Bill Text: NJ A2961 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes penalty for unlawfully using handicapped parking placard.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-21 - Introduced, Referred to Assembly Law and Public Safety Committee [A2961 Detail]
Download: New_Jersey-2012-A2961-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes penalty for unlawfully using handicapped parking placard.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning handicapped parking and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person who knowingly parks a motor vehicle in a restricted handicapped parking space while unlawfully using a temporary or permanent handicapped placard issued pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) shall be subject to a fine of up to $500 in addition to and notwithstanding the provisions of subsection o. of R.S.39:4-138. For the purposes of this act, the "unlawful use" of a temporary or permanent handicapped placard shall include, but not be limited to, the display of a temporary or permanent handicapped placard by a person:
a. other than a handicapped driver or passenger who has lawfully been issued a temporary or permanent placard in accordance with section 3 of P.L.1949, c.280 (C.39:4-206);
b. who has been issued a temporary placard pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) which has since expired following the date of issuance or renewal; or
c. who has been issued a permanent placard pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) whose handicapped person identification card has been revoked or deemed invalid under section 2 of P.L.1949, c.280 (C.39:4-205).
2. This act shall take effect immediately.
STATEMENT
This bill establishes a penalty for a person who unlawfully uses temporary or permanent handicapped parking placard.
Under current law, persons who qualify as handicapped may apply to the Motor Vehicle Commission for special handicapped person identification cards. The holder of an identification card may obtain a permanent handicapped parking placard to be displayed in a motor vehicle driven by or transporting the handicapped person. Additionally, a person who qualifies as being temporarily disabled may obtain a temporary handicapped placard which is valid for six months and may be renewed once for an additional six month period.
Handicapped
placards entitle the driver of the motor vehicle in which the placard is
displayed to park in spaces specially designated for use by handicapped
persons. The law currently
penalizes any person who illegally parks in a handicapped parking space without
a placard with a fine of $250 for the first offense. A person who commits a
second or subsequent offense is fined at least $250, and may serve up to 90
days of community service. If someone who does not have a disability uses
another person's permit or plates, the Motor Vehicle Commission or issuing
locality may revoke the permit or plates, or deny renewal.
Under this bill, a person who unlawfully uses a temporary or permanent handicapped parking placard in order to use a handicapped parking space would be subject to a fine of up to $500. This penalty would be imposed in addition to the penalty for illegally parking in a handicapped parking space. The bill specifies that the unlawful use of a temporary or permanent handicapped placard includes the display of a placard by a person other than a handicapped driver or a passenger who has lawfully been issued a temporary or permanent placard. The unlawful use of a placard also includes displaying a temporary placard after it has expired, or displaying a permanent placard after a handicapped person identification card has been revoked or deemed invalid.
