AN ACT
Relating to the use of disabled parking spaces by boarding homes; and amending
RCW 46.16.381.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.16.381 and 1991 c 339 s 21 are each amended to read as follows:
(1)
The director shall grant special parking privileges to any person who has a
disability that limits or impairs the ability to walk and meets one of the
following criteria, as determined by a licensed physician:
(a)
Cannot walk two hundred feet without stopping to rest;
(b) Is
severely limited in ability to walk due to arthritic, neurological, or
orthopedic condition;
(c) Is
so severely disabled, that the person cannot walk without the use of or
assistance from a brace, cane, another person, prosthetic device, wheelchair,
or other assistive device;
(d)
Uses portable oxygen;
(e) Is
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)
Impairment by cardiovascular disease or cardiac condition to the extent that
the person's functional limitations are classified as class III or IV under
standards accepted by the American Heart Association; or
(g)
Has a disability resulting from an acute sensitivity to automobile emissions
which limits or impairs the ability to walk. The personal physician of the
applicant shall document that the disability is comparable in severity to the
others listed in this subsection.
(2)
Persons who qualify for special parking privileges are entitled to receive from
the department of licensing a removable windshield placard bearing the
international symbol of access. The department shall design the placard to be
displayed when the vehicle is parked by suspending it from the rearview mirror,
or in the absence of a rearview mirror the card may be displayed on the
dashboard of any vehicle used to transport the disabled person. Instead of
regular motor vehicle license plates, disabled persons are entitled to receive
special license plates bearing the international symbol of access for one
vehicle registered in the disabled person's name. Disabled persons who are not
issued the special license plates are entitled to receive a second special
placard. Persons who have been issued the parking privileges and who are using
a vehicle or are riding in a vehicle displaying the special license plates or
placard may park in places reserved for mobility disabled persons. The
director shall adopt rules providing for the issuance of special placards and license
plates to public transportation authorities, nursing homes licensed under
chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW,
senior citizen centers, and private nonprofit agencies as defined in chapter
24.03 RCW that regularly transport disabled persons who have been determined
eligible for special parking privileges provided under this section. The
director may issue special license plates for a vehicle registered in the name
of the public transportation authority, nursing home, boarding homes,
senior citizen center, or private nonprofit agency if the vehicle is primarily
used to transport persons with disabilities described in this section. Public
transportation authorities, nursing homes, boarding homes, senior
citizen centers, and private nonprofit agencies are responsible for insuring
that the special placards and license plates are not used improperly and are
responsible for all fines and penalties for improper use.
(3)
Whenever the disabled person transfers or assigns his or her interest in the
vehicle, the special license plates shall be removed from the motor vehicle.
If another vehicle is acquired by the disabled person and the vehicle owner
qualifies for a special plate, the plate shall be attached to the vehicle, and
the director shall be immediately notified of the transfer of the plate. If
another vehicle is not acquired by the disabled person, the removed plate shall
be immediately surrendered to the director.
(4)
The special license plate shall be renewed in the same manner and at the time
required for the renewal of regular motor vehicle license plates under this
chapter. No special license plate may be issued to a person who is temporarily
disabled. A person who has a condition expected to improve within six months
may be issued a temporary placard for a period not to exceed six months. The
director may issue a second temporary placard during that period if requested
by the person who is temporarily disabled. If the condition exists after six
months a new temporary placard shall be issued upon receipt of a new
certification from the disabled person's physician. The parking placard of a
disabled person shall be renewed, when required by the director, by
satisfactory proof of the right to continued use of the privileges.
(5)
Additional fees shall not be charged for the issuance of the special placards.
No additional fee may be charged for the issuance of the special license plates
except the regular motor vehicle registration fee and any other fees and taxes
required to be paid upon registration of a motor vehicle.
(6)
Any unauthorized use of the special placard or the special license plate is a
misdemeanor.
(7) It
is a traffic infraction, with a monetary penalty of not less than fifteen and
not more than fifty dollars for any person to park a vehicle in a parking place
provided on private property without charge or on public property reserved for
physically disabled persons without a special license plate or placard. If a
person is charged with a violation, the person shall not be determined to have
committed an infraction if the person produces in court or before the court
appearance the special license plate or placard required under this section.
(8) It
is a misdemeanor for any person to willfully obtain a special license plate or
placard in a manner other than that established under this section.
