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SF 478

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:45am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to motor vehicles; providing for disability motorcycle plate; amending
Minnesota Statutes 2010, sections 168.021; 169.345, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2010, section 168.021, is amended to read:


168.021 PLATES FOR PHYSICALLY DISABLED PERSONS.

Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered
under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated
capacity of one ton and resembling a 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 vehiclenew text begin, truck, or recreational vehicle, or, in the case of a motorcycle,
one disability plate the same size as a regular motorcycle plate
new text end.

(b) The commissioner shall not issue more than one new text beginplate to the owner of a
motorcycle and not more than one
new text endset of plates to any owner of deleted text begina motordeleted text endnew text begin anothernew text end vehicle
new text begin described in paragraph (a) new text endat the same time unless the state Council on Disability approves
the issuance of a second new text beginplate or new text endset of plates to deleted text begina motor vehicledeleted text endnew text begin annew text end owner.

(c) When the owner first applies for the disability new text beginplate or new text endplates, 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 deleted text beginof a motor
vehicle
deleted text end applies for new text begina plate or new text endplates for one or more deleted text beginmotordeleted text end vehicles new text beginlisted in paragraph (a)
new text endthat are specially modified for and used exclusively by permanently physically disabled
persons.

(e) The owner of a deleted text beginmotordeleted text end vehicle new text beginlisted in paragraph (a) new text endmay apply for and secure
(i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the
disability new text beginplate or new text endplates issued under this section, and (ii) a deleted text beginset ofdeleted text end disability new text beginplate or new text endplates
for deleted text begina motordeleted text end new text beginthe new text endvehicle if:

(1) the owner employs a permanently physically disabled person who would qualify
for new text beginthe new text enddisability new text beginplate or new text endplates 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.

Subd. 1a.

Scope of privilege.

If a physically disabled person parks a deleted text beginmotordeleted text end
vehiclenew text begin described in subdivision 1,new text end displaying the disability new text beginplate or new text endplates described in
this section, or a permit valid for 30 days and issued to an eligible person awaiting receipt
of the disability new text beginplate or new text endplates described in this section, or any person parks the motor
vehicle for a physically disabled person, that person is entitled to park the motor vehicle
as provided in section 169.345.

Subd. 2.

Plate design; furnished by commissioner.

The commissioner shall design
and furnish two disability platesnew text begin, or one disability plate for a motorcycle that is the same
size as a regular motorcycle plate,
new text end with attached new text beginemblem or new text endemblems 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 new text begina new text enddisability new text beginplate or new text endplates shall pay the motor vehicle registration fee authorized
by sections 168.013 and 168.09.

Subd. 2a.

Plate transfer.

(a) When deleted text beginmotor vehicledeleted text end ownership new text beginof a vehicle described
in subdivision 1,
new text endis transferred, the owner of the deleted text beginmotordeleted text end vehicle shall remove the disability
new text begin plate or new text endplates. The buyer of the motor vehicle is entitled to receive new text begina new text endregular new text beginplate or new text endplates
for the deleted text beginmotordeleted text end vehicle without further cost for the remainder of the registration period.

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

Subd. 2b.

When not eligible.

On becoming ineligible for the disability new text beginplate
or
new text endplates, the owner of the motor vehicle shall remove the disability new text beginplate or new text endplates.
The owner may receive regular plates for the deleted text beginmotordeleted text end vehicle without further cost for the
remainder of the registration period.

Subd. 3.

Penalties for unauthorized use of plates.

(a) A person who uses the
disability new text beginplate or new text endplates or permit provided under this section on a motor vehicle in
violation of this section is guilty of a misdemeanor, and is subject to a fine of $500. This
subdivision does not preclude a person who is not physically disabled from operating a
deleted text begin motordeleted text end vehicle bearing the disability plates or permit if:

(1) the person is the owner of the deleted text beginmotordeleted text end vehicle new text begindescribed in subdivision 1 new text endand
permits its operation by a physically disabled person;

(2) the person operates the deleted text beginmotordeleted text end vehicle with the consent of the owner who is
physically disabled; or

(3) the person is the owner of the deleted text beginmotordeleted text end vehicle, is the custodial parent or guardian
of a permanently physically disabled minor, and operates the deleted text beginmotordeleted text end vehicle to transport
the minor.

(b) A driver who is not disabled is not entitled to the parking privileges provided
in this section and in section 169.346 unless parking the deleted text beginmotordeleted text end vehicle for a physically
disabled person.

Subd. 4.

Fees; disposition.

All fees collected from the sale of new text begina new text enddisability new text beginplate or
new text endplates under this section must be deposited in the state treasury to the credit of the vehicle
services operating account under section 299A.705, subdivision 1.

Subd. 5.

Definitions.

For the purposes of this section, the term "physically disabled
person" has the meaning given it in section 169.345, subdivision 2.

Subd. 6.

Driver's license law not affected.

This section must not be construed to
revoke, limit, or amend chapter 171.

Sec. 2.

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


Subdivision 1.

Scope of privilege.

(a) A deleted text beginmotordeleted text end vehicle new text begindescribed in section 168.021,
subdivision 1, paragraph (a),
new text endthat prominently displays the certificate authorized by this
section or that bears new text beginthe new text enddisability new text beginplate or new text endplates 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 deleted text begina motordeleted text endnew text begin thenew text end 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 vehiclenew text begin or, in
the case of a motorcycle, is secured to the vehicle
new text end. 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 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 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. 3.

Minnesota Statutes 2010, 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 deleted text beginmotordeleted text end vehicle new text begindescribed in section 168.021,
subdivision 1, paragraph (a),
new text endwhen 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 deleted text beginmotordeleted text end vehicle at a distance of 25 feetnew text begin or, in
the case of a motorcycle, can be readily secured to the motorcycle
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 deleted text beginmotordeleted text end vehicle displaying a certificate has the parking
privileges provided in subdivision 1 only while the deleted text beginmotordeleted text end 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.