SF 590

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; regulating special 
  1.3             license plates and parking privileges for persons with 
  1.4             a disability; imposing a penalty; amending Minnesota 
  1.5             Statutes 2002, sections 168.021; 169.345, subdivisions 
  1.6             2, 3, 4; 169.346, subdivisions 1, 2, 2a, 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, 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 person or a custodial parent or guardian of 
  1.17  a permanently physically disabled minor, the owner may apply for 
  1.18  and secure from the registrar of motor vehicles (1) immediately, 
  1.19  a temporary permit valid for 30 days, if the applicant is 
  1.20  eligible for the special plates issued under this paragraph, and 
  1.21  (2) two license plates with attached emblems, one plate to be 
  1.22  attached to the front, and one to the rear of the vehicle.  When 
  1.23  the owner first applies for the plates, the owner must submit a 
  1.24  physician's statement on a form developed by the commissioner 
  1.25  under section 169.345, or proof of physical disability provided 
  1.26  for in that section, except that no physician's statement or 
  2.1   proof of disability is required when an owner applies for plates 
  2.2   for one or more commercial motor vehicles that are specially 
  2.3   modified for and used exclusively by permanently physically 
  2.4   disabled persons. 
  2.5      (b) The owner of a motor vehicle may apply for and secure 
  2.6   (i) immediately, a temporary permit valid for 30 days, if the 
  2.7   person is eligible to receive the special plates issued under 
  2.8   this paragraph, and (ii) a set of special plates for a motor 
  2.9   vehicle if: 
  2.10     (1) the owner employs a permanently physically disabled 
  2.11  person who would qualify for special plates under this section; 
  2.12  and 
  2.13     (2) the owner furnishes the motor vehicle to the physically 
  2.14  disabled person for the exclusive use of that person in the 
  2.15  course of employment. 
  2.16     Subd. 1a.  [SCOPE OF PRIVILEGE.] If a physically disabled 
  2.17  person parks a vehicle displaying license plates described in 
  2.18  this section, or a temporary permit valid for 30 days and issued 
  2.19  to an eligible person awaiting receipt of the license plates 
  2.20  described in this section, or any person parks the vehicle for a 
  2.21  physically disabled person, that person shall be is entitled to 
  2.22  park the vehicle as provided in section 169.345.  
  2.23     Subd. 2.  [DESIGN OF PLATES; FURNISHING BY REGISTRAR.] The 
  2.24  registrar of motor vehicles shall design and furnish two license 
  2.25  number plates with attached emblems to each eligible owner.  The 
  2.26  emblem must bear the internationally accepted wheelchair symbol, 
  2.27  as designated in section 16B.61, subdivision 5, approximately 
  2.28  three inches square.  The emblem must be large enough to be 
  2.29  visible plainly from a distance of 50 feet.  An applicant 
  2.30  eligible for the special plates shall pay the motor vehicle 
  2.31  registration fee authorized by law. 
  2.32     Subd. 2a.  [PLATE RETURN, VEHICLE TRANSFER.] (a) When 
  2.33  vehicle ownership is transferred, the owner seller of the 
  2.34  vehicle shall remove the special plates from the vehicle and 
  2.35  return them to the registrar.  The buyer of the vehicle shall 
  2.36  repay the $1 credit for each month remaining in the registration 
  3.1   period for which the special plates were issued.  On returning 
  3.2   the plates and repaying the remaining credit,.  The buyer is 
  3.3   entitled to receive regular plates for the vehicle without 
  3.4   further cost for the rest remainder of the registration period. 
  3.5      (b) Notwithstanding section 168.12, subdivision 1, the 
  3.6   special plates may be transferred to a replacement motor vehicle 
  3.7   on notification to the registrar.  However, the special plates 
  3.8   may not be transferred unless the replacement motor vehicle (1) 
  3.9   is registered under section 168.017 or is a self-propelled 
  3.10  recreational vehicle, and (2) is owned or primarily operated by 
  3.11  the permanently physically disabled person. 
  3.12     (c) The transferor shall not receive the $1 credit for each 
  3.13  month the replacement vehicle is registered until the time of 
  3.14  renewal or first application for registration on the replacement 
  3.15  vehicle. 
  3.16     Subd. 2b.  [WHEN NOT ELIGIBLE.] On becoming ineligible for 
  3.17  the special plates, the owner of the vehicle shall remove the 
  3.18  special plates and return them to the registrar.  The owner 
  3.19  shall repay the $1 credit for each month remaining in the 
  3.20  registration period for which the special plates were issued.  
  3.21  On returning the plates and repaying the remaining credit,.  The 
  3.22  owner may receive regular plates for the vehicle without further 
  3.23  cost for the rest remainder of the registration period.  
  3.24     Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
  3.25  person who uses the plates or temporary permit provided under 
  3.26  this section on a motor vehicle in violation of this section is 
  3.27  guilty of a misdemeanor, and is subject to a fine of $500.  This 
  3.28  subdivision does not preclude a person who is not physically 
  3.29  disabled from operating a vehicle bearing the plates or 
  3.30  temporary permit if:  
  3.31     (1) the person is the owner of the vehicle and permits its 
  3.32  operation by a physically disabled person; 
  3.33     (2) the person operates the vehicle with the consent of the 
  3.34  owner who is physically disabled; or 
  3.35     (3) the person is the owner of the vehicle, is the 
  3.36  custodial parent or guardian of a permanently physically 
  4.1   disabled minor, and operates the vehicle to transport the minor. 
  4.2      (b) A driver who is not disabled is not entitled to the 
  4.3   parking privileges provided in this section and in section 
  4.4   169.346 unless parking the vehicle for a physically disabled 
  4.5   person. 
  4.6      Subd. 4.  [FEES; DISPOSITION.] All fees collected from the 
  4.7   sale of plates under this section shall must be deposited in the 
  4.8   state treasury to the credit of the highway user tax 
  4.9   distribution fund. 
  4.10     Subd. 5.  [DEFINITIONS.] For the purposes of this section, 
  4.11  the term "physically disabled person" has the meaning given it 
  4.12  in section 169.345.  
  4.13     Subd. 6.  [DRIVER'S LICENSE LAW NOT AFFECTED.] Nothing in 
  4.14  This section shall must not be construed to revoke, limit, or 
  4.15  amend chapter 171. 
  4.16     Sec. 2.  Minnesota Statutes 2002, section 169.345, 
  4.17  subdivision 2, is amended to read: 
  4.18     Subd. 2.  [DEFINITIONS.] For the purpose of this section,:  
  4.19     (a) "Commercial certificate" means a certificate that is 
  4.20  issued to an organization for a period of three years.  
  4.21     (b) "Long-term certificate" means a certificate that is 
  4.22  issued for a period greater than 12 months but not more than 71 
  4.23  months.  
  4.24     (c) "Permanent certificate" means a certificate that is 
  4.25  issued for a period of six years.  
  4.26     (d) "Physically disabled person" means a person who: 
  4.27     (1) because of disability cannot walk without significant 
  4.28  risk of falling; 
  4.29     (2) because of disability cannot walk 200 feet without 
  4.30  stopping to rest; 
  4.31     (3) because of disability cannot walk without the aid of 
  4.32  another person, a walker, a cane, crutches, braces, a prosthetic 
  4.33  device, or a wheelchair; 
  4.34     (4) is restricted by a respiratory disease to such an 
  4.35  extent that the person's forced (respiratory) expiratory volume 
  4.36  for one second, when measured by spirometry, is less than one 
  5.1   liter; 
  5.2      (5) has an arterial oxygen tension (PAO2) of less than 60 
  5.3   mm/Hg on room air at rest; 
  5.4      (6) uses portable oxygen; 
  5.5      (7) has a cardiac condition to the extent that the person's 
  5.6   functional limitations are classified in severity as class III 
  5.7   or class IV according to standards set by the American Heart 
  5.8   Association; 
  5.9      (8) has lost an arm or a leg and does not have or cannot 
  5.10  use an artificial limb; or 
  5.11     (9) has a disability that would be aggravated by walking 
  5.12  200 feet under normal environmental conditions to an extent that 
  5.13  would be life threatening.  
  5.14     (e) "Short-term certificate" means a certificate that is 
  5.15  issued for a period of at least seven months but not more than 
  5.16  12 months.  
  5.17     (f) "Temporary certificate" means a certificate that is 
  5.18  issued for a period not to exceed six months.  
  5.19     (g) "30-day permit" or "permit" means a permit that is 
  5.20  issued for a period of 30 days, in lieu of the certificate 
  5.21  referred to in subdivision 3, while the application is being 
  5.22  processed.  
  5.23     Sec. 3.  Minnesota Statutes 2002, section 169.345, 
  5.24  subdivision 3, is amended to read: 
  5.25     Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
  5.26  driver and vehicle services in the department of public safety 
  5.27  shall issue (1) immediately, a temporary permit valid for 30 
  5.28  days, if the person is eligible for the certificate issued under 
  5.29  this paragraph, and (2) a special identifying certificate for a 
  5.30  motor vehicle when a physically disabled applicant submits proof 
  5.31  of physical disability under subdivision 2a.  The commissioner 
  5.32  shall design separate certificates for persons with permanent 
  5.33  and temporary disabilities that can be readily distinguished 
  5.34  from each other from outside a vehicle at a distance of 25 
  5.35  feet.  The certificate is valid for six years, if the disability 
  5.36  is specified in the physician's or chiropractor's statement as 
  6.1   permanent, and is valid for a period not to exceed six months, 
  6.2   if the disability is specified as temporary. 
  6.3      (b) When the commissioner is satisfied that a motor vehicle 
  6.4   is used primarily for the purpose of transporting physically 
  6.5   disabled persons, the division may issue without additional 
  6.6   charge (1) immediately, a temporary permit valid for 30 days, if 
  6.7   the operator is eligible for the certificate issued under this 
  6.8   paragraph, and (2) a special identifying certificate for the 
  6.9   vehicle.  The operator of a vehicle displaying the certificate 
  6.10  or temporary permit has the parking privileges provided in 
  6.11  subdivision 1 only while the vehicle is actually in use for 
  6.12  transporting physically disabled persons.  The certificate 
  6.13  issued to a person transporting physically disabled persons must 
  6.14  be renewed every third year.  On application and renewal, the 
  6.15  person must present evidence that the vehicle continues to be 
  6.16  used for transporting physically disabled persons.  When the 
  6.17  commissioner of public safety issues commercial certificates to 
  6.18  an organization, the commissioner shall require documentation 
  6.19  satisfactory to the commissioner from each organization that 
  6.20  procedures and controls have been implemented to ensure that the 
  6.21  parking privileges available under this section will not be 
  6.22  abused.  
  6.23     (c) A certificate must be made of plastic or similar 
  6.24  durable material and must bear its expiration date prominently 
  6.25  on both sides.  A certificate issued prior to January 1, 1994, 
  6.26  must bear its expiration date prominently on its face and will 
  6.27  remain valid until that date or December 31, 2000, whichever 
  6.28  shall come first.  A certificate issued to a temporarily 
  6.29  disabled person must display the date of expiration of the 
  6.30  duration of the disability, as determined under paragraph (a).  
  6.31  Each applicant must be provided a summary of the parking 
  6.32  privileges and restrictions that apply to each vehicle for which 
  6.33  the certificate is used.  The commissioner may charge a fee of 
  6.34  $5 for issuance or renewal of a temporary or short-term 
  6.35  certificate or temporary permit, and a fee of $5 for a duplicate 
  6.36  to replace a lost, stolen, or damaged temporary or short-term 
  7.1   certificate or temporary permit.  The commissioner shall not 
  7.2   charge a fee for issuing a certificate to a person who has paid 
  7.3   a fee for issuance of a temporary permit.  The commissioner 
  7.4   shall not issue more than three replacement certificates within 
  7.5   any six-year period without the approval of the council on 
  7.6   disability.  
  7.7      Sec. 4.  Minnesota Statutes 2002, section 169.345, 
  7.8   subdivision 4, is amended to read: 
  7.9      Subd. 4.  [UNAUTHORIZED USE; REVOCATION; MISDEMEANOR.] If a 
  7.10  peace officer, authorized parking enforcement employee or agent 
  7.11  of a statutory or home rule charter city or town, representative 
  7.12  of the Minnesota State Council on Disability, or authorized 
  7.13  agent of the citizen enforcement program finds that the 
  7.14  certificate or temporary permit is being improperly used or the 
  7.15  applicant is no longer eligible, the officer, municipal 
  7.16  employee, representative, or agent shall make a report of the 
  7.17  situation or violation to the division of driver and vehicle 
  7.18  services in the department of public safety and the commissioner 
  7.19  of public safety may revoke the certificate or temporary permit 
  7.20  for improper use or may require the person to obtain a new 
  7.21  statement as outlined in subdivision 2a.  A person who uses the 
  7.22  certificate or temporary permit in violation of this section is 
  7.23  guilty of a misdemeanor and is subject to a fine of $500. 
  7.24     Sec. 5.  Minnesota Statutes 2002, section 169.346, 
  7.25  subdivision 1, is amended to read: 
  7.26     Subdivision 1.  [DISABILITY PARKING SPACE PROHIBITIONS 
  7.27  CRITERIA.] A person shall not: 
  7.28     (1) park a motor vehicle in or obstruct access to a parking 
  7.29  space or associated access aisle designated and reserved for the 
  7.30  physically disabled, on either private or public property; 
  7.31     (2) park a motor vehicle in or obstruct access to an area 
  7.32  designated by a local governmental unit as a transfer zone for 
  7.33  disabled persons; 
  7.34     (3) exercise the parking privilege provided in section 
  7.35  169.345, unless:  
  7.36     (i) that person is a physically disabled person as defined 
  8.1   in section 169.345, subdivision 2, or the person is transporting 
  8.2   or parking a vehicle for a physically disabled person; and 
  8.3      (ii) the vehicle visibly displays one of the following:  a 
  8.4   license plate issued under section 168.021, a certificate issued 
  8.5   under section 169.345, a temporary permit valid for 30 days 
  8.6   issued under section 168.021 or 169.345, or an equivalent 
  8.7   certificate, insignia, or license plate issued by another state, 
  8.8   a foreign country, or one of its political subdivisions; or 
  8.9      (4) park a motor vehicle in an area used as a regular route 
  8.10  transit stopping point where a transit vehicle that is 
  8.11  accessible to the physically disabled regularly stops and a sign 
  8.12  that bears the international symbol of access in white on blue 
  8.13  is posted.  A sign posted under this clause may display other 
  8.14  information relating to the regular route transit service.  For 
  8.15  purposes of this clause, an area used as a regular route transit 
  8.16  stopping point consists of the 80 feet immediately preceding the 
  8.17  sign described in this clause. 
  8.18     Sec. 6.  Minnesota Statutes 2002, section 169.346, 
  8.19  subdivision 2, is amended to read: 
  8.20     Subd. 2.  [DISABILITY PARKING SPACE SIGNS; DESIGN, 
  8.21  VISIBILITY, PENALTY.] (a) Parking spaces reserved for physically 
  8.22  disabled persons must be designated and identified by the 
  8.23  posting of signs incorporating the international symbol of 
  8.24  access in white on blue and indicating that violators are 
  8.25  subject to a fine of up to $200.  These parking spaces are 
  8.26  reserved for disabled persons with vehicles displaying the 
  8.27  required certificate, license plates, temporary permit valid for 
  8.28  30 days, or insignia.  Signs sold after August 1, 1991 2004, 
  8.29  must conform to the design requirements in this paragraph.  
  8.30     (b) For purposes of this subdivision, a parking space that 
  8.31  is clearly identified as reserved for physically disabled 
  8.32  persons by a permanently posted sign that does not meet all 
  8.33  design standards, is considered designated and reserved for 
  8.34  physically disabled persons.  A sign posted for the purpose of 
  8.35  this section must be visible from inside a vehicle parked in the 
  8.36  space, be kept clear of snow or other obstructions which block 
  9.1   its visibility, and be nonmovable or only movable by authorized 
  9.2   persons. 
  9.3      Sec. 7.  Minnesota Statutes 2002, section 169.346, 
  9.4   subdivision 2a, is amended to read: 
  9.5      Subd. 2a. [PARKING SPACE AREA FREE OF OBSTRUCTION; 
  9.6   PENALTY.] The owner or manager of the property on which the 
  9.7   designated parking space is located shall ensure that 
  9.8   the parking space is and associated access aisle are kept free 
  9.9   of obstruction.  If the owner or manager allows the parking 
  9.10  space or access aisle to be blocked by snow, merchandise, or 
  9.11  similar obstructions for 24 hours after receiving a warning from 
  9.12  a peace officer, the owner or manager is guilty of a misdemeanor 
  9.13  and subject to a fine of up to $500. 
  9.14     Sec. 8.  Minnesota Statutes 2002, section 169.346, 
  9.15  subdivision 3, is amended to read: 
  9.16     Subd. 3.  [MISDEMEANOR FINE; ENFORCEMENT.] (a) A person who 
  9.17  violates subdivision 1 is guilty of a misdemeanor and shall must 
  9.18  be fined not less than $100 or and not more than $200.  A 
  9.19  person, whether or not the person is displaying valid 
  9.20  identification complying with subdivision 1, who violates 
  9.21  subdivision 1 by parking a motor vehicle in, or obstructing 
  9.22  access to, an access aisle is guilty of a misdemeanor and must 
  9.23  be fined not less than $100 and not more than $200. 
  9.24     (b) This subdivision shall must be enforced in the same 
  9.25  manner as parking ordinances or regulations in the governmental 
  9.26  subdivision in which the violation occurs.  Law enforcement 
  9.27  officers have the authority to tag vehicles parked on either 
  9.28  private or public property in violation of subdivision 1.  
  9.29  Parking enforcement employees or agents of statutory or home 
  9.30  rule charter cities or towns have the authority to tag or 
  9.31  otherwise issue citations for vehicles parked on public property 
  9.32  in violation of subdivision 1. 
  9.33     (c) If a holder of a disability certificate or disability 
  9.34  plates allows a person who is not otherwise eligible to use the 
  9.35  certificate or plates, then the holder shall is not be eligible 
  9.36  to be issued or to use a disability certificate or plates for 12 
 10.1   months after the date of violation.  A physically disabled 
 10.2   person, or a person parking a vehicle for a disabled person, who 
 10.3   is charged with violating subdivision 1 because the person 
 10.4   parked in a parking space for physically disabled persons 
 10.5   without the required certificate, license plates, or temporary 
 10.6   permit shall must not be convicted if the person produces in 
 10.7   court or before the court appearance the required 
 10.8   certificate, temporary permit, or evidence that the person has 
 10.9   been issued license plates under section 168.021, and 
 10.10  demonstrates entitlement to the certificate, plates, 
 10.11  or temporary permit at the time of arrest or tagging.