2000 Minnesota Statutes

     169.345 Parking privilege for physically disabled. 

    Subdivision 1.    Scope of privilege.  (a) A vehicle 
 that prominently displays the certificate authorized by this 
 section or that bears license 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 which does not 
 specifically prohibit the exercise of disabled parking 
 privileges in that space.  

 A person may park a 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 vehicle by hanging it from 
 the rearview mirror attached to the front windshield of the 
 vehicle.  If there is no rearview mirror or if the certificate 
 holder's disability precludes placing the certificate on the 
 mirror, the placard 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. 

    Subd. 2.    Definitions.  For the purpose of this 
 section, "physically disabled person" means a person who: 

    (1) because of disability cannot walk without significant 
 risk of falling; 

    (2) because of disability cannot walk 200 feet without 
 stopping to rest; 

    (3) because of disability cannot walk without the aid of 
 another person, a walker, a cane, crutches, braces, a prosthetic 
 device, or a wheelchair; 

    (4) is restricted by a respiratory disease to such an 
 extent that the person's forced (respiratory) expiratory volume 
 for one second, when measured by spirometry, is less than one 
 liter; 

    (5) has an arterial oxygen tension (PAO2) of less than 60 
 mm/Hg on room air at rest; 

    (6) uses portable oxygen; 

    (7) has a cardiac condition to the extent that the person's 
 functional limitations are classified in severity as class III 
 or class IV according to standards set by the American Heart 
 Association; 

    (8) has lost an arm or a leg and does not have or cannot 
 use an artificial limb; or 

    (9) has a disability that would be aggravated by walking 
 200 feet under normal environmental conditions to an extent that 
 would be life threatening.  

    Subd. 2a.    Physician's or chiropractor's statement.  
 (a) The commissioner shall develop a form for the physician's or 
 chiropractor's statement.  The statement must be signed by a 
 licensed physician or chiropractor who certifies that the 
 applicant is a physically disabled person as defined in 
 subdivision 2.  The commissioner may request additional 
 information from the physician or chiropractor if needed to 
 verify the applicant's eligibility.  The statement that the 
 applicant is a physically disabled person must specify whether 
 the disability is permanent or temporary, and if temporary, the 
 opinion of the physician or chiropractor as to the duration of 
 the disability.  A physician or chiropractor who fraudulently 
 certifies to the commissioner that a person is a physically 
 disabled person as defined in subdivision 2, and that the person 
 is entitled to the license plates authorized by section 168.021 
 or to the certificate authorized by this section, is guilty of a 
 misdemeanor and is subject to a fine of $500. 

    (b) The commissioner may waive the requirement of providing 
 a statement of a licensed physician or chiropractor, if the 
 applicant has previously filed with the commissioner a statement 
 of a licensed physician or chiropractor certifying that the 
 applicant has a permanent physical disability.  

    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 six years, if 
 the disability is specified in the physician's or chiropractor's 
 statement as permanent, and is valid for a period not to exceed 
 six months, if the disability is specified as temporary. 

    (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 only while the vehicle is actually 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.  When the 
 commissioner of public safety issues commercial certificates to 
 an organization, the commissioner shall require documentation 
 satisfactory to the commissioner from each organization that 
 procedures and controls have been implemented to ensure that the 
 parking privileges available under this section will not be 
 abused.  

    (c) A certificate must be made of plastic or similar 
 durable material and must bear its expiration date prominently 
 on both sides.  A certificate issued prior to January 1, 1994, 
 must bear its expiration date prominently on its face and will 
 remain valid until that date or December 31, 2000, whichever 
 shall come first.  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 applicant must be provided a summary of the parking 
 privileges and restrictions that apply to each vehicle for which 
 the certificate 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.  The commissioner 
 shall not issue more than three replacement certificates within 
 any six-year period without the approval of the council on 
 disability.  

    Subd. 4.    Unauthorized use; revocation; misdemeanor.  
 If a peace officer, authorized parking enforcement employee or 
 agent of a statutory or home rule charter city or town, or 
 authorized agent of the citizen enforcement program finds that 
 the certificate or temporary permit is being improperly used, 
 the officer, municipal employee, or agent 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. 

    Subd. 5.  Repealed, 1967 c 389 s 2 

    HIST: 1965 c 844 s 1-5; 1967 c 389 s 1; 1969 c 1129 art 1 s 
 15; Ex1971 c 27 s 10; 1977 c 22 s 1,2; 1979 c 31 s 1; 1979 c 277 
 s 4; 1985 c 248 s 70; 1986 c 444; 1987 c 355 s 7; 1988 c 642 s 
 7,8; 1989 c 209 art 1 s 17; 1989 c 234 s 3-5; 1989 c 301 s 3; 
 1990 c 497 s 11; 1991 c 301 s 4; 1993 c 98 s 4,5; 1994 c 536 s 
 20,21; 1995 c 85 s 2-4; 1999 c 238 art 2 s 16-18