PRINTER'S NO. 553
No. 498 Session of 2007
INTRODUCED BY HARHAI, DERMODY, CALTAGIRONE, COSTA, COX, CREIGHTON, FABRIZIO, GERGELY, GINGRICH, HERSHEY, W. KELLER, KOTIK, KULA, MAHONEY, NAILOR, PALLONE, PETRONE, SOLOBAY, STABACK AND WOJNAROSKI, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 26, 2007
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 Section 1338 of Title 75 of the Pennsylvania 7 Consolidated Statutes is repealed: 8 [§ 1338.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
1 the person's forced (respiratory) expiratory volume for one 2 second, when measured by spirometry, is less than one liter 3 or the arterial oxygen tension is less than 60 mm/hg on room 4 air at rest; 5 (6) uses portable oxygen; 6 (7) has a cardiac condition to the extent that the 7 person's functional limitations are classified in severity as 8 Class III or Class IV according to the standards set by the 9 American Heart Association; 10 (8) is severely limited in his or her ability to walk 11 due to an arthritic, neurological or orthopedic condition; or 12 (9) is a person in loco parentis of a person specified 13 in paragraph (1), (2), (3), (4), (5), (6), (7) or (8); 14 the department shall issue a special registration plate for one 15 passenger car or truck with a registered gross weight of not 16 more than 9,000 pounds, designating the vehicle so licensed as 17 being used by a person with a disability. Special plates for 18 persons with disabilities may also be issued for vehicles 19 operated exclusively for the use and benefit of persons with 20 disabilities. In the case of a motorcycle, the department shall 21 issue a decal containing the international symbol for access for 22 persons with disabilities for display on the registration plate. 23 (b) Person with disability parking placard.--On the initial 24 application or renewal application of any person who meets the 25 qualifications of subsection (a), the department shall issue one 26 special parking placard of such size and design as the 27 department shall specify, designating the vehicle in which it is 28 displayed as being used for the transportation of persons with 29 disabilities. When parking the designated vehicle, the person 30 with disability parking placard shall be prominently displayed 20070H0498B0553 - 2 -
1 in such a manner that it may be viewed from the front and rear 2 of the vehicle by hanging it from the front windshield rearview 3 mirror of a vehicle only when that vehicle is utilizing a 4 parking space reserved for persons with disabilities. When there 5 is no rearview mirror, or the placard is not designed in such a 6 manner to accommodate hanging from a rearview mirror, the 7 placard shall be displayed on the dashboard. Placards may also 8 be issued for use in vehicles when operated for the use and 9 benefit of persons with disabilities provided that a person with 10 a disability is being transported in the vehicle. Organizations 11 that transport persons with disabilities shall upon application 12 be issued not more than eight placards in the organization's 13 name. These placards may be used in a vehicle of the 14 organization or the personal vehicle of an employee or volunteer 15 of the organization when the employee or volunteer operates the 16 vehicle for the benefit and use of persons with disabilities 17 provided that a person with a disability is being transported in 18 the vehicle. 19 (c) Health care provider's statement.-- 20 (1) Any person applying for a special plate or parking 21 placard for persons with disabilities must present a 22 statement, certified by a physician, podiatrist, 23 chiropractor, physician assistant or certified registered 24 nurse practitioner licensed or certified to practice in this 25 Commonwealth or in a contiguous state, that the person with a 26 disability is disabled as provided in subsection (a). 27 (2) Any person applying for a renewal of registration of 28 a special plate for persons with disabilities must comply 29 with this subsection. Once a person with a disability has 30 been duly certified by a physician, podiatrist, chiropractor, 20070H0498B0553 - 3 -
1 physician assistant or certified registered nurse 2 practitioner as being disabled, as provided in subsection 3 (a), the applicant need not submit a certification for 4 subsequent renewals of registration for a special plate for 5 persons with disabilities. A person who was issued a person 6 with disability plate under this section and no longer 7 qualifies for one shall not be charged a replacement fee for 8 a regular registration plate upon payment of the regular 9 registration fee. 10 (3) In lieu of a health care provider's statement, a 11 person applying for a special plate or parking placard may 12 present a statement from a police officer certifying that the 13 person does not have full use of a leg, or both legs, or is 14 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 (c.1) Return of plates and placard.--Upon the death of a 19 person to whom a plate or placard has been issued under this 20 section, the plate or placard shall be void 30 days after death 21 and shall not be displayed on any vehicle. The personal 22 representative of the deceased shall return the plate to the 23 department. If there is no personal representative, the spouse 24 or, if there is no spouse, the next of kin of the deceased shall 25 return the plate or placard to the department. 26 (c.2) Authorized use.--This section shall not preclude the 27 operation of a vehicle which bears a person with disability 28 plate when the vehicle is not being used for the benefit of the 29 person with a disability or when the person with a disability is 30 not present in the vehicle, provided the driver does not use or 20070H0498B0553 - 4 -
1 attempt to use any special privilege or benefit otherwise 2 accorded to vehicles displaying the plate. 3 (d) Penalty.--Any person violating this section commits a 4 summary offense and shall, upon conviction, be sentenced to pay 5 a fine of not more than $100. 6 (e) Definitions.--As used in this section, the following 7 words and phrases shall have the meanings given to them in this 8 subsection: 9 "Chiropractor." A chiropractor acting within the scope of 10 practice contained in the act of December 16, 1986 (P.L.1646, 11 No.188), known as the Chiropractic Practice Act. 12 "Podiatrist." A podiatrist acting within the scope of 13 practice contained in the act of March 2, 1956 (1955 P.L.1206, 14 No.375), known as the Podiatry Practice Act.] 15 Section 2. Title 75 is amended by adding a section to read: 16 § 1338.1. Special registration plate and parking placard for 17 person with disability. 18 (a) Special registration plate.-- 19 (1) (i) The owner of a vehicle may apply to the 20 department for a disability registration plate if a 21 physician certifies that the applicant or a member of the 22 applicant's household is a person with a disability. 23 (ii) An organization that owns a vehicle may apply 24 to the department for a disability registration plate for 25 that vehicle if the organization certifies that the 26 vehicle is used exclusively to transport persons with 27 disabilities. 28 (2) A person with a disability is a person who has a 29 physical impairment that permanently limits or impairs the 30 ability to walk and who satisfies at least one of the 20070H0498B0553 - 5 -
1 following conditions: 2 (i) Cannot walk 200 feet without stopping to rest. 3 (ii) Cannot walk without use of or assistance from a 4 brace, cane, crutch, another person, prosthetic device or 5 other assistive device. 6 (iii) Requires use of a wheelchair for mobility. 7 (iv) Is restricted by lung disease to such an extent 8 that the person's forced respiratory expiratory volume 9 for one second, when measured by spirometry, is less than 10 one liter or the arterial oxygen tension is less than 60 11 mm/hg on room air at rest. 12 (v) Uses portable oxygen. 13 (vi) Is limited in functioning by cardiovascular 14 disease to Class III or IV according to American Heart 15 Association standards. 16 (vii) Is severely limited in walking because of an 17 arthritic, neurological or orthopedic condition. 18 (3) The following vehicles qualify for a person with a 19 disability registration plate: 20 (i) A passenger car with a registered gross weight 21 of not more than 9,000 pounds. 22 (ii) A truck with a registered gross weight of not 23 more than 9,000 pounds. 24 (iii) A motorcycle. 25 (4) The department shall issue a person with disability 26 registration plate if the applicant provides: 27 (i) Proof satisfactory to the department that the 28 applicant or a member of the applicant's household is a 29 person with a disability as set forth in paragraph (2). 30 (ii) The signature of a physician certifying the 20070H0498B0553 - 6 -
1 disability. 2 (iii) In the case of an application on behalf of a 3 household member, an explanation of the relationship of 4 the applicant to the household member and the member's 5 age. 6 (iv) In the case of an application by an 7 organization, explanation of the organization's use of 8 the vehicle exclusively to transport persons with 9 disabilities. 10 (v) The fee established by the department, which fee 11 may not exceed the fee for issuance of a standard 12 registration plate for the particular vehicle. 13 (5) A person with a disability registration plate must 14 be renewed annually pursuant to section 1309 (relating to 15 renewal of registration). 16 (6) Every four years, when the department sends its 17 application for renewal of registration pursuant to section 18 1309, the department shall send notice that the applicant 19 must resubmit a physician certification that satisfies the 20 provisions of paragraph (2). In the case of an organization, 21 the department shall send notice that the applicant must 22 resubmit proof that the organization uses the vehicle 23 exclusively to transport persons with disabilities. 24 (b) Parking placard for person with disability.-- 25 (1) (i) A person may apply to the department for a 26 permanent parking placard for a person with a disability 27 if a physician certifies that the applicant or a member 28 of the applicant's household is a person with a 29 disability under subsection (a)(2). 30 (ii) An organization may apply to the department for 20070H0498B0553 - 7 -
1 a permanent parking placard if the organization certifies 2 that the placard will be used for a vehicle owned by the 3 organization or by a volunteer or employee of the 4 organization when that vehicle is being used exclusively 5 to transport persons with disabilities. 6 (iii) A person may apply to the department for a 7 temporary parking placard if a physician certifies: 8 (A) That the applicant or a member of the 9 applicant's household has a temporary physical 10 impairment that limits or impairs the ability to walk 11 and satisfies at least one of the criteria under 12 subsection (a)(2). 13 (B) That the impairment is expected to last for 14 at least six weeks from the date of impairment. 15 (C) The length of time that the temporary 16 impairment is expected to last. 17 (2) A permanent parking placard shall expire four years 18 from the date it is issued, and a temporary parking placard 19 shall expire at the department's discretion but no later than 20 120 days from the date it is issued. 21 (3) The department may issue up to two parking placards 22 to a person or up to eight parking placards to an 23 organization. 24 (4) A parking placard shall be hung from the front 25 windshield rearview mirror such that it can be seen from both 26 the front and the rear of the vehicle. If the vehicle does 27 not have a rearview mirror, the parking placard shall be 28 displayed on the dashboard so that it may be read by a person 29 standing outside the vehicle on the driver's side. 30 (5) A parking placard issued under this subsection is 20070H0498B0553 - 8 -
1 for the exclusive and personal use of the person for whom or 2 organization for which it was issued, and it may not be used 3 by any other person or organization. 4 (6) The department shall ensure that the permanent 5 parking placard, the temporary parking placard and the 6 parking placard issued to an organization are different 7 colors. 8 (7) The department may not charge a fee for the issuance 9 or reissuance of a parking placard under this subsection, but 10 it may charge a reasonable fee for replacement of a lost or 11 damaged parking placard. 12 (c) When disability registration plate or parking placard 13 must be returned to department.-- 14 (1) A disability registration plate shall be returned to 15 the department within 30 days of the death of the person to 16 whom it has been issued. During that 30-day period, if 17 another person operates the vehicle bearing the disability 18 registration plate, that person may not park in a space 19 designated for persons with disabilities. 20 (2) A disability parking placard shall become void upon 21 the death of the person to whom it was issued, and it shall 22 be returned to the department within ten days of the death of 23 the person to whom it was issued. During that ten-day period, 24 the placard may not be displayed and may not be used to park 25 in a space designated for persons with disabilities. 26 (3) A disability parking placard shall be returned to 27 the department when it expires. 28 (4) A disability parking placard shall be returned to 29 the department when the person for whom or the organization 30 for which it was issued no longer meets the qualifications 20070H0498B0553 - 9 -
1 for issuance of a placard, including, in the case of an 2 organization, that it no longer regularly transports persons 3 with disabilities. 4 (d) Authorized use of disability registration plate or 5 parking placard.-- 6 (1) (i) The person for whom a disability registration 7 plate or parking placard is issued must be the driver of 8 or a passenger in the vehicle bearing the plate or 9 displaying the placard when the vehicle is parked in a 10 space designated for persons with disabilities. 11 (ii) This section shall not be construed to preclude 12 the operation of a vehicle bearing a disability 13 registration plate when the person for whom the 14 disability registration plate is issued is not present in 15 the vehicle, provided, however, that the vehicle shall 16 not be parked in a space designated for persons with 17 disabilities. 18 (2) A disability parking placard may not be displayed in 19 a vehicle if the person for whom it was issued is not present 20 in the vehicle or, in the case of an organization, if the 21 vehicle is not being used to transport persons with 22 disabilities. 23 (e) Penalty for false information.--A person who 24 intentionally gives false information to the physician 25 certifying disability or to the department in order to obtain a 26 disability registration plate or parking placard commits a 27 misdemeanor of the third degree. A first offense shall be 28 punishable be a fine of $500, a second offense shall be 29 punishable by a fine of $1,000, and a third or subsequent 30 offense shall be punishable by a fine of $1,500 and a term of 20070H0498B0553 - 10 -
1 imprisonment not to exceed 30 days. 2 (f) False certification.--A physician who certifies that a 3 person is a person with a disability under the provisions of 4 subsection (a)(2) when that person does not meet the criteria 5 commits a misdemeanor of the third degree. A first offense shall 6 be punishable by a fine of $2,500, a second offense shall be 7 punishable by a fine of $5,000, and a third or subsequent 8 offense shall be punishable by a fine of $10,000 and a term of 9 imprisonment not to exceed 30 days. 10 (g) Recertification.-- 11 (1) Each disability registration plate shall be void on 12 the date that the annual registration sticker next expires, 13 and each person for whom the plate was issued shall apply to 14 be recertified as a person with a disability in order for the 15 plate to be valid and a new annual sticker to be issued. 16 (2) Each permanent disability parking placard shall be 17 void on the next birthday of the person for whom it was 18 issued, and each person shall apply to be recertified as a 19 person with a disability in order for a new placard to be 20 issued. 21 (3) The department shall give reasonable notice to each 22 person of the requirement that the person be recertified as a 23 person with a disability by the date that the registration 24 plate or placard expires. Reasonable notice shall provide an 25 amount of time sufficient for the person to be recertified as 26 a person with a disability before the applicable expiration 27 date. 28 (4) If a person with a disability registration plate 29 fails to be recertified as a person with a disability, the 30 department shall issue a standard registration plate to that 20070H0498B0553 - 11 -
1 person. If a person with a parking placard is not 2 recertified, the department shall require that any placard 3 issued for that person is returned to the department. 4 (h) Violations.--Except as otherwise provided under this 5 section, a violation of this section is a misdemeanor of the 6 third degree. A first offense is punishable by a fine of $500, a 7 second offense is punishable by a fine of $1,000 and a third or 8 subsequent offense is punishable by a fine of $1,500 and a term 9 of imprisonment not to exceed 30 days. 10 (i) Regulations.--The department may adopt any rules or 11 promulgate any regulations necessary to implement this section. 12 Section 3. This act shall take effect in 180 days. L13L75DMS/20070H0498B0553 - 12 -