WSR 98-15-014

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed July 2, 1998, 1:58 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-09-038.

Title of Rule: Disabled person special parking privileges, chapter 308-96A WAC.

Purpose: 1. Implementation of 2SSB 6190, 1998 legislative session.

2. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

3. To better account for renewals of disabled person parking placards.

Statutory Authority for Adoption: RCW 46.16.381, 46.01.110, 46.16.276.

Summary: Amending WAC 308-96A-306 Definitions--Disabled person special parking privileges; repealing WAC 308-96A-310 Application--Disabled person parking privileges, 308-96A-315 Temporary placards, 308-96A-320 Cardiovascular disease or cardiac condition, 308-96A-325 Loss of disabled person parking placard, plate, 308-96A-330 Application for organization disabled person parking placards, 308-96A-335 Organization special parking privilege placards--Transfer limitations, 308-96A-340 Disabled person parking privileges--Validation term and 308-96A-341 Individual disabled person parking privileges no longer valid; and new sections WAC 308-96A-311 General provisions, 308-96A-312 Temporary disabled person placard, 308-96A-313 Permanent disabled person parking placard/photo ID--Individual, 308-96A-314 Special disabled person license plates--Individual, and 308-96A-316 Permanent placard and special disabled person license plates for organizations.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02 and implementation of 2SSB 6190, 1998 legislative session.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street Southeast, Olympia, (360) 902-3718; Implementation and Enforcement: Evelyn Barker, 1125 Washington Street Southeast, Olympia, (360) 902-3811.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The implementation of 2SSB 6190 to better control the use of disabled person parking privileges. The anticipated effects will be a clarification of the above mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 413, 1125 Washington Street Southeast, Olympia, WA 98507, on August 27, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by August 15, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by August 15, 1998.

Date of Intended Adoption: October 29, 1998.

July 2, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

OTS-2307.1

AMENDATORY SECTION (Amending WSR 97-02-001, filed 12/19/96, effective 1/19/97)



WAC 308-96A-306  Definitions--Disabled person special parking privileges. For the purposes of determining eligibility for special disabled person parking placards and license plates, the following definitions apply:

(1) (("Public transportation authorities" are those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381. Public transportation authorities may contract with private carriers to perform services entitling the carriers to the special parking privileges.

(2) "Private carriers" are those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(3) "Adult family homes" means a regular family abode licensed under chapter 70.128 RCW.

(4) "Licensed physician" means, for the purpose of determining a disability that limits or impairs the ability to walk and meets one of the criteria set forth in RCW 46.16.381, a health care provider licensed, certified, registered, or otherwise authorized by the department of health to provide health care in the ordinary course of business or practice as a profession. Licensed physician includes, but is not limited to, medical doctors, chiropractors, osteopaths, physician's assistants, and nurse practitioners, but does not include those persons licensed in the professions of optometry, fitting and dispensing of hearing aids, dentistry, or dental hygienist.)) "Licensed physician" means, for the purpose of determining the disability that limits the ability to walk that meets the criteria set forth in RCW 46.16.381(1), a health care provider licensed by the department of health to provide health care in the ordinary course of business or practice whose ordinary practice includes those areas covered in the statute. Licensed physician includes medical doctors and osteopaths. For purposes of RCW 46.16.381 (1)(b) and (c), licensed physician also includes chiropractors. Licensed physician does not include persons licensed in the professions of optometry, fitting and dispensing hearing aides, dentistry or dental hygienist.

(2) "Permanent" means a licensed physician has certified that the qualifying disability condition is expected to last at least five years.

(3) "Permit" means the eligibility for the placard, photo ID or special license plate(s).

(4) "Photo ID" means the identification card referred to in RCW 46.16.381(3).

(5) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(6) "Privilege" means the right to utilize the benefits associated with the permit.

(7) "Privilege expiration date" means:

(a) The last day of the month specified on a temporary placard; or

(b) Not less than five years from the month and year of issuance of a permanent placard, as specified by the department on the placard.

(8) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.

(9) "Signature" means any memorandum, mark, or sign made with intent to authenticate an application for a placard, or the subscription of any person thereto as provided in RCW 9A.04.110(23).



[Statutory Authority: RCW 46.01.110. 97-02-001, 308-96A-306, filed 12/19/96, effective 1/19/97. Statutory Authority: RCW 46.01.110 and 46.16.276. 92-03-076, 308-96A-306, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 46.16.600, 46.16.276 and 46.01.110. 87-12-023 (Order TL/RG-34), 308-96A-306, filed 5/28/87.]



NEW SECTION



WAC 308-96A-311  General provisions. (1) How do I qualify for a disabled person parking privilege?

In order to qualify for a disabled person parking privilege, a licensed physician must certify that you meet one of the requirements listed in RCW 46.16.381(1).

(2) What types of placards are issued?

The types of placards you may receive are:

(a) Temporary for a period of up to six months; or

(b) Permanent.

(3) How do I apply for a disabled person's parking privilege?

To apply for the disabled person's parking privilege, a licensed physician must complete and certify his or her portion of the application. Then, you must complete and sign your portion of the application and submit it to the department as provided in WAC 308-96A-312 (temporary placard), WAC 308-96A-313 (permanent placard) or WAC 308-96A-314 (special license plates).

(4) How long is the disabled person's parking privilege valid?

The temporary privilege, as certified by the licensed physician, is valid for up to six months from the date of issuance. The permanent privilege is valid for five years from the date of issuance by the department for the privilege.

(5) When is the disabled person's parking privilege no longer valid?

The disabled person's parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(6) What are the penalties for violating the law on disabled person's parking privilege?

(a) It is a gross misdemeanor with a penalty of up to one year in jail and a fine of five thousand dollars, or both, to provide false information on an application for a disabled parking permit.

(b) It is a traffic infraction with a penalty of two hundred fifty dollars for any unauthorized person to:

(i) Use a disabled person parking placard, special license plates or photo ID card;

(ii) Obtain special license plates, a disabled person parking placard or photo ID card in any manner not established by law.

(c) It is a parking infraction, with a penalty of two hundred fifty dollars for a person to:

(i) Exercise the parking privilege without special license plates or a disabled person parking placard;

(ii) Block the access aisle or ramp located next to a space reserved for physically disabled persons.

(d) The court may impose an additional penalty, which is sufficient to reimburse the local jurisdiction for any costs incurred in removal and storage of the improperly parked vehicle.



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NEW SECTION



WAC 308-96A-312  Temporary disabled person parking placard. (1) Where and how may I obtain a temporary disabled person parking placard?

You may obtain a temporary disabled person parking placard by mail or at any vehicle licensing office or driver licensing-licensing services office. You must submit a completed and signed application certified by a licensed physician.

(2) How long does the temporary disabled person parking placard last?

The temporary disabled person parking placard may last for up to six months from the date of issuance by the department.

(3) Can my temporary disabled person parking placard be extended?

No. If your condition continues beyond the expiration date, you may obtain a new temporary disabled person parking placard by submitting a completed and signed new application certified by a licensed physician.

(4) What happens if the temporary disabled person parking placard is lost, mutilated, destroyed, or stolen?

If you wish to replace your temporary disabled person parking placard, complete and sign a statement explaining what happened to the placard. A new temporary disabled person parking placard will be issued indicating the original expiration date.

(5) When is the temporary disabled person parking placard no longer valid?

The placard is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If a replacement placard has been issued; or

(e) If the privilege was issued in error.

(6) What should I do when my temporary placard is no longer valid?

You should destroy it.

(7) If I qualify for a temporary disabled person parking privilege, how is the privilege identified?

You may receive one temporary placard.



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NEW SECTION



WAC 308-96A-313  Permanent disabled person parking placard/photo ID--Individual. (1) Where may I obtain a permanent disabled person parking placard(s) and photo ID card?

You may obtain the permanent disabled person parking placards and photo ID card only from drivers licensing-licensing services offices.

(2) Why is the photo ID issued?

The photo ID is issued to assist law enforcement in determining that the person who is using the disabled person parking placard is the person to whom the placard was issued.

(3) Must I present the photo ID upon request of law enforcement?

Yes.

(4) What do I need to receive the photo ID card?

You need:

(a) Completed application; and

(b) Proof of identity which includes the following:

(i) Washington drivers license;

(ii) Washington identification card;

(iii) Other valid identification document specified by RCW 46.20.035;

(iv) Affidavit of parent, guardian, or person with power of attorney; or

(v) Affidavit of individual applying for disabled person parking permit.

(5) When does the permanent disabled person parking placard(s) expire?

The permanent disabled person parking placard(s) is issued for not less than five years from the month and year of issuance, and expires on the last day of the month specified on the placard. Example: If a permanent placard is marked to expire in May 2003, it expires on May 31, 2003. The department may issue a placard for a period of longer than five years from the month and year of issuance, but for no more than six years, as may be necessary to stagger the permanent placard renewal workload.

(6) How do I replace a permanent disabled person parking placard that has become lost, mutilated, destroyed, or stolen?

If you wish to replace your permanent disabled person parking placard, complete and sign a statement explaining what happened to the placard and return your existing photo ID card. A new permanent disabled person parking placard and photo ID will be issued indicating the original expiration date.

(7) How do I replace my photo ID that has become lost, mutilated, destroyed or stolen?

In order to replace your photo ID, you must appear in person at a driver licensing-licensing services office. You shall complete and sign a statement explaining what happened to the photo ID, and present proof of identity as provided in subsection (4) of this section. A new photo ID will be issued indicating the previously issued placard number(s).

(8) How do I renew my permanent disabled person parking placard(s)?

The department will mail you a renewal notice thirty days prior to expiration. The permanent parking placard is renewed by submitting a completed renewal notice or new application with existing photo ID card or proof of identity as provided in subsection (4) of this section at a driver licensing-licensing services office. You will receive new permanent disabled person parking placards and a new photo ID.

(9) When are the permanent disabled person parking placard(s) no longer valid?

The permanent disabled person parking placard is no longer valid:

(a) Upon expiration of the permanent placard;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If the privilege was issued in error; or

(e) If a replacement permanent parking placard has been issued.

(10) If I qualify for a permanent disabled person parking privilege, how is the privilege identified?

You may receive:

(a) One placard;

(b) One set of special license plates;

(c) One placard and one set of special license plates; or

(d) Two placards.

(11) How do I obtain a second permanent disabled person parking placard?

You may obtain a second placard upon written request.



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NEW SECTION



WAC 308-96A-314  Disabled person special license plates--Individual. (1) Where can I obtain a disabled person special license plate?

Disabled person special license plates are available at vehicle licensing offices only.

(2) How do I obtain disabled person special license plates?

In order to receive disabled person special license plates:

(a) Your name must be shown on the department's record as being a registered owner of the vehicle; and

(b) You must submit a completed application certified by a licensed physician or have a disabled person privilege established with the department.

(3) When do the disabled person special license plates expire?

The disabled person special license plate carries the expiration date of your vehicle registration and must be renewed annually. The privilege to use the disabled person special license plate expires five years from the month of issuance of the privilege.

(4) May I have a disabled person placard when I have the disabled person special license plate?

Yes, you may have one disabled person placard in addition to your disabled person special license plates.

(5) When are the disabled person special license plates no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the disabled person;

(d) If the disability no longer exists; or

(e) If the privilege was issued in error.

(6) How do I replace a disabled person's special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the disabled person's special license plates. New special disabled person's license plates will be issued indicating the original expiration date. This voids the previously issued plates.



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NEW SECTION



WAC 308-96A-316  Permanent placard and disabled person special license plates for organizations. (1) When can a qualifying organization exercise the privilege?

Only when transporting any person who meets the criteria under RCW 46.16.381(1).

(2) How does an organization qualify for disabled person's special license plates and permanent disabled person's parking placards?

The organization must meet the criteria in RCW 46.16.381(3).

(3) How does a qualifying organization apply for disabled person's special license plates and permanent disabled person's parking placards?

The organization must submit a properly completed disabled person parking privileges organization application to the department with appropriate documentation as indicated on the application.

(4) Where does a qualifying organization obtain disabled person's parking placard(s) or disabled person's special license plates?

A qualifying organization may obtain permanent disabled person's parking placard(s) only from driver licensing-licensing services offices. Disabled person's special license plates may be applied for at any vehicle licensing office.

(5) Is a qualifying organization issued a photo ID?

No. A photo ID may not be issued for an organization.

(6) When does the permanent disabled person's parking placard(s) expire?

The permanent disabled person's parking placard(s) expires five years from the date of issuance to the department.

(7) When do the disabled person special license plates issued to a qualifying organization expire?

The disabled person special license plates reflect the expiration date of the vehicle registration and must be renewed annually.

(8) How does a qualifying organization replace permanent disabled person's parking placards or disabled person's special license plates if they become lost, mutilated, destroyed, or stolen?

The organization shall complete and sign a statement explaining what happened to the placards or disabled person's special license plates. New permanent disabled person's parking placards or disabled person's special license plates will be issued indicating the original expiration date. This voids the previously issued permanent placards or plates.

(9) How does a qualifying organization renew their permanent disabled person's parking placard?

The department will send a disabled person's parking renewal notice to the qualifying organization thirty days prior to expiration. The privilege is renewed by submitting the completed and signed renewal notice to the department. A new application may be submitted in lieu of the renewal notice. Upon receipt of the properly completed and signed renewal notice or application the department will issue new placards.

(10) When are the placard and disabled person special license plates no longer valid?

Placard(s) and disabled person special license plates are no longer valid when:

(a) The organization no longer qualifies;

(b) The organization's business license is canceled or expires;

(c) The placard or disabled person special license plates were issued in error; or

(d) A replacement has been issued.



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REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-96A-310 Application--Disabled person parking privileges.

WAC 308-96A-315 Temporary placards.

WAC 308-96A-320 Cardiovascular disease or cardiac condition.

WAC 308-96A-325 Loss of disabled person parking placard, plate.

WAC 308-96A-330 Application for organization disabled person parking placards.

WAC 308-96A-335 Organization special parking privilege placards--Transfer, limitations.

WAC 308-96A-340 Disabled person parking privileges--Validation term.

Legislature Code Reviser

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Washington State Code Reviser's Office