Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 98-S.F.No. 561 
           An act relating to traffic regulations; directing 
          commissioner of public safety to issue temporary 
          permit immediately to applicant for special disabled 
          license plates or parking certificate; providing 
          penalty for unauthorized use of temporary permit; 
          amending Minnesota Statutes 1992, sections 168.021, 
          subdivisions 1, 1a, and 3; 169.345, subdivisions 3 and 
          4; and 169.346, subdivisions 1, 2, and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 168.021, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SPECIAL PLATES; APPLICATION.] (a) When a 
motor vehicle registered under section 168.017, a motorcycle, 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 
registrar of motor vehicles (1) immediately, a temporary permit 
valid for 30 days, if the applicant is eligible for the special 
plates issued under this paragraph, and (2) two license plates 
with attached emblems, one plate to be attached to the front, 
and one to the rear of the vehicle.  Application for the plates 
must be made at the time of renewal or first application for 
registration.  When the owner first applies for the plates, the 
owner must submit a physician's statement on a form developed by 
the commissioner under section 169.345, or proof of physical 
disability provided for in that section. 
    (b) The owner of a motor vehicle may apply for and 
secure (i) immediately, a temporary permit valid for 30 days, if 
the person is eligible to receive the special plates issued 
under this paragraph, and (ii) a set of special plates for a 
motor vehicle if: 
    (1) the owner employs a permanently physically disabled 
person who would qualify for special plates 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. 
    Sec. 2.  Minnesota Statutes 1992, section 168.021, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [SCOPE OF PRIVILEGE.] If a physically disabled 
person parks a vehicle displaying license plates described in 
this section, or a temporary permit valid for 30 days and issued 
to an eligible person awaiting receipt of the license plates 
described in this section, or any person parks the vehicle for a 
physically disabled person, that person shall be entitled to 
park the vehicle as provided in section 169.345.  
    Sec. 3.  Minnesota Statutes 1992, section 168.021, 
subdivision 3, is amended to read: 
    Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
person who uses the plates or temporary 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 vehicle bearing the plates or 
temporary permit if:  
    (1) the person is the owner of the vehicle and permits its 
operation by a physically disabled person; 
    (2) the person operates the vehicle with the consent of the 
owner who is physically disabled; or 
    (3) the person is the owner of the vehicle, is the 
custodial parent or guardian of a permanently physically 
disabled minor, and operates the 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 vehicle for a physically disabled 
person. 
    Sec. 4.  Minnesota Statutes 1992, section 169.345, 
subdivision 3, is amended to read: 
    Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
driver and vehicle services in the department of public safety 
shall issue (1) immediately, a temporary permit valid for 30 
days, if the person is eligible for the certificate issued under 
this paragraph, and (2) a special identifying certificate for a 
motor vehicle when 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 vehicle at a distance of 25 
feet.  The certificate is valid for the duration of the person's 
disability, as specified in the physician's or chiropractor's 
statement, up to a maximum of six years.  A person with a 
disability of longer duration will be required to renew the 
certificate for additional periods of time, up to six years 
each, as specified in the physician's or chiropractor's 
statement. 
    (b) When the commissioner is satisfied that a motor vehicle 
is used primarily for the purpose of transporting physically 
disabled persons, the division may issue without charge (1) 
immediately, a temporary permit valid for 30 days, if the 
operator is eligible for the certificate issued under this 
paragraph, and (2) a special identifying certificate for the 
vehicle.  The operator of a vehicle displaying the 
certificate or temporary permit has the parking privileges 
provided in subdivision 1 while the vehicle is in use for 
transporting physically disabled persons.  The certificate 
issued to a person transporting physically disabled persons must 
be renewed every third year.  On application and renewal, the 
person must present evidence that the vehicle continues to be 
used for transporting physically disabled persons. 
    (c) A certificate must be made of plastic or similar 
durable material, must be distinct from certificates issued 
before January 1, 1988, and must bear its expiration date 
prominently on its face.  A certificate issued to a temporarily 
disabled person must display the date of expiration of the 
duration of the disability, as determined under paragraph (a).  
Each certificate must have printed on the back a summary of the 
parking privileges and restrictions that apply to each vehicle 
in which it is used.  The commissioner may charge a fee of $5 
for issuance or renewal of a certificate or temporary permit, 
and a fee of $5 for a duplicate to replace a lost, stolen, or 
damaged certificate or temporary permit.  The commissioner shall 
not charge a fee for issuing a certificate to a person who has 
paid a fee for issuance of a temporary permit. 
    Sec. 5.  Minnesota Statutes 1992, section 169.345, 
subdivision 4, is amended to read: 
    Subd. 4.  [UNAUTHORIZED USE; REVOCATION; PENALTY.] If a 
peace officer finds that the certificate or temporary permit is 
being improperly used, the officer shall report the violation to 
the division of driver and vehicle services in the department of 
public safety and the commissioner of public safety may revoke 
the certificate or temporary permit.  A person who uses the 
certificate or temporary permit in violation of this section is 
guilty of a misdemeanor and is subject to a fine of $500. 
    Sec. 6.  Minnesota Statutes 1992, section 169.346, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PARKING CRITERIA.] 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; or 
    (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. 
    Sec. 7.  Minnesota Statutes 1992, section 169.346, 
subdivision 2, is amended to read: 
    Subd. 2.  [SIGNS; PARKING SPACES FREE OF OBSTRUCTIONS; 
PENALTY.] (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. 
Signs sold after August 1, 1991, must conform to the design 
requirements in this paragraph.  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. 
    (b) The owner or manager of the property on which the 
designated parking space is located shall ensure that the space 
is kept free of obstruction.  If the owner or manager allows the 
space to be blocked by snow, merchandise, or similar 
obstructions for 24 hours after receiving a warning from a peace 
officer, the owner or manager is guilty of a misdemeanor and 
subject to a fine of up to $500. 
    Sec. 8.  Minnesota Statutes 1992, section 169.346, 
subdivision 3, is amended to read: 
    Subd. 3.  [PENALTY; ENFORCEMENT.] A person who violates 
subdivision 1 is guilty of a misdemeanor and shall be fined not 
less than $100 or more than $200.  This subdivision shall be 
enforced in the same manner as parking ordinances or regulations 
in the governmental subdivision in which the violation occurs.  
Law enforcement officers have the authority to tag vehicles 
parked on either private or public property in violation of 
subdivision 1.  A physically disabled person, or a person 
parking a 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 or, license plates, or temporary permit shall not be 
convicted if the person produces in court or before the court 
appearance the required certificate, temporary permit, or 
evidence that the person has been issued license plates under 
section 168.021, and demonstrates entitlement to the certificate 
or, plates, or temporary permit at the time of arrest or tagging.
    Presented to the governor May 6, 1993 
    Signed by the governor May 7, 1993, 2:47 p.m.