PRINTER'S NO. 2698

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2091 Session of 1988


        INTRODUCED BY FOX, McHALE, E. Z. TAYLOR, FISCHER, MRKONIC,
           MAINE, NAHILL, STABACK, DURHAM, KOSINSKI, LEVDANSKY, KASUNIC,
           RAYMOND, VEON, MELIO, BOWSER, GEIST, BOOK, SERAFINI, MAIALE,
           HOWLETT, ACOSTA AND OLASZ, JANUARY 5, 1988

        REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 5, 1988

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for handicapped placards and for
     3     parking regulations; requiring certain public buildings to
     4     have handicapped parking spaces; and further providing for
     5     penalties.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1338 of Title 75 of the Pennsylvania
     9  Consolidated Statutes is amended by adding a subsection to read:
    10  § 1338.  Handicapped plate and placard.
    11     * * *
    12     (c.1)  Temporary and permanent placards.--Notwithstanding any
    13  other provision of law, the department, to prevent abuse of
    14  handicapped parking placards, shall provide for the issuance of
    15  permanent and temporary handicapped parking placards.
    16     * * *
    17     Section 2.  Section 3354(d) and (f) of Title 75 are amended
    18  to read:


     1  § 3354.  Additional parking regulations.
     2     * * *
     3     (d)  Handicapped persons and disabled veterans.--
     4         (1)  When a motor vehicle bearing a handicapped or
     5     severely disabled veteran plate or displaying a handicapped
     6     or severely disabled veteran parking placard as prescribed in
     7     this title is being operated by or for the transportation of
     8     the handicapped person or severely disabled veteran, the
     9     driver shall be relieved of any liability for parking for a
    10     period of 60 minutes in excess of the legal parking period
    11     permitted by local authorities except where local ordinances
    12     or police regulations provide for the accommodation of heavy
    13     traffic during morning, afternoon or evening hours.
    14         (2)  At the request of any handicapped person or severely
    15     disabled veteran, local authorities may erect on the highway
    16     as close as possible to their place of residence a sign or
    17     signs indicating that that place is reserved for the
    18     handicapped person or severely disabled veteran, that no
    19     parking is allowed there by others, and that any unauthorized
    20     person parking there shall be subject to a fine.
    21         (3)  Except for persons parking vehicles lawfully bearing
    22     a handicapped or severely disabled veteran registration plate
    23     or displaying a handicapped or severely disabled veteran
    24     parking placard when such vehicles are being operated by or
    25     for the transportation of a handicapped person or a severely
    26     disabled veteran, no person shall park a vehicle on public or
    27     private property reserved for a handicapped person or
    28     severely disabled veteran which property has been so posted
    29     in accordance with departmental regulations. Local
    30     authorities may arrange for the towing of any vehicle parked
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     1     in violation of the provisions of this paragraph.
     2         (4)  Churches, hotels, hospitals, nursing homes, schools,
     3     commercial stores, theaters, sports arenas, restaurants,
     4     airports, shopping centers, other public buildings and
     5     apartments which have interior dining facilities open to the
     6     public and which maintain parking lots for the use of their
     7     customers shall erect and maintain at their own expense at
     8     least four handicapped parking spaces, one of which shall be
     9     of sufficient size to accommodate a van designed to transport
    10     handicapped persons, for every 50 parking spaces. The
    11     handicapped parking spaces shall be marked by a sign which
    12     shall be erected and maintained in accordance with
    13     departmental regulations.
    14     * * *
    15     (f)  Penalty.--Any person violating subsection (a), (b) or
    16  (d)(1) is guilty of a summary offense and shall, upon
    17  conviction, be sentenced to pay a fine of not more than $15. Any
    18  person violating subsection (d)(2) or [(3)] (4) or (e) is guilty
    19  of a summary offense and shall, upon conviction, be sentenced to
    20  pay a fine of not less than $15 nor more than $50. Any person
    21  violating subsection (d)(3) is guilty of a summary offense and
    22  shall, upon conviction, be sentenced to pay a fine of $100.
    23     Section 3.  This act shall take effect in 60 days.





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