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                                                      PRINTER'S NO. 1979

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1624 Session of 1999


        INTRODUCED BY MAYERNIK, GEORGE, STABACK, WALKO, CORRIGAN,
           DERMODY, DeWEESE, GEIST, GIGLIOTTI, HARHAI, HORSEY, LAUGHLIN,
           LEDERER, ORIE, PESCI, RUFFING, J. TAYLOR, WOJNAROSKI AND
           TRELLO, JUNE 9, 1999

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 9, 1999

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for person with disability plate
     3     and placard and for additional parking regulations; and
     4     making editorial changes.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1338(c) of Title 75 of the Pennsylvania
     8  Consolidated Statutes, amended December 21, 1998 (P.L.1126,
     9  No.151), is amended to read:
    10  § 1338.  Person with disability plate and placard.
    11     * * *
    12     (c)  Physician's statement.--
    13         (1)  Any person applying for a special plate or parking
    14     placard for persons with disabilities must present a
    15     statement, certified by a physician licensed to practice in
    16     this Commonwealth or in a contiguous state, that the person
    17     with a disability is disabled as provided in subsection (a).
    18         (2)  Any person applying for a renewal of registration of

     1     a special plate for persons with disabilities must comply
     2     with this subsection. Once a person with a disability has
     3     been duly certified by a physician as being disabled, as
     4     provided in subsection (a), the applicant need not submit a
     5     certification for subsequent renewals of registration for a
     6     special plate for persons with disabilities. A person who was
     7     issued a person with disability plate under this section and
     8     no longer qualifies for one shall not be charged a
     9     replacement fee for a regular registration plate upon payment
    10     of the regular registration fee.
    11         [(3)  In lieu of a physician's statement, a person
    12     applying for a special plate or parking placard may present a
    13     statement from a police officer certifying that the person
    14     does not have full use of a leg, or both legs, or is blind.]
    15         (4)  The department shall phase out existing handicapped
    16     placards as soon as practicable and issue a new series to
    17     persons who comply with this section.
    18     * * *
    19     Section 2.  Section 3354(d) of Title 75 is amended to read:
    20  § 3354.  Additional parking regulations.
    21     * * *
    22     (d)  [Handicapped persons] Persons with disabilities and
    23  disabled veterans.--
    24         (1)  When a motor vehicle bearing a [handicapped] person
    25     with disability or severely disabled veteran plate or
    26     displaying a [handicapped] person with disability or severely
    27     disabled veteran parking placard as prescribed in this title
    28     is being operated by or for the transportation of the
    29     [handicapped] person with a disability or severely disabled
    30     veteran, the driver shall be relieved of any liability for
    19990H1624B1979                  - 2 -

     1     parking for a period of 60 minutes in excess of the legal
     2     parking period permitted by local authorities except where
     3     local ordinances or police regulations provide for the
     4     accommodation of heavy traffic during morning, afternoon or
     5     evening hours.
     6         (2)  At the request of any [handicapped] person with a
     7     disability or severely disabled veteran whose request
     8     includes a statement of a physician and a statement of the
     9     chief of police both attesting to the need for a reserved
    10     parking place, local authorities [may] shall erect on the
    11     highway as close as possible to their place of residence a
    12     sign or signs indicating that that place is reserved for the
    13     [handicapped] person with a disability or severely disabled
    14     veteran, that no parking is allowed there by others, and that
    15     any unauthorized person parking there shall be subject to a
    16     fine.
    17         (3)  (i)  Except for persons parking vehicles lawfully
    18         bearing a [handicapped] person with disability or
    19         severely disabled veteran registration plate or
    20         displaying a [handicapped] person with disability or
    21         severely disabled veteran parking placard when such
    22         vehicles are being operated by or for the transportation
    23         of a [handicapped] person with a disability or a severely
    24         disabled veteran, no person shall park a vehicle on
    25         public or private property reserved for a [handicapped]
    26         person with a disability or severely disabled veteran
    27         which property has been so posted in accordance with
    28         departmental regulations which shall require a sign
    29         stating the penalty amount indicated in subsection (f), a
    30         sign indicating that vehicles in violation of the
    19990H1624B1979                  - 3 -

     1         subsection may be towed and require that signs be
     2         replaced when they become either obsolete or missing with
     3         all costs to replace the necessary signs to be borne by
     4         the persons responsible for signing the particular
     5         location. Any vehicle which is unlawfully parked in a
     6         designated [handicapped] person with disability parking
     7         area may be removed from that area by towing and may be
     8         reclaimed by the vehicle owner upon payment of the towing
     9         costs.
    10             (ii)  Local authorities shall have the power and may,
    11         by ordinance or resolution, authorize [handicapped]
    12         persons with disabilities and severely disabled veterans
    13         to issue statements to violators or violating vehicles
    14         for violation of subparagraph (i). The form of the
    15         statement shall be as prescribed by the local
    16         authorities.
    17     * * *
    18     Section 3.  This act shall take effect in 60 days.








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