WSR 05-07-151

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 23, 2005, 11:09 a.m. , effective April 23, 2005 ]


Purpose: This rule sets the terms and conditions for the use of an individual with disabilities emblem for certain vehicle license plates and clarifies that the emblem is considered a special year tab.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-311 and 308-96A-314.

Statutory Authority for Adoption: RCW 46.16.381.

Adopted under notice filed as WSR 05-03-105 on January 19, 2005.

Changes Other than Editing from Proposed to Adopted Version: Clarification of a definition.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 22, 2005.

Fred Stephens

Director

OTS-7746.2


AMENDATORY SECTION(Amending WSR 04-14-077, filed 7/6/04, effective 8/6/04)

WAC 308-96A-311   General provisions.   (1) How do I qualify for an individual with disabilities parking privilege?

In order to qualify for a temporary or permanent individual with disabilities parking privilege, a licensed physician or advanced registered nurse practitioner (ARNP) must certify, on a department approved application form, that you have a disability that limits or impairs your ability to walk and that you meet the requirements listed in RCW 46.16.381(1). For the purpose of implementing this rule, a physician is defined as a health care provider to include: Chiropractor (DC), naturopath (ND), physician or surgeon (MD or DO), podiatrist (DPM). Licensed physician does not include persons licensed in the professions of dentistry and optometry. The physician or ARNP as defined above must ((certify)) sign a declaration under penalty of perjury that you have a disability that limits or impairs the ability to walk and that you meet one of the following criteria allowed by RCW 46.16.381:

(a) Cannot walk two hundred feet without stopping to rest;

(b) Are severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

(c) Are so severely disabled, that you cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

(d) Use portable oxygen;

(e) Are restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry, is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

(f) Are impaired by cardiovascular disease or cardiac condition to the extent that your functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

(g) Have a disability resulting from an acute sensitivity to automobile emissions which limits or impairs your ability to walk. Your personal physician or advanced registered nurse practitioner must document that your disability is comparable in severity to the others listed in this subsection.

The medical ((certification)) declaration is required for all original applications for permanent and temporary disability privileges and for permanent disability privileges that have been expired more than thirty days. ((Certification)) Declaration is not required for renewal of existing Washington privileges for an individual with disabilities.

(2) How do I apply for an individual with disabilities parking privilege?

Once the licensed physician or ARNP portion of the application is completed, you must complete and sign your portion of the application and submit it to the department or file the form in person at most Washington vehicle licensing offices, as noted on the application.

(3) Who may sign the application for an individual with disabilities who is unable to sign or is a minor?

When an individual with disabilities is unable to sign or is a minor, the application may be signed by an authorized representative of the individual with disabilities. The application must then be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) ((An affidavit)) A declaration under penalty of perjury explaining why the applicant is unable to sign and explaining the signing person's association with the applicant. Example: Signature, Jane Doe, daughter.

(4) When is the individual with disabilities parking privilege no longer valid?

The individual with disabilities parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the individual with disabilities;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(5) What happens if I do not renew my permanent parking privilege prior to the expiration date?

When an individual with disabilities parking privilege is expired for more than thirty calendar days, a new original application with physician or ARNP's certification will be required.

(6) What will I receive once my application is approved?

You will receive an individual with disabilities identification card and:

(a) If you have a temporary disability you will receive one red temporary placard;

(b) If you have a permanent disability you may choose to receive:

(i) Up to two blue permanent placards; or

(ii) One blue permanent placard and one set of individual with disabilities license plates. The individual with disabilities must be a registered owner to receive these special license plates.

(iii) In lieu of the individual with disabled parking license plates, a qualifying individual may request the issuance of an individual with disabilities year tab, which may be displayed on the following types of special license plates:

(A) Stadium plates authorized under RCW 46.16.301;

(B) Congressional Medal of Honor Plates authorized under RCW 46.16.305;

(C) Pearl Harbor survivor plates authorized under RCW 46.16.305;

(D) Collegiate plates authorized under RCW 46.16.324;

(E) Any plates created after January 1, 2003, per RCW 46.16.745;

(F) Disabled veteran plates authorized under RCW 73.04.110;

(G) Former prisoner of war plates authorized under RCW 73.04.110;

(H) Former prisoner of war plates for surviving spouses authorized under RCW 73.04.115;

(I) Square dancer plates authorized under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997;

(J) Purple heart plates authorized under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997.

(7) When can the individual with disabilities parking privileges be used?

The parking privileges may only be used when the person to whom the plate or placard is issued is being transported.

(8) Why is the individual with disabilities identification card issued?

The individual with disabilities identification card must be available for law enforcement or parking enforcement officials to verify the identity of the individual with disabilities and to ensure the parking privilege is only used by those who qualify for that privilege.

If you have just applied for and not yet received an individual with disabilities identification card, show the receipt you received at the time of application.

(9) How do I display the individual with disabilities parking placard?

(a) The placard is ((made to be)) hung from the rearview mirror post; or

(b) In the absence of the rearview mirror post, the placard may be placed on the dashboard.

However displayed, the entire placard must be visible through the vehicle windshield.

[Statutory Authority: RCW 46.16.381. 04-14-077, 308-96A-311, filed 7/6/04, effective 8/6/04; 02-04-002, 308-96A-311, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-311, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-311, filed 10/29/98, effective 10/29/98.]


AMENDATORY SECTION(Amending WSR 04-14-077, filed 7/6/04, effective 8/6/04)

WAC 308-96A-314   Individual with disabilities special license plates(( -- Individual)).   (1) Where can I obtain an individual with disabilities special license plate and identification card?

You may apply for an individual with disabilities special license plate at most Washington vehicle licensing offices. You will receive the identification card and individual with disabilities special license plates in the mail.

In lieu of the individual with disabled parking license plates, a qualifying individual may request the issuance of an individual with disabilities year tab, which may be displayed on the following types of special license plates:

(a) Stadium plates authorized under RCW 46.16.301;

(b) Congressional Medal of Honor Plates authorized under RCW 46.16.305;

(c) Pearl Harbor survivor plates authorized under RCW 46.16.305;

(d) Collegiate plates authorized under RCW 46.16.324;

(e) Any plates created after January 1, 2003, per RCW 46.16.745;

(f) Disabled veteran plates authorized under RCW 73.04.110;

(g) Former prisoner of war plates authorized under RCW 73.04.110;

(h) Former prisoner of war plates for surviving spouses authorized under RCW 73.04.115;

(i) Square dancer plates authorized under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997; and

(j) Purple heart plates authorized under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997.

(2) How do I qualify for individual with disabilities special license plates?

To receive 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 be certified by a licensed physician or ARNP as having a permanent disability or have already been granted a permanent individual with disabilities parking privilege established with the department.)) A licensed physician or ARNP must declare that you have a permanent disability that qualifies you for the privileges identified under RCW 46.16.381 or that you have already been granted the privileges under that chapter.

(3) When do the individual with disabilities special license plates and identification card expire?

These special license plates carry the expiration date of your vehicle registration and must be renewed annually. The privilege to use the individual with disabilities special license plate must be renewed every fifth year from the month of issuance of the privilege.

(4) When are the individual with disabilities special license plates no longer valid?

These special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the individual with disabilities;

(d) If the disability no longer exists;

(e) The special license plates have been canceled by department administrative action;

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

(g) If the individual with the disability is no longer shown on the department's record as being a registered owner of the vehicle.

(5) How do I replace the individual with disabilities special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the individual with disabilities special license plate(s) and pay replacement plate fees. Replacement special individual with disabilities license plates will be issued indicating the current expiration date. See note following subsection (6) of this section.

(6) When I am required to replace my individual with disabilities special license plate(s), will I receive the same number/letter combination? Yes. Upon request and with payment of the plate retention fee in RCW 46.16.233, you will receive replacement individual with disabilities parking special license plate(s) with the same number/letter combination as shown on the vehicle computer record.

Note: If the license plate(s) has been reported stolen or if the department record indicates the vehicle has been stolen, the same number/letter combination will not be used. This is a law enforcement issue and is for the protection of the public.

[Statutory Authority: RCW 46.16.381. 04-14-077, 308-96A-314, filed 7/6/04, effective 8/6/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, 308-96A-314, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.16.381. 02-04-002, 308-96A-314, filed 1/23/02, effective 2/23/02. Statutory Authority: RCW 46.16.381, 46.01.110 and 46.16.276. 99-21-034, 308-96A-314, filed 10/15/99, effective 11/15/99; 98-22-032, 308-96A-314, filed 10/29/98, effective 10/29/98.]

Washington State Code Reviser's Office