(a)(1) The commissioner may
issue up to two special registration plates or removable windshield placards to
a person with a mobility impairment or a West Virginia organization which
transports persons with disabilities and facilitates the mobility of its
customers, patients, students, or persons otherwise placed under its
responsibility.
(2) Special registration
plates or placards may only be issued for placement on a Class A or Class G
motor vehicle registered under the provisions of §17A-3-1 et seq. of
this code.
(3) The applicant shall
specify whether he or she is applying for a special registration plate, a
removable windshield placard, or both on the application form prescribed and
furnished by the commissioner.
(4) The applicant shall
submit, with the application, a certificate issued by any physician,
chiropractor, advanced nurse practitioner, or physician’s assistant who is
licensed in this state, stating that the applicant has a mobility impairment,
or that the applicant is an organization which regularly transports a person
with a mobility impairment as defined in this section. The physician,
chiropractor, advanced nurse practitioner, or physician’s assistant shall
specify in the certificate whether the disability is temporary or permanent. A disability which is temporary is one expected to last for
a limited duration and improve during the applicant’s life. A disability which
is permanent is one which is expected to last during the duration of the
applicant’s life.
(5) Upon receipt of the
completed application, the physician’s certificate and the regular registration
fee for the applicant’s vehicle class, if the commissioner finds that the
applicant qualifies for the special registration plate or a removable windshield
placard as provided in this section, he or she shall issue to the applicant a
special registration plate (upon remittance of the regular registration fee) or
a removable windshield placard (red for temporary and blue for permanent), or
both. Upon request, the commissioner shall also issue to any otherwise
qualified applicant one additional placard having the same expiration date as
the applicant’s original placard. The placard shall be displayed by hanging it
from the interior rearview mirror of the motor vehicle so that it is
conspicuously visible from outside the vehicle when parked in a designated
accessible parking space. The placard may be removed from the rearview mirror
whenever the vehicle is being operated to ensure clear vision and safe driving.
Only in the event that there is no suitable rearview mirror in the vehicle may
the placard be displayed on the dashboard of the vehicle.
(6) Organizations which
transport people with disabilities will be provided with a placard which will
permit them to park in a designated area for the length of time necessary to
load and unload passengers. These vehicles must be moved to a nondesignated
space once the loading or unloading process is complete.
(b) As used in this
section, the following terms have the meanings ascribed to them in this
subsection:
(1) A person or applicant
with a “mobility impairment” means a person who is a citizen of West Virginia
and as determined by a physician, allopath, or osteopath, chiropractor,
advanced nurse practitioner, or physician’s assistant licensed to practice in
West Virginia:
(A) Cannot walk 200 feet
without stopping to rest;
(B) Cannot walk without the
use of or assistance from a brace, cane, crutch, prosthetic device, wheelchair,
other assistive device, or another person;
(C) Is restricted by lung
disease to such an extent that the person’s force (respiratory) expiratory
volume for one second, when measured by spirometry, is less than one liter or
the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(D) Uses portable oxygen;
(E) Has a cardiac condition
to such an extent that the person’s functional limitations are classified in
severity as Class III or Class IV according to standards established by the
American Heart Association; or
(F) Is severely limited in
his or her ability to walk because of an arthritic, neurological, or other
orthopedic condition;
(2) “Special registration
plate” means a registration plate that displays the international symbol of
access, as adopted by the Rehabilitation International Organization in 1969 at
its Eleventh World Congress on Rehabilitation of the Disabled, in a color that
contrasts with the background, in letters and numbers the same size as those on
the plate, and which may be used in lieu of a regular registration plate;
(3) “Removable windshield
placard” (permanent or temporary) means a two-sided, hanger-style placard
measuring three inches by nine and one-half inches, with all of the following
on each side:
(A) The international
symbol of access, measuring at least three inches in height, centered on the
placard, in white on a blue background for permanent designations and in white
on a red background for temporary designations;
(B) An identification
number measuring one inch in height;
(C) An expiration date in numbers
measuring one inch in height; and
(D) The seal or other
identifying symbol of the issuing authority;
(4) “Regular registration
fee” means the standard registration fee for a vehicle of the same class as the
applicant’s vehicle;
(5) “Public entity” means
state or local government or any department, agency, special purpose district,
or other instrumentality of a state or local government;
(6) “Public facility” means
all or any part of any buildings, structures, sites, complexes, roads, parking
lots, or other real or personal property, including the site where the facility
is located;
(7) “Place or places of
public accommodation” means a facility or facilities operated by a private
entity whose operations affect commerce and fall within at least one of the
following categories:
(A) Inns, hotels, motels,
and other places of lodging;
(B) Restaurants, bars, or
other establishments serving food or drink;
(C) Motion picture houses,
theaters, concert halls, stadiums, or other places of exhibition or entertainment;
(D) Auditoriums, convention
centers, lecture halls, or other places of public gatherings;
(E) Bakeries, grocery
stores, clothing stores, hardware stores, shopping centers, or other sales or
rental establishments;
(F) Laundromats, dry
cleaners, banks, barber and beauty shops, travel agencies, shoe repair shops,
funeral parlors, gas or service stations, offices of accountants and attorneys,
pharmacies, insurance offices, offices of professional health care providers,
hospitals, or other service establishments;
(G) Terminals, depots, or
other stations used for public transportation;
(H) Museums, libraries,
galleries, or other places of public display or collection;
(I) Parks, zoos, amusement
parks, or other places of recreation;
(J) Public or private
nursery, elementary, secondary, undergraduate, or post-graduate schools or
other places of learning and day care centers, senior citizen centers, homeless
shelters, food banks, adoption agencies, or other social services
establishments; and
(K) Gymnasiums, health
spas, bowling alleys, golf courses, or other places of exercise or recreation;
(8) “Commercial facility”
means a facility whose operations affect commerce and which are intended for
nonresidential use by a private entity;
(9) “Accessible parking”
formerly known as “handicapped parking” is the present phrase consistent with
language within the Americans with Disabilities Act (ADA).
(10) “Parking enforcement
personnel” includes any law-enforcement officer as defined by §30-29-1 of this
code, and private security guards, parking personnel, and other personnel
authorized by a city, county, or the state to issue parking citations.
Any person who falsely or
fraudulently obtains or seeks to obtain the special plate or the removable
windshield placard provided for in this section, and any person who falsely
certifies that a person is mobility impaired in order that an applicant may be
issued the special registration plate or windshield placard under this section
is guilty of a misdemeanor and, upon conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined $500. Any person
who fabricates, uses, or sells unofficially issued windshield placards to any
person or organization is committing a fraudulent act and is guilty of a
misdemeanor and, upon conviction thereof, in addition to any other penalty he
or she may otherwise incur, shall be fined $500 per placard fabricated, used,
or sold. Any person who fabricates, uses, or sells unofficially issued
identification cards to any person or organization is committing a fraudulent
act and is guilty of a misdemeanor and, upon conviction thereof, in addition to
any other penalty he or she may otherwise incur, shall be fined $700 per
identification card fabricated, used, or sold. Any person who fabricates, uses,
or sells unofficially issued labels imprinted with a future expiration date to
any person or organization is committing a fraudulent act and is guilty of a
misdemeanor and, upon conviction thereof, in addition to any other penalty he
or she may otherwise incur, shall be fined $700. Any person covered by this
section who sells or gives away their officially issued windshield placard to
any person or organization not qualified to apply or receive the placard and
then reapplies for a new placard on the basis it was stolen is committing a
fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in
addition to any other penalty he or she, or they may otherwise incur, shall
lose their right to receive or use a special placard or special license plate
for a period of not less than five years.
(c) The commissioner shall
set the expiration date for special registration plates and permanent removable
windshield placards on the last day of a given month and year, to be valid for
a minimum of one year but not more than five years, after which time a new
application must be submitted to the commissioner. After the commissioner
receives the new application, signed by a certified physician, chiropractor,
advanced nurse practitioner, or physician’s assistant if required under this
subsection, the commissioner shall issue: (i) A new special registration plate
or new permanent removable windshield placard; or (ii) official labels
imprinted with the new expiration date and designed so as to be placed over the
old dates on the original registration plate or windshield placard: Provided, That a new application under this
subsection must not be accompanied by a certificate pursuant to §17C-13-6(a)(4)
of this code if a prior application is on file with the commissioner, such
application includes a certificate issued pursuant to §17C-13-6(a)(4) of this
code, such certificate specifies that the applicant’s disability is permanent
for life, and such certificate was made within 10 years of the new application.
(d) The commissioner shall
set the expiration date of temporary removable windshield placards to be valid
for a period of approximately six months after the application was received and
approved by the commissioner.
(e) The commissioner shall
issue to each applicant who is granted a special registration plate or
windshield placard an identification card bearing the applicant’s name,
assigned identification number, and expiration date. The applicant shall
thereafter carry this identification card on his or her person whenever parking
in an accessible parking space. The identification card shall be identical in
design for both registration plates and removable windshield placards.
(f) An accessible parking
space should comply with the provisions of the Americans with Disabilities Act
accessibility guidelines, contained in 28 C.F.R. 36, Appendix A, Section 4.6. In
particular, The parking space should be a minimum of eight feet wide with
an adjacent eight-foot access aisle for vans having side mounted hydraulic
lifts or ramps, or a five-foot access aisle for standard vehicles. Access
aisles should be marked using diagonal two- to four-inch-wide stripes spaced
every 12 or 24 inches apart along with the words “no parking” in painted letters
which are at least 12 inches in height. All accessible parking spaces must have
a signpost in front or adjacent to the accessible parking space displaying the
international symbol of access sign mounted at a minimum of eight feet above
the pavement or sidewalk and the top of the sign. Lines or markings on the
pavement or curbs for parking spaces and access aisles may be in any color,
although blue is the generally accepted color for accessible parking.
(g) A vehicle displaying a
disabled veterans special registration plate issued pursuant to §17A-3-14(c)(6)
of this code shall be recognized and accepted as meeting the requirements of
this section.
(h) A vehicle from any
other state, United States territory, or foreign country displaying an
officially issued special registration plate, placard, or decal bearing the
international symbol of access shall be recognized and accepted as meeting the
requirements of this section, regardless of where the plate, placard, or decal
is mounted or displayed on the vehicle.
(i) Notwithstanding any
provision of this code to the contrary, no public entity may install or
maintain a parking meter in an accessible parking space bearing the
international symbol of access.
(i) (j) Stopping, standing or parking places
marked with the international symbol of access shall be designated in close
proximity to all public entities, including state, county, and municipal
buildings and facilities, places of public accommodation, and commercial
facilities. These parking places shall be reserved solely for persons with a
mobility impairment and disabled veterans at all times.
(j) (k) Any person whose vehicle properly
displays a valid, unexpired special registration plate or removable windshield
placard may park the vehicle for unlimited periods of time in parking zones
unrestricted as to length of parking time permitted: Provided, That this
privilege does not mean that the vehicle may park in any zone where stopping,
standing, or parking is prohibited or which creates parking zones for special
types of vehicles or which prohibits parking during heavy traffic periods
during specified rush hours or where parking would clearly present a traffic
hazard. To the extent any provision of any ordinance of any political
subdivision of this state is contrary to the provisions of this section, the
provisions of this section take precedence and apply.
The parking privileges
provided for in this subsection apply only during those times when the vehicle
is being used for the loading or unloading of a person with a mobility
impairment. Any person who knowingly exercises, or attempts to exercise, these
privileges at a time when the vehicle is not being used for the loading or
unloading of a person with a mobility impairment is guilty of a misdemeanor
and, upon first conviction thereof, in addition to any other penalty he or she
may otherwise incur, shall be fined $200; upon second conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall be fined
$300; and upon third and subsequent convictions thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined $500.
(k) (l) Any person whose vehicle does not display
a valid, special registration plate or removable windshield placard may not
stop, stand, or park a motor vehicle in an area designated, zoned, or marked
for accessible parking with signs or instructions displaying the international
symbol of access, either by itself or with explanatory text. The signs may be
mounted on a post or a wall in front of the accessible parking space and
instructions may appear on the ground or pavement, but use of both methods is
preferred. Accessible parking spaces for vans having an eight-foot adjacent
access aisle should be designated as “van accessible” but may be used by any
vehicle displaying a valid special registration plate or removable windshield
placard.
Any person who violates the
provisions of this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined $200; upon second conviction thereof, in addition to
any other penalty he or she may otherwise incur, shall be fined $300; and upon
third and subsequent convictions thereof, in addition to any other penalty he
or she may otherwise incur, shall be fined $500.
(l) (m) All signs that designate areas as
“accessible parking” or that display the international symbol of access shall
also include the words “Up to $500 fine”.
(m) (n) No person may stop, stand, or park a motor
vehicle in an area designated or marked off as an access aisle adjacent to a
van-accessible parking space or regular accessible parking space. Any person,
including a driver of a vehicle displaying a valid removable windshield placard
or special registration plate, who violates the provisions of this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be fined $200;
upon second conviction thereof, in addition to any other penalty he or she may
otherwise incur, shall be fined $300; and upon third and subsequent convictions
thereof, in addition to any other penalty he or she may otherwise incur, shall
be fined $500.
(n) (o) Parking enforcement personnel who
otherwise enforce parking violations may issue citations for violations of this
section and shall reference the number on the vehicle’s license plate, since
the driver normally will not be present.
(o) (p) Law-enforcement agencies may establish a
program to use trained volunteers to collect information necessary to issue
citations to persons who illegally park in designated accessible parking
spaces. Any law-enforcement agency choosing to establish a program shall
provide for workers’ compensation and liability coverage. The volunteers shall
photograph the illegally parked vehicle and complete a form, to be developed by
supervising law-enforcement agencies, that includes the vehicle’s license plate
number, date, time, and location of the illegally parked vehicle. The photographs
must show the vehicle in the accessible space and a readable view of the
license plate. Within the discretion of the supervising law-enforcement agency,
the volunteers may issue citations or the volunteers may submit the photographs
of the illegally parked vehicle and the form to the supervising law-enforcement
agency, who may issue a citation, which includes the photographs and the form,
to the owner of the illegally parked vehicle. Volunteers shall be trained on
the requirements for citations for vehicles parked in marked, zoned, or
designated accessible parking areas by the supervising law-enforcement agency.
(p) (q) Local authorities who adopt the basic
enforcement provisions of this section and issue their own local ordinances
shall retain all fines and associated late fees. These revenues shall be used
first to fund the provisions of subsection (o) of this section, if adopted by
local authorities, or otherwise shall go into the local authorities’ General
Revenue Fund. Otherwise, any moneys collected as fines shall be collected for
and remitted to the state.
(q) (r) The commissioner shall prepare and issue a
document to applicants describing the privileges accorded a vehicle having a
special registration plate and removable windshield placard as well as the
penalties when the vehicle is being inappropriately used as described in this
section and shall include the document along with the issued special
registration plate or windshield placard. In addition, the commissioner shall
issue a separate document informing the general public regarding the new
provisions and increased fines being imposed either by way of newspaper
announcements or other appropriate means across the state.
(r) (s) The commissioner shall propose rules for
legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code.
NOTE: The purpose of this bill is
to prohibit public entities, including state, county and municipal buildings
and facilities, places of public accommodation and commercial facilities, from
charging a fee for parking in an accessible parking space bearing the
international symbol of access.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
WEST virginia legislature