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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to accessible parking spaces.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes criteria for parking in certain accessible parking spaces;
14 ▸ creates a windshield placard for use by a person with a disability that requires the
15 use of a wheelchair or other walking-assistive device; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 41-1a-414, as last amended by Laws of Utah 2015, Chapter 412
24 41-1a-420, as last amended by Laws of Utah 2009, Chapter 66
25 41-1a-1306, as last amended by Laws of Utah 2014, Chapter 30
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 41-1a-414 is amended to read:
29 41-1a-414. Parking privileges for persons with disabilities.
30 (1) As used in this section[
31 (a) "Accessible parking space" means a parking space that is clearly identified as
32 reserved for use by a person with a disability and includes:
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34 visible from a passing vehicle; and
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36 part of the parking space.
37 (b) "Temporary wheelchair user placard" means the same as that term is defined in
38 Section 41-1a-420.
39 (c) "Van accessible parking space" means an accessible parking space that is reserved
40 for use by a qualifying person with a walking disability who has a temporary wheelchair user
41 placard or a wheelchair user placard and includes:
42 (i) vertical signage with the international symbol of accessibility and the words "van
43 accessible" that is visible from a passing vehicle; and
44 (ii) a clearly marked access aisle that is adjacent to and considered part of the parking
45 space.
46 (d) "Walking disability" means a physical disability that requires the use of a
47 walking-assistive device or wheelchair or similar low-powered motorized or mechanically
48 propelled vehicle that is specifically designed to assist a person who has a limited or impaired
49 ability to walk.
50 (e) "Wheelchair user placard" means the same as that term is defined in Section
51 41-1a-420.
52 (2) Except in parking areas designated for emergency use, a person with a disability,
53 qualifying under rules made in accordance with Section 41-1a-420, may park an appropriately
54 marked vehicle for reasonable periods without charge in metered parking zones and restricted
55 parking areas, in a manner that allows proper access to the vehicle by the person with a
56 disability.
57 (3) (a) Only those vehicles carrying a person with a disability special group license
58 plate, temporary removable windshield placard, or removable windshield placard and
59 transporting a qualifying person with a disability may park in an accessible parking space.
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61 (b) (i) Except as provided in Subsection (3)(b)(ii), a person may not park in a van
62 accessible parking space unless the person is:
63 (A) transporting a qualifying person with a walking disability who has a temporary
64 wheelchair user placard or a wheelchair user placard; and
65 (B) driving either a van equipped with a wheelchair lift or a vehicle carrying the
66 person's walking-assistive device or wheelchair.
67 (ii) In a parking lot in which 50% or more of the total accessible and van accessible
68 parking spaces are designated as van accessible parking spaces, a person may not park in a van
69 accessible parking space unless the person is transporting a qualifying person with a disability
70 and has a:
71 (A) disability special group license plate;
72 (B) temporary removable windshield placard;
73 (C) removable windshield placard;
74 (D) temporary wheelchair user placard; or
75 (E) wheelchair user placard.
76 (c) (i) A violation of Subsection (3)(a) is a class C misdemeanor.
77 (ii) Except as provided in Subsection (3)(c)(iii), a violation of Subsection (3)(b) is a
78 class C misdemeanor.
79 (iii) Until January 1, 2019, a peace officer shall issue a warning instead of a citation to
80 an individual for a violation of Subsection (3)(b)(i) if the individual:
81 (A) has not previously been warned for a violation of Subsection (3)(b)(i); and
82 (B) is transporting a person with a disability who has a disability special group license
83 plate, a temporary removable windshield placard, or a removable windshield placard.
84 (iv) (A) Except as provided in Subsection (3)(c)(iv)(B), the court shall impose a
85 minimum fine of $125 on a person convicted of violating this section.
86 (B) A court may waive all or a portion of the fine charged to a person for a violation of
87 this section if the operator of the vehicle presents evidence to the court that the individual had
88 been issued a disability special group license plate, a temporary removable windshield placard,
89 a removable windshield placard, a temporary wheelchair user placard, or a wheelchair user
90 placard at the time of the violation.
91 (4) This section applies to and may be enforced on public property and on private
92 property that is used or intended for use by the public.
93 (5) The parking privileges granted by this section also apply to vehicles displaying a
94 person with a disability special group license plate, temporary removable windshield placard,
95 or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
96 used by a person with a disability.
97 Section 2. Section 41-1a-420 is amended to read:
98 41-1a-420. Disability special group license plates -- Application and qualifications
99 -- Rulemaking.
100 (1) As used in this section:
101 (a) "Advanced practice registered nurse" means a person licensed to practice as an
102 advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
103 (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
104 nurse practitioner.
105 (c) "Physician" means a person licensed to practice as a physician or osteopath in this
106 state under Title 58, Chapter 67, Utah Medical Practice Act or Title 58, Chapter 68, Utah
107 Osteopathic Medical Practice Act.
108 (d) "Temporary wheelchair user placard" means a removeable windshield placard that
109 is issued to a qualifying person, as provided in this section, who has a walking disability that is
110 not permanent.
111 (e) "Walking disability" means a physical disability that requires the use of a
112 walking-assistive device or wheelchair or similar low-powered motorized or mechanically
113 propelled vehicle that is designed to specifically assist a person who has a limited or impaired
114 ability to walk.
115 (f) "Wheelchair user placard" means a removeable windshield placard that is issued to
116 a qualifying person, as provided in this section, who has a walking disability.
117 (2) (a) The division shall issue a disability special group license plate, a temporary
118 removable windshield placard, or a removable windshield placard to an applicant who is either:
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121 transportation of persons with disabilities that limit or impair the ability to walk.
122 (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
123 placard to an applicant who is either:
124 (i) a qualifying person with a walking disability; or
125 (ii) the registered owner of a vehicle that an organization uses primarily for the
126 transportation of persons with a walking disability.
127 (c) The division shall require that an applicant under Subsection (2)(b) certifies that the
128 person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
129 walking-assistive device or wheelchair and requires a van accessible parking space.
130 (3) (a) The [
131 ensure that the initial application contains the certification of a physician or nurse practitioner
132 that:
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134 impairs the ability to walk as defined in the federal Uniform System for Parking for Persons
135 with Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991); [
136 (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
137 user placard, the applicant has a walking disability; and
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139 determines the applicant will have the disability, not to exceed six months in the case of a
140 temporary disability or a temporary walking disability.
141 (b) The division shall issue a disability special group license plate [
142 windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
143 disability.
144 (c) The issuance of a person with a disability special group license plate does not
145 preclude the issuance to the same applicant of a removable windshield placard or wheelchair
146 user placard.
147 (d) (i) On request of an applicant with a disability special group license plate, a
148 temporary removable windshield placard, or a removable windshield placard, the division shall
149 issue one additional placard.
150 (ii) On request of a qualified applicant with a disability special group license plate, the
151 division shall issue up to two temporary wheelchair user placards or two wheelchair user
152 placards.
153 (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
154 wheelchair user placard, the division shall issue one additional placard.
155 (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
156 user placard have the following visible features:
157 (i) a large "W" next to the internationally recognized disabled persons symbol; and
158 (ii) the words "Wheelchair User" printed on a portion of the placard.
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160 placard, or removable windshield placard may be used to allow one motorcycle to share a
161 parking space reserved for persons with a disability if:
162 (i) the person with a disability:
163 (A) is using a motorcycle; and
164 (B) displays on the motorcycle a disability special group license plate, temporary
165 removable windshield placard, or a removable windshield placard;
166 (ii) the person who shares the parking space assists the person with a disability with the
167 parking accommodation; and
168 (iii) the parking space is sufficient size to accommodate both motorcycles without
169 interfering with other parking spaces or traffic movement.
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174 (4) (a) When a vehicle is parked in a parking space reserved for persons with
175 disabilities, a temporary removable windshield placard, a removable windshield placard, a
176 temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
177 placard is visible from the front of the vehicle.
178 (b) If a motorcycle is being used, the temporary removable windshield placard or
179 removable windshield placard shall be displayed in plain sight on or near the handle bars of the
180 motorcycle.
181 (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
182 Administrative Rulemaking Act, to:
183 (a) establish qualifying criteria for persons to receive, renew, or surrender special group
184 license plates, a temporary removable windshield placard, [
185 a temporary wheelchair user placard, or a wheelchair user placard in accordance with this
186 section;
187 (b) establish the maximum number of numerals or characters for disability special
188 group license plates; [
189 (c) require all temporary removable windshield placards [
190 placards, temporary wheelchair user placards, and wheelchair user placards to include:
191 (i) an identification number;
192 (ii) an expiration date not to exceed:
193 (A) six months for a temporary removable windshield placard; and
194 (B) two years for a removable windshield placard; and
195 (iii) the seal or other identifying mark of the division.
196 Section 3. Section 41-1a-1306 is amended to read:
197 41-1a-1306. Abuse of persons with disabilities parking privileges -- Revocation of
198 special plate or transferable ID card -- Fine.
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200 Section 41-1a-414 or allows an individual who is not a person with a disability to use those
201 parking privileges may have the person's disability special group license plate, temporary
202 removable windshield placard, [
203 revoked by the division.
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210 Section 4. Effective date.
211 This bill takes effect on January 1, 2017.