H-2046.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1376
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By House Committee on Transportation (originally sponsored by Representatives G. Chandler, Fisher, Mitchell, K. Schmidt, Romero, Mielke, Skinner, Scott, O'Brien, Wood and Mulliken)
Read first time 02/26/1999.
AN ACT Relating to special parking privileges for leg amputees; and amending RCW 46.16.381.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.16.381 and 1998 c 294 s 1 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) The applications for disabled parking permits and temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up to $5,000 or both."
(3) Those individuals who have lost a lower extremity, partially or completely, are exempt from the physician certification requirement necessary to receive special parking privileges. In order to qualify for special parking privileges, these individuals must apply at a licensing office, and authorized department staff must visually confirm the loss of the lower extremity. Based on this confirmation, the certification of the person's disability is satisfied.
(4) 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 and an individual serial number, along with a special identification card bearing the photograph, name, and date of birth of the person to whom the placard is issued, and the placard's serial number. 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 upon submitting a written request to the department. 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, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances 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, private nonprofit agency, or cabulance service 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, private nonprofit agencies, and cabulance services 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.
(((4)))
(5) 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.
(((5)))
(6) 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. 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 permanent parking placard and photo identification card of a
disabled person shall be renewed at least every five years, as required by the
director, by satisfactory proof of the right to continued use of the privileges.
In the event of the permit holder's death, the parking placard and photo
identification card must be immediately surrendered to the department. The
department shall match and purge its disabled permit data base with available
death record information at least every twelve months.
(((6)))
(7) Each person who has been issued a permanent disabled parking permit
on or before July 1, 1998, must renew the permit no later than July 1, 2003,
subject to a schedule to be set by the department, or the permit will expire.
(((7)))
(8) The department may not require existing permit holders to obtain a
physician's recertification of their disability in order to renew their
disabled parking permits.
(9) Additional fees shall not be charged for the issuance of the special placards or the photo identification cards. 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.
(((8)))
(10) Any unauthorized use of the special placard, special license plate,
or photo identification card is a traffic infraction with a monetary penalty of
two hundred fifty dollars.
(((9)))
(11) It is a parking infraction, with a monetary penalty of two hundred
fifty dollars for a person to make inaccessible the access aisle located next
to a space reserved for physically disabled persons. The clerk of the court
shall report all violations related to this subsection to the department.
(((10)))
(12) It is a parking infraction, with a monetary penalty of two hundred
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. A local
jurisdiction providing nonmetered, on-street parking places reserved for
physically disabled persons may impose by ordinance time restrictions of no
less than four hours on the use of these parking places. A local jurisdiction
may impose by ordinance time restrictions of no less than four hours on the use
of nonreserved, on-street parking spaces by vehicles displaying the special
parking placards. All time restrictions must be clearly posted.
(((11)))
(13) The penalties imposed under subsections (((9) and (10))) (11)
and (12) of this section shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose an additional
penalty sufficient to reimburse the local jurisdiction for any costs it may
have incurred in removal and storage of the improperly parked vehicle.
(((12)))
(14) Except as provided by subsection (2) of this section, it is a
traffic infraction with a monetary penalty of two hundred fifty dollars for any
person willfully to obtain a special license plate, placard, or photo
identification card in a manner other than that established under this section.
(((13)))
(15)(a) A law enforcement agency authorized to enforce parking laws may
appoint volunteers, with a limited commission, to issue notices of infractions
for violations of this section or RCW 46.61.581. Volunteers must be at least
twenty-one years of age. The law enforcement agency appointing volunteers may
establish any other qualifications the agency deems desirable.
(b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person to show the person's photo identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.
(((14)))
(16) For second or subsequent violations of this section, in addition to
a monetary fine, the violator must complete a minimum of forty hours of:
(a) Community service for a nonprofit organization that serves the disabled community or persons having disabling diseases; or
(b) Any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.
(((15))) (17) The court may not suspend more than
one-half of any fine imposed under subsection (((8), (9),)) (10), ((or))
(11), (12), or (14) of this section.
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