1     
ACCESSIBLE PARKING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: David P. Hinkins

6     

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
26     

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:
33          [(a)] (i) vertical signage, including the international symbol of accessibility, that is
34     visible from a passing vehicle; and
35          [(b)] (ii) a clearly marked access aisle, if provided, that is adjacent to and considered
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 marked
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.
60          (b) A violation of Subsection (3)(a) is a class C misdemeanor.
61          (c) A person described in Subsection (3)(a) is encouraged to avoid parking in a van
62     accessible parking space unless:
63          (i) the person has a walking disability and has a temporary wheelchair user placard;
64          (ii) the person has a wheelchair user placard; or
65          (iii) all other accessible parking spaces that are not van accessible parking spaces are
66     occupied.
67          (4) This section applies to and may be enforced on public property and on private
68     property that is used or intended for use by the public.
69          (5) The parking privileges granted by this section also apply to vehicles displaying a
70     person with a disability special group license plate, temporary removable windshield placard,
71     or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
72     used by a person with a disability.
73          Section 2. Section 41-1a-420 is amended to read:
74          41-1a-420. Disability special group license plates -- Application and qualifications
75     -- Rulemaking.
76          (1) As used in this section:
77          (a) "Advanced practice registered nurse" means a person licensed to practice as an
78     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
79          (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
80     nurse practitioner.
81          (c) "Physician" means a person licensed to practice as a physician or osteopath in this
82     state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
83     Osteopathic Medical Practice Act.
84          (d) "Temporary wheelchair user placard" means a removable windshield placard that is
85     issued to a qualifying person, as provided in this section, who has a walking disability that is
86     not permanent.
87          (e) "Walking disability" means a physical disability that requires the use of a
88     walking-assistive device or wheelchair or similar low-powered motorized or mechanically
89     propelled vehicle that is designed to specifically assist a person who has a limited or impaired
90     ability to walk.
91          (f) "Wheelchair user placard" means a removable windshield placard that is issued to a
92     qualifying person, as provided in this section, who has a walking disability.
93          (2) (a) The division shall issue a disability special group license plate, a temporary
94     removable windshield placard, or a removable windshield placard to an applicant who is either:
95          [(a)] (i) a qualifying person with a disability; or
96          [(b)] (ii) the registered owner of a vehicle that an organization uses primarily for the
97     transportation of persons with disabilities that limit or impair the ability to walk.
98          (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
99     placard to an applicant who is either:
100          (i) a qualifying person with a walking disability; or
101          (ii) the registered owner of a vehicle that an organization uses primarily for the
102     transportation of persons with walking disabilities.
103          (c) The division shall require that an applicant under Subsection (2)(b) certifies that the
104     person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
105     walking-assistive device or wheelchair and requires a van accessible parking space.
106          (3) (a) The [initial application of a] person with a disability shall [be accompanied by]
107     ensure that the initial application contains the certification of a physician or nurse practitioner
108     that:
109          (i) [that] the applicant meets the definition of a person with a disability that limits or
110     impairs the ability to walk as defined in the federal Uniform System for Parking for Persons
111     with Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991); [and]
112          (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
113     user placard, the applicant has a walking disability; and
114          [(ii) specifying] (iii) specifies the period of time that the physician or nurse practitioner
115     determines the applicant will have the disability, not to exceed six months in the case of a
116     temporary disability or a temporary walking disability.
117          (b) The division shall issue a disability special group license plate [or], a removable
118     windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
119     disability.
120          (c) The issuance of a person with a disability special group license plate does not
121     preclude the issuance to the same applicant of a removable windshield placard or wheelchair
122     user placard.
123          (d) (i) On request of an applicant with a disability special group license plate, a
124     temporary removable windshield placard, or a removable windshield placard, the division shall
125     issue one additional placard.
126          (ii) On request of a qualified applicant with a disability special group license plate, the
127     division shall issue up to two temporary wheelchair user placards or two wheelchair user
128     placards.
129          (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
130     wheelchair user placard, the division shall issue one additional placard.
131          (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
132     user placard have the following visible features:
133          (i) a large "W" next to the internationally recognized disabled persons symbol; and
134          (ii) the words "Wheelchair User" printed on a portion of the placard.
135          [(e)] (f) A disability special group license plate, temporary removable windshield
136     placard, or removable windshield placard may be used to allow one motorcycle to share a
137     parking space reserved for persons with a disability if:
138          (i) the person with a disability:
139          (A) is using a motorcycle; and
140          (B) displays on the motorcycle a disability special group license plate, temporary
141     removable windshield placard, or a removable windshield placard;
142          (ii) the person who shares the parking space assists the person with a disability with the
143     parking accommodation; and
144          (iii) the parking space is sufficient size to accommodate both motorcycles without
145     interfering with other parking spaces or traffic movement.
146          [(4) (a) The temporary removable windshield placard or removable windshield placard
147     shall be hung from the front windshield rearview mirror when the vehicle is parked in a
148     parking space reserved for persons with disabilities so that it is visible from the front and rear
149     of the vehicle.]
150          (4) (a) When a vehicle is parked in a parking space reserved for persons with
151     disabilities, a temporary removable windshield placard, a removable windshield placard, a
152     temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
153     placard is visible from the front of the vehicle.
154          (b) If a motorcycle is being used, the temporary removable windshield placard or
155     removable windshield placard shall be displayed in plain sight on or near the handle bars of the
156     motorcycle.
157          (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
158     Administrative Rulemaking Act, to:
159          (a) establish qualifying criteria for persons to receive, renew, or surrender a disability
160     special group license [plates] plate, a temporary removable windshield placard, [or] a
161     removable windshield placard, a temporary wheelchair user placard, or a wheelchair user
162     placard in accordance with this section;
163          (b) establish the maximum number of numerals or characters for a disability special
164     group license [plates; and] plate;
165          (c) require all temporary removable windshield placards [and], removable windshield
166     placards, temporary wheelchair user placards, and wheelchair user placards to include:
167          (i) an identification number;
168          (ii) an expiration date not to exceed:
169          (A) six months for a temporary removable windshield placard; and
170          (B) two years for a removable windshield placard; and
171          (iii) the seal or other identifying mark of the division.
172          (6) The commission shall insert the following on motor vehicle registration certificates:
173          "State law prohibits persons who do not lawfully possess a disability placard or
174     disability special group license plate from parking in an accessible parking space designated for
175     persons with disabilities. Persons who possess a disability placard or disability special group
176     license plate are discouraged from parking in an accessible parking space designated as van
177     accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."
178          Section 3. Section 41-1a-1306 is amended to read:
179          41-1a-1306. Abuse of persons with disabilities parking privileges -- Revocation of
180     special plate or transferable ID card -- Fine.
181          [(1)] A person with a disability who abuses the rights and privileges conferred under
182     Section 41-1a-414 or allows an individual who is not a person with a disability to use those
183     parking privileges may have the person's disability special group license plate, temporary
184     removable windshield placard, [or] removable windshield placard, temporary wheelchair user
185     placard, or wheelchair user placard revoked by the division.
186          [(2) (a) Except as provided in Subsection (2)(b), a person who violates Section
187     41-1a-414 shall pay a minimum fine of $125.]
188          [(b) A court may waive up to $100 of the fine charged to a person for a violation of
189     Section 41-1a-414 under Subsection (2)(a) if the operator of the vehicle presents evidence to
190     the court that the individual had been issued a disability special group license plate, temporary
191     removable windshield placard, or removable windshield placard at the time of the violation.]
192          Section 4. Effective date.
193          This bill takes effect on January 1, 2018.