AN
ACT Relating to special identification cards for persons issued disabled
parking permits; and amending RCW 46.16.381.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.16.381 and 1999 c 136 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)
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 name and date of birth of the person to
whom the placard is issued, and the placard's serial number. The special
identification card shall be issued no later than January 1, 2000, to all
persons who are issued parking placards, including those issued for temporary
disabilities, and special disabled parking license plates. ((By July 1,
2001, the department shall incorporate a photograph of the holder of the
disabled parking permit into all special identification cards issued after that
date. The department, in conjunction with the governor's committee on
disability issues and employment, shall assess options for issuing a photo
identification card to each person who qualifies for a permanent parking
placard, a temporary parking placard, or a special disabled parking license
plate and report findings to the legislative transportation committee no later
than December 31, 2000.)) 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)
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)
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 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 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)
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)
Additional fees shall not be charged for the issuance of the special placards
or the 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)
Any unauthorized use of the special placard, special license plate, or
identification card is a traffic infraction with a monetary penalty of two
hundred fifty dollars.
(9)
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)
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)
The penalties imposed under subsections (9) and (10) 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)
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 identification card in
a manner other than that established under this section.
(13)(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
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)
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)
The court may not suspend more than one-half of any fine imposed under
subsection (8), (9), (10), or (12) of this section.
