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
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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
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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
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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:
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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.
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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
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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
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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
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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.
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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
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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.
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