H.B. 5 Enrolled

PERSON WITH A DISABILITY MOTORCYCLE
PARKING
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Todd E. Kiser

LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code to authorize the use of person with a
disability parking placards to allow assistance to persons with a disability parking a
motorcycle.
Highlighted Provisions:
This bill:
. provides that a disability special group license plate, temporary removable
windshield placard, or removable windshield placard may be used to allow one
motorcycle to share a parking space reserved for persons with a disability if the
additional motorcycle rider assists the person with a disability who is parking a
motorcycle; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-420, as enacted by Chapter 1, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-420 is amended to read:

41-1a-420. Disability special group license plates -- Application and qualifications
-- Rulemaking.
(1) The division shall issue a disability special group license plate, a temporary
removable windshield placard, or a removable windshield placard to:
(a) a qualifying person with a disability; or
(b) the registered owner of a vehicle that an organization uses primarily for the
transportation of persons with disabilities that limit or impair the ability to walk.
(2) (a) The initial application of a person with a disability shall be accompanied by the
certification of a licensed physician:
(i) that the applicant meets the definition of a person with a disability that limits or
impairs the ability to walk as defined in the federal Uniform System for Parking for Persons with
Disabilities, 23 C.F.R. Ch. 11, Subch. B, Pt. 1235.2 (1991); and
(ii) containing the period of time that the physician determines the applicant will have the
disability, not to exceed six months in the case of a temporary disability.
(b) The division shall issue a person with a disability special group license plate or a
removable windshield placard to a person with a permanent disability.
(c) The issuance of a person with a disability special group license plate does not
preclude the issuance to the same applicant of a removable windshield placard.
(d) On request of an applicant[, the division shall issue one additional placard to a
person] with a disability special group license plate, temporary removable windshield placard, or
a removable windshield placard the division shall issue one additional placard.
(e) A disability special group license plate, temporary removable windshield placard, or
removable windshield placard may be used to allow one motorcycle to share a parking space
reserved for persons with a disability if:
(i) the person with a disability:
(A) is using a motorcycle; and
(B) displays on the motorcycle a disability special group license plate, temporary
removable windshield placard, or a removable windshield placard;

(ii) the person who shares the parking space assists the person with a disability with the
parking accommodation; and
(iii) the parking space is sufficient size to accommodate both motorcycles without
interfering with other parking spaces or traffic movement.
(3) (a) The temporary removable windshield placard or removable windshield placard
shall be hung from the front windshield rearview mirror when the vehicle is parked in a parking
space reserved for persons with disabilities so that it is visible from the front and rear of the
vehicle.
(b) If a motorcycle is being used, the temporary removable windshield placard or
removable windshield placard shall be displayed in plain sight on or near the handle bars of the
motorcycle.
(4) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates, a temporary removable windshield placard, or a removable windshield placard in
accordance with this section;
(b) establish the maximum number of numerals or characters for disability special group
license plates; and
(c) require all temporary removable windshield placards and removable windshield
placards to include:
(i) an identification number;
(ii) an expiration date not to exceed:
(A) six months for a temporary removable windshield placard; and
(B) two years for a removable windshield placard; and
(iii) the seal or other identifying mark of the division.