PRINTER'S NO. 3182
No. 2272 Session of 2005
INTRODUCED BY HARHAI, CALTAGIRONE, CREIGHTON, GERGELY, GINGRICH, KOTIK, LaGROTTA, TANGRETTI, WATERS AND YOUNGBLOOD, NOVEMBER 28, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 28, 2005
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for special registration plates 3 and parking placards for persons with disabilities. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 1338 of Title 75 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 [§ 1338. Person with disability plate and placard. 9 (a) Person with disability plate.--On the application of any 10 person who: 11 (1) is blind; 12 (2) does not have full use of an arm or both arms; 13 (3) cannot walk 200 feet without stopping to rest; 14 (4) cannot walk without the use of, or assistance from, 15 a brace, cane, crutch, another person, prosthetic device, 16 wheelchair or other assistive device; 17 (5) is restricted by lung disease to such an extent that 18 the person's forced (respiratory) expiratory volume for one
1 second, when measured by spirometry, is less than one liter 2 or the arterial oxygen tension is less than 60 mm/hg on room 3 air at rest; 4 (6) uses portable oxygen; 5 (7) has a cardiac condition to the extent that the 6 person's functional limitations are classified in severity as 7 Class III or Class IV according to the standards set by the 8 American Heart Association; 9 (8) is severely limited in his or her ability to walk 10 due to an arthritic, neurological or orthopedic condition; or 11 (9) is a person in loco parentis of a person specified 12 in paragraph (1), (2), (3), (4), (5), (6), (7) or (8); 13 the department shall issue a special registration plate for one 14 passenger car or truck with a registered gross weight of not 15 more than 9,000 pounds, designating the vehicle so licensed as 16 being used by a person with a disability. Special plates for 17 persons with disabilities may also be issued for vehicles 18 operated exclusively for the use and benefit of persons with 19 disabilities. In the case of a motorcycle, the department shall 20 issue a decal containing the international symbol for access for 21 persons with disabilities for display on the registration plate. 22 (b) Person with disability parking placard.--On the initial 23 application or renewal application of any person who meets the 24 qualifications of subsection (a), the department shall issue one 25 special parking placard of such size and design as the 26 department shall specify, designating the vehicle in which it is 27 displayed as being used for the transportation of persons with 28 disabilities. When parking the designated vehicle, the person 29 with disability parking placard shall be prominently displayed 30 in such a manner that it may be viewed from the front and rear 20050H2272B3182 - 2 -
1 of the vehicle by hanging it from the front windshield rearview 2 mirror of a vehicle only when that vehicle is utilizing a 3 parking space reserved for persons with disabilities. When there 4 is no rearview mirror, or the placard is not designed in such a 5 manner to accommodate hanging from a rearview mirror, the 6 placard shall be displayed on the dashboard. Placards may also 7 be issued for use in vehicles when operated for the use and 8 benefit of persons with disabilities provided that a person with 9 a disability is being transported in the vehicle. Organizations 10 that transport persons with disabilities shall upon application 11 be issued not more than eight placards in the organization's 12 name. These placards may be used in a vehicle of the 13 organization or the personal vehicle of an employee or volunteer 14 of the organization when the employee or volunteer operates the 15 vehicle for the benefit and use of persons with disabilities 16 provided that a person with a disability is being transported in 17 the vehicle. 18 (c) Health care provider's statement.-- 19 (1) Any person applying for a special plate or parking 20 placard for persons with disabilities must present a 21 statement, certified by a physician, podiatrist, 22 chiropractor, physician assistant or certified registered 23 nurse practitioner licensed or certified to practice in this 24 Commonwealth or in a contiguous state, that the person with a 25 disability is disabled as provided in subsection (a). 26 (2) Any person applying for a renewal of registration of 27 a special plate for persons with disabilities must comply 28 with this subsection. Once a person with a disability has 29 been duly certified by a physician, podiatrist, chiropractor, 30 physician assistant or certified registered nurse 20050H2272B3182 - 3 -
1 practitioner as being disabled, as provided in subsection 2 (a), the applicant need not submit a certification for 3 subsequent renewals of registration for a special plate for 4 persons with disabilities. A person who was issued a person 5 with disability plate under this section and no longer 6 qualifies for one shall not be charged a replacement fee for 7 a regular registration plate upon payment of the regular 8 registration fee. 9 (3) In lieu of a health care provider's statement, a 10 person applying for a special plate or parking placard may 11 present a statement from a police officer certifying that the 12 person does not have full use of a leg, or both legs, or is 13 blind. 14 (4) The department shall phase out existing handicapped 15 placards as soon as practicable and issue a new series to 16 persons who comply with this section. 17 (c.1) Return of plates and placard.--Upon the death of a 18 person to whom a plate or placard has been issued under this 19 section, the plate or placard shall be void 30 days after death 20 and shall not be displayed on any vehicle. The personal 21 representative of the deceased shall return the plate to the 22 department. If there is no personal representative, the spouse 23 or, if there is no spouse, the next of kin of the deceased shall 24 return the plate or placard to the department. 25 (c.2) Authorized use.--This section shall not preclude the 26 operation of a vehicle which bears a person with disability 27 plate when the vehicle is not being used for the benefit of the 28 person with a disability or when the person with a disability is 29 not present in the vehicle, provided the driver does not use or 30 attempt to use any special privilege or benefit otherwise 20050H2272B3182 - 4 -
1 accorded to vehicles displaying the plate. 2 (d) Penalty.--Any person violating this section commits a 3 summary offense and shall, upon conviction, be sentenced to pay 4 a fine of not more than $100. 5 (e) Definitions.--As used in this section, the following 6 words and phrases shall have the meanings given to them in this 7 subsection: 8 "Chiropractor." A chiropractor acting within the scope of 9 practice contained in the act of December 16, 1986 (P.L.1646, 10 No.188), known as the Chiropractic Practice Act. 11 "Podiatrist." A podiatrist acting within the scope of 12 practice contained in the act of March 2, 1956 (1955 P.L.1206, 13 No.375), known as the Podiatry Practice Act.] 14 Section 2. Title 75 is amended by adding a section to read: 15 § 1338.1. Special registration plate and parking placard for 16 person with disability. 17 (a) Special registration plate.-- 18 (1) (i) The owner of a vehicle may apply to the 19 department for a disability registration plate if a 20 physician certifies that the applicant or a member of the 21 applicant's household is a person with a disability. 22 (ii) An organization that owns a vehicle may apply 23 to the department for a disability registration plate for 24 that vehicle if the organization certifies that the 25 vehicle is used exclusively to transport persons with 26 disabilities. 27 (2) A person with a disability is a person who has a 28 physical impairment that permanently limits or impairs the 29 ability to walk and who satisfies at least one of the 30 following conditions: 20050H2272B3182 - 5 -
1 (i) Cannot walk 200 feet without stopping to rest. 2 (ii) Cannot walk without use of or assistance from a 3 brace, cane, crutch, another person, prosthetic device or 4 other assistive device. 5 (iii) Requires use of a wheelchair for mobility. 6 (iv) Is restricted by lung disease to such an extent 7 that the person's forced respiratory expiratory volume 8 for one second, when measured by spirometry, is less than 9 one liter or the arterial oxygen tension is less than 60 10 mm/hg on room air at rest. 11 (v) Uses portable oxygen. 12 (vi) Is limited in functioning by cardiovascular 13 disease to Class III or IV according to American Heart 14 Association standards. 15 (vii) Is severely limited in walking because of an 16 arthritic, neurological or orthopedic condition. 17 (3) The following vehicles qualify for a person with a 18 disability registration plate: 19 (i) A passenger car with a registered gross weight 20 of not more than 9,000 pounds. 21 (ii) A truck with a registered gross weight of not 22 more than 9,000 pounds. 23 (iii) A motorcycle. 24 (4) The department shall issue a person with disability 25 registration plate if the applicant provides: 26 (i) Proof satisfactory to the department that the 27 applicant or a member of the applicant's household is a 28 person with a disability as set forth in paragraph (2). 29 (ii) The signature of a physician certifying the 30 disability. 20050H2272B3182 - 6 -
1 (iii) In the case of an application on behalf of a 2 household member, an explanation of the relationship of 3 the applicant to the household member and the member's 4 age. 5 (iv) In the case of an application by an 6 organization, explanation of the organization's use of 7 the vehicle exclusively to transport persons with 8 disabilities. 9 (v) The fee established by the department, which fee 10 may not exceed the fee for issuance of a standard 11 registration plate for the particular vehicle. 12 (5) A person with a disability registration plate must 13 be renewed annually pursuant to section 1309 (relating to 14 renewal of registration). 15 (6) Every four years, when the department sends its 16 application for renewal of registration pursuant to section 17 1309, the department shall send notice that the applicant 18 must resubmit a physician certification that satisfies the 19 provisions of paragraph (2). In the case of an organization, 20 the department shall send notice that the applicant must 21 resubmit proof that the organization uses the vehicle 22 exclusively to transport persons with disabilities. 23 (b) Parking placard for person with disability.-- 24 (1) (i) A person may apply to the department for a 25 permanent parking placard for a person with a disability 26 if a physician certifies that the applicant or a member 27 of the applicant's household is a person with a 28 disability under subsection (a)(2). 29 (ii) An organization may apply to the department for 30 a permanent parking placard if the organization certifies 20050H2272B3182 - 7 -
1 that the placard will be used for a vehicle owned by the 2 organization or by a volunteer or employee of the 3 organization when that vehicle is being used exclusively 4 to transport persons with disabilities. 5 (iii) A person may apply to the department for a 6 temporary parking placard if a physician certifies: 7 (A) That the applicant or a member of the 8 applicant's household has a temporary physical 9 impairment that limits or impairs the ability to walk 10 and satisfies at least one of the criteria under 11 subsection (a)(2). 12 (B) That the impairment is expected to last for 13 at least six weeks from the date of impairment. 14 (C) The length of time that the temporary 15 impairment is expected to last. 16 (2) A permanent parking placard shall expire four years 17 from the date it is issued, and a temporary parking placard 18 shall expire at the department's discretion but no later than 19 120 days from the date it is issued. 20 (3) The department may issue up to two parking placards 21 to a person or up to eight parking placards to an 22 organization. 23 (4) A parking placard shall be hung from the front 24 windshield rearview mirror such that it can be seen from both 25 the front and the rear of the vehicle. If the vehicle does 26 not have a rearview mirror, the parking placard shall be 27 displayed on the dashboard so that it may be read by a person 28 standing outside the vehicle on the driver's side. 29 (5) A parking placard issued under this subsection is 30 for the exclusive and personal use of the person for whom or 20050H2272B3182 - 8 -
1 organization for which it was issued, and it may not be used 2 by any other person or organization. 3 (6) The department shall ensure that the permanent 4 parking placard, the temporary parking placard and the 5 parking placard issued to an organization are different 6 colors. 7 (7) The department may not charge a fee for the issuance 8 or reissuance of a parking placard under this subsection, but 9 it may charge a reasonable fee for replacement of a lost or 10 damaged parking placard. 11 (c) When disability registration plate or parking placard 12 must be returned to department.-- 13 (1) A disability registration plate shall be returned to 14 the department within 30 days of the death of the person to 15 whom it has been issued. During that 30-day period, if 16 another person operates the vehicle bearing the disability 17 registration plate, that person may not park in a space 18 designated for persons with disabilities. 19 (2) A disability parking placard shall become void upon 20 the death of the person to whom it was issued, and it shall 21 be returned to the department within ten days of the death of 22 the person to whom it was issued. During that ten-day period, 23 the placard may not be displayed and may not be used to park 24 in a space designated for persons with disabilities. 25 (3) A disability parking placard shall be returned to 26 the department when it expires. 27 (4) A disability parking placard shall be returned to 28 the department when the person for whom or the organization 29 for which it was issued no longer meets the qualifications 30 for issuance of a placard, including, in the case of an 20050H2272B3182 - 9 -
1 organization, that it no longer regularly transports persons 2 with disabilities. 3 (d) Authorized use of disability registration plate or 4 parking placard.-- 5 (1) (i) The person for whom a disability registration 6 plate or parking placard is issued must be the driver of 7 or a passenger in the vehicle bearing the plate or 8 displaying the placard when the vehicle is parked in a 9 space designated for persons with disabilities. 10 (ii) This section shall not be construed to preclude 11 the operation of a vehicle bearing a disability 12 registration plate when the person for whom the 13 disability registration plate is issued is not present in 14 the vehicle, provided, however, that the vehicle shall 15 not be parked in a space designated for persons with 16 disabilities. 17 (2) A disability parking placard may not be displayed in 18 a vehicle if the person for whom it was issued is not present 19 in the vehicle or, in the case of an organization, if the 20 vehicle is not being used to transport persons with 21 disabilities. 22 (e) Penalty for false information.--A person who 23 intentionally gives false information to the physician 24 certifying disability or to the department in order to obtain a 25 disability registration plate or parking placard commits a 26 misdemeanor of the third degree. A first offense shall be 27 punishable be a fine of $500, a second offense shall be 28 punishable by a fine of $1,000, and a third or subsequent 29 offense shall be punishable by a fine of $1,500 and a term of 30 imprisonment not to exceed 30 days. 20050H2272B3182 - 10 -
1 (f) False certification.--A physician who certifies that a 2 person is a person with a disability under the provisions of 3 subsection (a)(2) when that person does not meet the criteria 4 commits a misdemeanor of the third degree. A first offense shall 5 be punishable by a fine of $2,500, a second offense shall be 6 punishable by a fine of $5,000, and a third or subsequent 7 offense shall be punishable by a fine of $10,000 and a term of 8 imprisonment not to exceed 30 days. 9 (g) Recertification.-- 10 (1) Each disability registration plate shall be void on 11 the date that the annual registration sticker next expires, 12 and each person for whom the plate was issued shall apply to 13 be recertified as a person with a disability in order for the 14 plate to be valid and a new annual sticker to be issued. 15 (2) Each permanent disability parking placard shall be 16 void on the next birthday of the person for whom it was 17 issued, and each person shall apply to be recertified as a 18 person with a disability in order for a new placard to be 19 issued. 20 (3) The department shall give reasonable notice to each 21 person of the requirement that the person be recertified as a 22 person with a disability by the date that the registration 23 plate or placard expires. Reasonable notice shall provide an 24 amount of time sufficient for the person to be recertified as 25 a person with a disability before the applicable expiration 26 date. 27 (4) If a person with a disability registration plate 28 fails to be recertified as a person with a disability, the 29 department shall issue a standard registration plate to that 30 person. If a person with a parking placard is not 20050H2272B3182 - 11 -
1 recertified, the department shall require that any placard 2 issued for that person is returned to the department. 3 (h) Violations.--Except as otherwise provided under this 4 section, a violation of this section is a misdemeanor of the 5 third degree. A first offense is punishable by a fine of $500, a 6 second offense is punishable by a fine of $1,000 and a third or 7 subsequent offense is punishable by a fine of $1,500 and a term 8 of imprisonment not to exceed 30 days. 9 (i) Regulations.--The department may adopt any rules or 10 promulgate any regulations necessary to implement this section. 11 Section 3. This act shall take effect in 180 days. J17L75DMS/20050H2272B3182 - 12 -