WSR 98-04-014
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed January 26, 1998, 10:05 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-20-057.
Title of Rule: Chapter 308-96A WAC, Vehicle licenses.
Purpose: To clarify the requirements to renew a disabled person parking privilege in WAC 308-96A-340. Relocate wording from WAC 308-96A-315 into WAC 308-96A-340 that address temporary disabled person parking placards. Create a new section in chapter 308-96A WAC which clarifies the return of individual disabled person parking placards and disabled person parking license plates when the privilege is no longer valid.
Statutory Authority for Adoption: RCW 46.01.110.
Summary: In an effort to better account for authorized renewals of disabled person parking placards the department is adding wording which a licensed physician's certification of continued disabling condition. The department is also establishing rules for the return of expired or no longer valid placards and special disabled person parking license plates to curtail the misuse of these items.
Reasons Supporting Proposal: It has been demonstrated that placards are being used by persons who do not qualify for a special disabled person parking privilege.
Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, WA, (360) 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754; and Enforcement: Evelyn Barker, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.
Name of Proponent: Department of Licensing, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 308-96A-340, as amended, will provide better accountability of authorized use of renewed disabled person parking placards and special license plates. The current rule has no allowances for a licensed physician to certify the disabling condition continues to exist and renewal of the disabled person parking privilege is justified. Adding a new section to chapter 308-96A WAC, Vehicle licenses, provides guidance for the return, to the department, of disabled person parking placards and disabled person special license plates that have expired or are no longer valid.
Proposal Changes the Following Existing Rules: Amends WAC 308-96A-340 to add requirement for a licensed physician to certify the disabling condition continues to exist at time of renewal of the disabled person parking privilege. Adds new section to chapter 308-96A WAC, Vehicle licenses, stipulating the requirements for the return of expired or invalid parking placards and special disabled person license plates.
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.
RCW 34.05.328 (5)(a) 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 309, 1125 Washington Street S.E., Olympia, WA 98507, on March 12, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Pat Zlateff by March 9, 1998, TDD (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Patrick J. Zlateff, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by March 11, 1998.
Date of Intended Adoption: March 19, 1998.
January 23, 1998
Nancy Kelly, Administrator
Title and Registration Services
AMENDATORY SECTION (Amending WSR 97-02-001, filed 12/19/96, effective
1/19/97)
WAC 308-96A-340 Disabled person parking privileges--Validation term
and renewal. (1) Upon application to the department, a permanent
disabled person special parking ((placard)) privilege shall be ((issued))
granted to a person with a condition listed in RCW 46.16.381(1). The
privilege is issued for a term not to exceed five years from the month
and year in which the ((placard)) privilege is ((issued)) granted.
Provided, the application for the disabled person parking privilege is
signed by the applicant and accompanied by the certification signed by
a licensed physician. The applicant may renew the privilege and placard
((may be renewed)) by ((providing)) submitting a written statement or
renewal application to the department accompanied by a certification of
a continued disabling condition, listed in RCW 46.16.381(1), signed by
a licensed physician. ((The application must be signed by the applicant
and state that the applicant continues to have disability conditions
listed in RCW 46.16.381.)) Upon approval, the department shall issue a
new placard valid for an additional five-year term.
(2) A temporary disabled person special parking privilege and
placard shall be issued for the term of the applicant's temporary
disability, as certified by a licensed physician, but shall not exceed
six months from the date the ((placard)) privilege is ((issued)) granted.
Upon expiration of ((such)) this privilege and placard, ((an additional))
a new temporary placard may be issued upon ((verification)) reapplication
and certification by a licensed physician that the applicant continues
to have a qualifying temporary disability. A temporary disabled person
parking placard may also be issued upon visual verification, by the
issuing authority, of a qualifying disability listed in RCW 46.16.381(1).
This temporary placard shall be valid for the month of issuance unless
there is less than two weeks remaining in the month. If there are less
than two weeks remaining then this temporary placard is valid for the
next succeeding month. This temporary placard may not be extended
without a physician's certificate of disability.
(3) An applicant, who is an owner or co-owner of a vehicle and has
a disability listed in RCW 46.16.381(1), as certified by a licensed
physician, is eligible for a special disabled person parking license
plate for ((the same term as the permanent disabled person parking
placard issued to the applicant)) one vehicle. The applicant choosing
the special disabled person parking license plate must validate their
continued eligibility for disabled person parking privilege every five
years by signing a renewal application or written statement. The renewal
application or written statement must be accompanied by a certification
of continued disabling condition, listed in RCW 46.16.381(1), signed by
a licensed physician. The license fees and taxes for the vehicle
displaying a disabled person parking license plate must be paid when due
or the license plate is invalid.
(4) A permanent or temporary disabled person parking placard is
invalid after the month and year indicated on the placard. A special
disabled person parking license plate is invalid when the vehicle license
fees and taxes are past due, the license plate is canceled((, or when the
permanent disabled person parking placard issued in conjunction with the
license plate is invalid)). If the eligibility is canceled, the special
disabled person parking license plates and/or placards become invalid.
[Statutory Authority: RCW 46.01.110. 97-02-001, 308-96A-340, filed
12/19/96, effective 1/19/97. Statutory Authority: RCW 46.01.110 and
46.16.276. 92-03-076, 308-96A-340, filed 1/14/92, effective 2/14/92.]
NEW SECTION
WAC 308-96A-341 Individual disabled person parking privilege no longer valid. When the disabled person parking privilege is no longer valid or required, the disabled person special parking placard and the special disabled person parking license plate must be returned to the department or its authorized agents within fifteen days from the date they become invalid or are no longer required. Reasons for the parking privilege being no longer valid include, but are not limited to:
(1) The disability no longer exists;
(2) The person with the qualifying disability is deceased;
(3) The disabled person parking privilege has expired and has not been renewed;
(4) The special disabled parking license plate has expired and has
not been renewed within forty-five days of the plate's expiration.
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