operated by a permanently 
  1.16  physically disabled or seasonally disabled person, as those 
  1.17  terms are defined in section 169.345, or a custodial parent or 
  1.18  guardian of a permanently physically disabled or seasonally 
  1.19  disabled minor, the owner may apply for and secure from the 
  1.20  registrar of motor vehicles (1) immediately, a temporary permit 
  1.21  valid for 30 days, if the applicant is eligible for the special 
  1.22  plates issued under this paragraph, and (2) two license plates 
  1.23  with attached emblems, one plate to be attached to the front, 
  1.24  and one to the rear of the vehicle.  When the owner first 
  1.25  applies for the plates, the owner must submit a physician's 
  1.26  statement on a form developed by the commissioner under section 
  2.1   169.345, or proof of physical disability provided for in that 
  2.2   section. 
  2.3      (b) The owner of a motor vehicle may apply for and secure 
  2.4   (i) immediately, a temporary permit valid for 30 days, if the 
  2.5   person is eligible to receive the special plates issued under 
  2.6   this paragraph, and (ii) a set of special plates for a motor 
  2.7   vehicle if: 
  2.8      (1) the owner employs a permanently physically disabled or 
  2.9   seasonally disabled person who would qualify for special plates 
  2.10  under this section; and 
  2.11     (2) the owner furnishes the motor vehicle to the seasonally 
  2.12  or physically disabled person for the exclusive use of that 
  2.13  person in the course of employment. 
  2.14     Subd. 1a.  [SCOPE OF PRIVILEGE.] If a seasonally or 
  2.15  physically disabled person parks a vehicle displaying license 
  2.16  plates or renewal tabs described in this section, or a temporary 
  2.17  permit valid for 30 days and issued to an eligible person 
  2.18  awaiting receipt of the license plates or renewal tabs described 
  2.19  in this section, or any person parks the vehicle for 
  2.20  a seasonally or physically disabled person, that person shall be 
  2.21  is entitled to park the vehicle as provided in section 169.345.  
  2.22     Subd. 2.  [DESIGN OF PLATES; RENEWAL TABS; FURNISHING BY 
  2.23  REGISTRAR.] (a) The registrar of motor vehicles shall design and 
  2.24  furnish two license number plates with attached emblems to each 
  2.25  eligible owner.  The emblem must bear the internationally 
  2.26  accepted wheelchair symbol, as designated in section 16B.61, 
  2.27  subdivision 5, approximately three inches square.  The emblem 
  2.28  must be large enough to be visible plainly from a distance of 50 
  2.29  feet.  An applicant eligible for the special plates shall pay 
  2.30  the motor vehicle registration fee authorized by law less a 
  2.31  credit of $1 for each month registered. 
  2.32     (b) The registrar shall annually issue special registration 
  2.33  renewal tabs to seasonally disabled persons that are readily 
  2.34  distinguishable from all other registration renewal tabs.  
  2.35     Subd. 2a.  [PLATE RETURNS, TRANSFERS.] (a) When vehicle 
  2.36  ownership is transferred, the owner of the vehicle shall remove 
  3.1   the special plates from the vehicle and return them to the 
  3.2   registrar.  The buyer of the vehicle shall repay the $1 credit 
  3.3   for each month remaining in the registration period for which 
  3.4   the special plates were issued.  On returning the plates and 
  3.5   repaying the remaining credit, the buyer is entitled to receive 
  3.6   regular plates for the vehicle without further cost for the rest 
  3.7   of the registration period. 
  3.8      (b) Notwithstanding section 168.12, subdivision 1, the 
  3.9   special plates may be transferred to a replacement motor vehicle 
  3.10  on notification to the registrar.  However, the special plates 
  3.11  may not be transferred unless the replacement motor vehicle (1) 
  3.12  is registered under section 168.017 or is a self-propelled 
  3.13  recreational vehicle, and (2) is owned or primarily operated by 
  3.14  the permanently physically disabled or seasonally disabled 
  3.15  person. 
  3.16     (c) The transferor shall not receive the $1 credit for each 
  3.17  month the replacement vehicle is registered until the time of 
  3.18  renewal or first application for registration on the replacement 
  3.19  vehicle. 
  3.20     Subd. 2b.  [WHEN NOT ELIGIBLE.] On becoming ineligible for 
  3.21  the special plates, the owner of the vehicle shall remove the 
  3.22  special plates and return them to the registrar.  The owner 
  3.23  shall repay the $1 credit for each month remaining in the 
  3.24  registration period for which the special plates were issued.  
  3.25  On returning the plates and repaying the remaining credit, the 
  3.26  owner may receive regular plates for the vehicle without further 
  3.27  cost for the rest of the registration period.  
  3.28     Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
  3.29  person who uses the plates, special renewal tabs, or temporary 
  3.30  permit provided under this section on a motor vehicle in 
  3.31  violation of this section is guilty of a misdemeanor, and is 
  3.32  subject to a fine of $500.  This subdivision does not preclude a 
  3.33  person who is not seasonally or physically disabled from 
  3.34  operating a vehicle bearing the plates, special renewal tabs, or 
  3.35  temporary permit if:  
  3.36     (1) the person is the owner of the vehicle and permits its 
  4.1   operation by a seasonally or physically disabled person; 
  4.2      (2) the person operates the vehicle with the consent of the 
  4.3   owner who is seasonally or physically disabled; or 
  4.4      (3) the person is the owner of the vehicle, is the 
  4.5   custodial parent or guardian of a permanently seasonally or 
  4.6   physically disabled minor, and operates the vehicle to transport 
  4.7   the minor. 
  4.8      (b) A driver who is not disabled is not entitled to the 
  4.9   parking privileges provided in this section and in section 
  4.10  169.346 unless parking the vehicle for a seasonally disabled 
  4.11  person during the period from October 15 to April 15 or parking 
  4.12  the vehicle anytime for a physically disabled person. 
  4.13     Subd. 4.  [FEES; DISPOSITION.] All fees collected from the 
  4.14  sale of plates under this section shall be deposited in the 
  4.15  state treasury to the credit of the highway user tax 
  4.16  distribution fund. 
  4.17     Subd. 5.  [DEFINITIONS.] For the purposes of this section, 
  4.18  the term terms "physically disabled person" has the meaning and 
  4.19  "seasonally disabled person" have the meanings given it them in 
  4.20  section 169.345.  
  4.21     Subd. 6.  [DRIVER'S LICENSE LAW NOT AFFECTED.] Nothing in 
  4.22  this section shall be construed to revoke, limit, or amend 
  4.23  chapter 171. 
  4.24     Sec. 2.  Minnesota Statutes 1996, section 169.345, is 
  4.25  amended to read: 
  4.26     169.345 [PARKING PRIVILEGES FOR PHYSICALLY DISABLED 
  4.27  PERSONS.] 
  4.28     Subdivision 1.  [SCOPE OF PRIVILEGE.] (a) A vehicle that 
  4.29  prominently displays the a certificate authorized by this 
  4.30  section or that bears license plates issued under section 
  4.31  168.021, may be parked by or for a seasonally disabled person 
  4.32  during the period from October 15 to April 15 or for a 
  4.33  physically disabled person for as long as the person is disabled:
  4.34     (1) in a designated parking space for disabled persons, as 
  4.35  provided in section 169.346; and 
  4.36     (2) in a metered parking space without obligation to pay 
  5.1   the meter fee and without time restrictions unless time 
  5.2   restrictions are separately posted on official signs.  
  5.3      (b) For purposes of this subdivision, a certificate is 
  5.4   prominently displayed if it is displayed so that it may be 
  5.5   viewed from the front and rear of the vehicle by hanging it from 
  5.6   the rearview mirror attached to the front windshield of the 
  5.7   vehicle.  If there is no rearview mirror or if the certificate 
  5.8   holder's disability precludes placing the certificate on the 
  5.9   mirror, the placard must be displayed on the dashboard on the 
  5.10  driver's side of the vehicle.  No part of the certificate may be 
  5.11  obscured. 
  5.12     (c) Notwithstanding clauses (1) and (2) paragraph (a), this 
  5.13  section does not permit parking in areas prohibited by sections 
  5.14  169.32 and 169.34, in designated no parking spaces, or in 
  5.15  parking spaces reserved for specified purposes or vehicles.  A 
  5.16  local governmental unit may, by ordinance, prohibit parking on 
  5.17  any street or highway to create a fire lane, or to accommodate 
  5.18  heavy traffic during morning and afternoon rush hours and these 
  5.19  ordinances also apply to physically disabled persons. 
  5.20     Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
  5.21  and section 169.346: 
  5.22     (a) "Physically disabled person" means a person who: 
  5.23     (1) because of disability cannot walk without significant 
  5.24  risk of falling; 
  5.25     (2) because of disability cannot walk 200 feet without 
  5.26  stopping to rest; 
  5.27     (3) because of disability cannot walk without the aid of 
  5.28  another person, a walker, a cane, crutches, braces, a prosthetic 
  5.29  device, or a wheelchair; 
  5.30     (4) is restricted by a respiratory disease to such an 
  5.31  extent that the person's forced (respiratory) expiratory volume 
  5.32  for one second, when measured by spirometry, is less than one 
  5.33  liter; 
  5.34     (5) has an arterial oxygen tension (PAO2) of less than 60 
  5.35  mm/Hg on room air at rest; 
  5.36     (6) uses portable oxygen; 
  6.1      (7) has a cardiac condition to the extent that the person's 
  6.2   functional limitations are classified in severity as class III 
  6.3   or class IV according to standards set by the American Heart 
  6.4   Association; 
  6.5      (8) has lost an arm or a leg and does not have or cannot 
  6.6   use an artificial limb; or 
  6.7      (9) has a disability that would be aggravated by walking 
  6.8   200 feet under normal environmental conditions to an extent that 
  6.9   would be life threatening.  
  6.10     (b) "Seasonally disabled person" means a person who does 
  6.11  not fit the definition of physically disabled person but because 
  6.12  of a permanent disability has a greater risk of falling when 
  6.13  walking during cold periods from October 15 to April 15.  The 
  6.14  disability is usually permanent and the result of back surgery, 
  6.15  surgery requiring knee or hip replacement, or other orthopedic 
  6.16  surgery adversely affecting the person's balance or physical 
  6.17  stability. 
  6.18     Subd. 2a.  [PHYSICIAN'S OR CHIROPRACTOR'S STATEMENT.] (a) 
  6.19  The commissioner shall develop a form for the physician's or 
  6.20  chiropractor's statement.  The statement must be signed by a 
  6.21  licensed physician or chiropractor who certifies that the 
  6.22  applicant is a seasonally or physically disabled person as 
  6.23  defined in subdivision 2.  The commissioner may request 
  6.24  additional information from the physician or chiropractor if 
  6.25  needed to verify the applicant's eligibility.  The statement 
  6.26  that the applicant is a seasonally or physically disabled person 
  6.27  must specify whether the disability is permanent, seasonal, or 
  6.28  temporary, and, if temporary, the opinion of the physician or 
  6.29  chiropractor as to the duration of the disability.  A physician 
  6.30  or chiropractor who fraudulently certifies to the commissioner 
  6.31  that a person is a seasonally or physically disabled person as 
  6.32  defined in subdivision 2, and that the person is entitled to the 
  6.33  license plates authorized by section 168.021 or to the 
  6.34  certificate authorized by this section, is guilty of a 
  6.35  misdemeanor and is subject to a fine of $500. 
  6.36     (b) The commissioner may waive the requirement of providing 
  7.1   a statement of a licensed physician or chiropractor, if the 
  7.2   applicant has previously filed with the commissioner a statement 
  7.3   of a licensed physician or chiropractor certifying that the 
  7.4   applicant has a permanent physical disability or seasonal 
  7.5   disability.  
  7.6      Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
  7.7   driver and vehicle services in the department of public safety 
  7.8   shall issue (1) immediately, a temporary permit valid for 30 
  7.9   days, if the person is eligible for the a certificate issued 
  7.10  under this paragraph, and (2) a special identifying certificate 
  7.11  for a motor vehicle when a seasonally or physically disabled 
  7.12  applicant submits proof of seasonal or physical disability under 
  7.13  subdivision 2a.  
  7.14     (b) The commissioner shall design separate certificates for 
  7.15  persons with permanent, seasonal, and temporary disabilities 
  7.16  that can be readily distinguished from each other from outside a 
  7.17  vehicle at a distance of 25 feet.  The certificate is valid (1) 
  7.18  for six years, if the disability is specified in the physician's 
  7.19  or chiropractor's statement as permanent, and is valid (2) for a 
  7.20  period not to exceed six months, if the disability is specified 
  7.21  as temporary, and (3) for six years during the periods from 
  7.22  October 15 to April 15, if the disability is specified as 
  7.23  seasonal. 
  7.24     (b) (c) When the commissioner is satisfied that a motor 
  7.25  vehicle is used primarily for the purpose of transporting 
  7.26  seasonally or physically disabled persons, the division may 
  7.27  issue without charge (1) immediately, a temporary permit valid 
  7.28  for 30 days, if the operator is eligible for the certificate 
  7.29  issued under this paragraph, and (2) a special identifying 
  7.30  certificate for the vehicle.  The operator of a vehicle 
  7.31  displaying the certificate or temporary permit has the parking 
  7.32  privileges provided in subdivision 1 while the vehicle is in use 
  7.33  for transporting seasonally or physically disabled persons.  The 
  7.34  certificate issued to a person transporting seasonally or 
  7.35  physically disabled persons must be renewed every third year.  
  7.36  On application and renewal, the person must present evidence 
  8.1   that the vehicle continues to be used for transporting 
  8.2   seasonally or physically disabled persons. 
  8.3      (c) (d) A certificate must be made of plastic or similar 
  8.4   durable material and must bear its expiration date prominently 
  8.5   on both sides.  A certificate issued to a permanently physically 
  8.6   disabled person prior to January 1, 1994, must bear its 
  8.7   expiration date prominently on its face and will remain valid 
  8.8   until that date or December 31, 2000, whichever shall come 
  8.9   first.  A certificate issued to a temporarily disabled person 
  8.10  must display the date of expiration of the duration of the 
  8.11  disability, as determined under paragraph (a).  A certificate 
  8.12  issued to a seasonally disabled person must display the date 
  8.13  "April 15" and the year of its expiration.  Each applicant must 
  8.14  be provided a summary of the parking privileges and restrictions 
  8.15  that apply to each vehicle for which the certificate is used.  
  8.16  The commissioner may charge a fee of $5 for issuance or renewal 
  8.17  of a certificate or temporary permit, and a fee of $5 for a 
  8.18  duplicate to replace a lost, stolen, or damaged certificate or 
  8.19  temporary permit.  The commissioner shall not charge a fee for 
  8.20  issuing a certificate to a person who has paid a fee for 
  8.21  issuance of a temporary permit. 
  8.22     Subd. 4.  [UNAUTHORIZED USE; REVOCATION; PENALTY.] If a 
  8.23  peace officer or authorized agent of the citizen enforcement 
  8.24  program finds that the a certificate or temporary permit is 
  8.25  being improperly used, the officer or agent shall report the 
  8.26  violation to the division of driver and vehicle services in the 
  8.27  department of public safety and the commissioner of public 
  8.28  safety may revoke the certificate or temporary permit.  A person 
  8.29  who uses the a certificate or temporary permit in violation of 
  8.30  this section is guilty of a misdemeanor and is subject to a fine 
  8.31  of $500. 
  8.32     Sec. 3.  Minnesota Statutes 1996, section 169.346, is 
  8.33  amended to read: 
  8.34     169.346 [PARKING FOR PHYSICALLY DISABLED; PROHIBITIONS; 
  8.35  PENALTIES.] 
  8.36     Subdivision 1.  [PARKING CRITERIA.] A person shall not: 
  9.1      (1) park a motor vehicle in or obstruct access to a parking 
  9.2   space designated and reserved for the seasonally or physically 
  9.3   disabled, on either private or public property; 
  9.4      (2) park a motor vehicle in or obstruct access to an area 
  9.5   designated by a local governmental unit as a transfer zone for 
  9.6   disabled persons; 
  9.7      (3) exercise the parking privilege provided in section 
  9.8   169.345, unless:  
  9.9      (i) that person is a seasonally or physically disabled 
  9.10  person as defined in section 169.345, subdivision 2, or the 
  9.11  person is transporting or parking a vehicle for a seasonally or 
  9.12  physically disabled person; and 
  9.13     (ii) the vehicle visibly displays one of the following:  a 
  9.14  license plate issued under section 168.021, a certificate issued 
  9.15  under section 169.345, a temporary permit valid for 30 days 
  9.16  issued under section 168.021 or 169.345, or an equivalent 
  9.17  certificate, insignia, or license plate or tab issued by another 
  9.18  state, a foreign country, or one of its political subdivisions; 
  9.19  or 
  9.20     (4) park a motor vehicle in an area used as a regular route 
  9.21  transit stopping point where a transit vehicle that is 
  9.22  accessible to the seasonally or physically disabled regularly 
  9.23  stops and a sign that bears the international symbol of access 
  9.24  in white on blue is posted.  A sign posted under this clause may 
  9.25  display other information relating to the regular route transit 
  9.26  service.  For purposes of this clause, an area used as a regular 
  9.27  route transit stopping point consists of the 80 feet immediately 
  9.28  preceding the sign described in this clause. 
  9.29     Subd. 2.  [SIGNS; PARKING SPACES FREE OF OBSTRUCTIONS; 
  9.30  PENALTY.] (a) Parking spaces reserved for seasonally and 
  9.31  physically disabled persons must be designated and identified by 
  9.32  the posting of signs incorporating the international symbol of 
  9.33  access in white on blue and indicating that violators are 
  9.34  subject to a fine of up to $200.  These parking spaces are 
  9.35  reserved for disabled persons with vehicles displaying the 
  9.36  required certificate, license plates, special renewal tabs, 
 10.1   temporary permit valid for 30 days, or insignia.  Signs sold 
 10.2   after August 1, 1991, must conform to the design requirements in 
 10.3   this paragraph.  For purposes of this subdivision, a parking 
 10.4   space that is clearly identified as reserved for physically 
 10.5   disabled persons by a permanently posted sign that does not meet 
 10.6   all design standards, is considered designated and reserved 
 10.7   for seasonally and physically disabled persons.  A sign posted 
 10.8   for the purpose of this section must be visible from inside a 
 10.9   vehicle parked in the space, be kept clear of snow or other 
 10.10  obstructions which block its visibility, and be nonmovable or 
 10.11  only movable by authorized persons. 
 10.12     (b) The owner or manager of the property on which the 
 10.13  designated parking space is located shall ensure that the space 
 10.14  is kept free of obstruction.  If the owner or manager allows the 
 10.15  space to be blocked by snow, merchandise, or similar 
 10.16  obstructions for 24 hours after receiving a warning from a peace 
 10.17  officer, the owner or manager is guilty of a misdemeanor and 
 10.18  subject to a fine of up to $500. 
 10.19     Subd. 3.  [PENALTY; ENFORCEMENT.] A person who violates 
 10.20  subdivision 1 is guilty of a misdemeanor and shall be fined not 
 10.21  less than $100 or more than $200.  This subdivision shall be 
 10.22  enforced in the same manner as parking ordinances or regulations 
 10.23  in the governmental subdivision in which the violation occurs.  
 10.24  Law enforcement officers have the authority to tag vehicles 
 10.25  parked on either private or public property in violation of 
 10.26  subdivision 1.  A seasonally or physically disabled person, or a 
 10.27  person parking a vehicle for a seasonally or physically disabled 
 10.28  person, who is charged with violating subdivision 1 because the 
 10.29  person parked in a parking space for physically disabled persons 
 10.30  without the required certificate, license plates, or temporary 
 10.31  permit, shall not be convicted if the person produces in court 
 10.32  or before the court appearance the required certificate, 
 10.33  temporary permit, or evidence that the person has been issued 
 10.34  license plates under section 168.021, and demonstrates 
 10.35  entitlement to the certificate, plates, special renewal tabs, or 
 10.36  temporary permit at the time of arrest or tagging. 
 11.1      Subd. 4.  [LOCAL ORDINANCE; CITIZEN ENFORCEMENT PROGRAM.] A 
 11.2   statutory or home rule charter city may, by ordinance, establish 
 11.3   a program to enforce the parking restrictions of this section or 
 11.4   any similar local ordinance, relating to parking spaces for 
 11.5   the seasonally and physically disabled, by using citizen 
 11.6   volunteers to issue citations to violators.  The ordinance shall 
 11.7   contain a process for training program participants in the 
 11.8   requirements of the law, the method of issuing citations, and 
 11.9   other related matters.  Program participants who satisfy the 
 11.10  training requirements of the ordinance are authorized to issue 
 11.11  citations for violations of this section and are exempt from any 
 11.12  other training or licensure requirements imposed on law 
 11.13  enforcement officers by chapter 626. 
 11.14     Sec. 4.  [NOTICE.] 
 11.15     No later than August 1, 1997, the commissioner of public 
 11.16  safety shall notify the board of medical practice and the 
 11.17  chiropractic examiners board of the seasonal disability 
 11.18  certificates and renewal tabs, eligibility requirements and 
 11.19  procedures, and their availability beginning January 1, 1998.  
 11.20  The board shall assist the commissioner in providing similar 
 11.21  notice to physicians and chiropractors in Minnesota, to be made 
 11.22  by November 1, 1997.  Notice may be made by mail, by electronic 
 11.23  means, by publication, or by other process reasonably calculated 
 11.24  to notify physicians and chiropractors in Minnesota.  
 11.25     Sec. 5.  [EFFECTIVE DATE.] 
 11.26     Sections 1 to 3 are effective January 1, 1998.  Section 4 
 11.27  is effective the day following final enactment.