Assembly Bill No. 59–Assemblyman Perkins

Prefiled January 26, 1999

____________

Referred to Committee on Transportation

 

SUMMARY—Clarifies that person with disability may obtain special license plate and parking sticker to park motorcycle in space designated for handicapped. (BDR 43-132)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to motor vehicles; clarifying that a person with a disability may obtain a special license plate and parking sticker to park a motorcycle in a space designated for the handicapped; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 482.384 is hereby amended to read as follows:

1-2 482.384 1. Upon the application of a person with a disability which

1-3 limits or impairs the ability to walk, the department may issue special

1-4 license plates for a vehicle , including a motorcycle, registered by the

1-5 applicant pursuant to this chapter. Except as otherwise provided in

1-6 subsection 2, the application must include a statement from a licensed

1-7 physician certifying that the applicant is a person with a disability which

1-8 limits or impairs the ability to walk. The issuance of a special license plate

1-9 pursuant to this subsection does not preclude the issuance of a special

1-10 parking placard for a vehicle other than a motorcycle or a special parking

1-11 sticker for a motorcycle pursuant to subsection 6.

1-12 2. Every second year after the initial issuance of special license plates

1-13 to a person who the department determines is not permanently disabled, the

1-14 department shall require the person, when he applies to renew his special

1-15 license plates, to include with his application a statement from a licensed

1-16 physician certifying that the applicant is a person with a disability which

1-17 limits or impairs the ability to walk. The department shall not require a

2-1 person who it determines is permanently disabled to include such a

2-2 statement with his application for renewal.

2-3 3. Upon the application of an organization which provides

2-4 transportation for a person with a disability which limits or impairs the

2-5 ability to walk, the department may issue special license plates for a vehicle

2-6 registered by the organization pursuant to this chapter. The application

2-7 must include a statement from the organization certifying that the vehicle is

2-8 used primarily to transport persons with disabilities which limit or impair

2-9 the ability to walk.

2-10 4. The department may charge a fee for special license plates issued

2-11 pursuant to this section not to exceed the fee charged for the issuance of

2-12 license plates for the same class of vehicle.

2-13 5. Special license plates issued pursuant to this section must display the

2-14 international symbol of access in a color which contrasts with the

2-15 background and is the same size as the numerals and letters on the plate.

2-16 6. Upon the application of a person with a disability which limits or

2-17 impairs the ability to walk, the department may issue [a] :

2-18 (a) A special parking placard [.] for a vehicle other than a motorcycle.

2-19 Upon request, the department may issue one additional placard to an

2-20 applicant to whom special license plates have not been issued pursuant to

2-21 this section.

2-22 (b) A special parking sticker for a motorcycle.

2-23 The application must include a statement from a licensed physician

2-24 certifying that the applicant is a person with a disability which limits or

2-25 impairs the ability to walk.

2-26 7. A special parking placard issued pursuant to subsection 6 must:

2-27 (a) Have inscribed on it the international symbol of access which is at

2-28 least 3 inches in height, is centered on the placard and is white on a blue

2-29 background;

2-30 (b) Have an identification number and date of expiration;

2-31 (c) Have placed or inscribed on it the seal or other identification of the

2-32 department; and

2-33 (d) Have a form of attachment which enables a person using the placard

2-34 to display the placard from the rearview mirror of the vehicle.

2-35 8. A special parking sticker issued pursuant to subsection 6 must:

2-36 (a) Have inscribed on it the international symbol of access which is at

2-37 least 3 inches in height, is centered on the sticker and is white on a blue

2-38 background;

2-39 (b) Have an identification number and a date of expiration; and

2-40 (c) Have placed or inscribed on it the seal or other identification of the

2-41 department.

2-42 9. The department, or a city or county, may issue, and charge a

2-43 reasonable fee for, a temporary parking placard for a vehicle other than a

3-1 motorcycle or a temporary parking sticker for a motorcycle upon the

3-2 application of a person with a temporary disability which limits or impairs

3-3 the ability to walk. Upon request, the department, city or county may issue

3-4 one additional temporary parking placard to an applicant. The application

3-5 must include a certificate from a licensed physician indicating:

3-6 (a) That the applicant has a temporary disability which limits or impairs

3-7 the ability to walk; and

3-8 (b) The estimated period of the disability.

3-9 [9.] 10. A temporary parking placard issued pursuant to subsection [8]

3-10 9 must:

3-11 (a) Have inscribed on it the international symbol of access which is at

3-12 least 3 inches in height, is centered on the placard and is white on a red

3-13 background; and

3-14 (b) Have a form of attachment which enables a person using the placard

3-15 to display the placard from the rearview mirror of the vehicle.

3-16 [10.] 11. A temporary parking sticker issued pursuant to subsection 9

3-17 must have inscribed on it the international symbol of access which is at

3-18 least 3 inches in height, is centered on the sticker and is white on a red

3-19 background.

3-20 12. A temporary parking placard or temporary parking sticker is valid

3-21 only for the period for which a physician has certified the disability, but in

3-22 no case longer than 6 months.

3-23 [11.] 13. A special or temporary parking placard must be displayed in

3-24 the vehicle when the vehicle is parked by hanging or attaching the placard

3-25 to the rearview mirror of the vehicle. If the vehicle has no rearview mirror,

3-26 the placard must be placed on the dashboard of the vehicle in such a

3-27 manner that the placard can easily be seen from outside the vehicle when

3-28 the vehicle is parked.

3-29 [12.] 14. A special or temporary parking sticker must be affixed to the

3-30 windscreen of the motorcycle. If the motorcycle has no windscreen, the

3-31 sticker must be affixed to any other part of the motorcycle which may be

3-32 easily seen when the motorcycle is parked.

3-33 15. Special or temporary parking placards , special or temporary

3-34 parking stickers, or special license plates issued pursuant to this section do

3-35 not authorize parking in any area on a highway where parking is prohibited

3-36 by law.

3-37 [13.] 16. No person, other than the person certified as being a person

3-38 with a disability which limits or impairs the ability to walk, or a person

3-39 actually transporting such a person, may use the special license plates or a

3-40 special or temporary parking placard , or a special or temporary parking

3-41 sticker issued pursuant to this section to obtain any special parking

3-42 privileges available pursuant to this section.

4-1 [14.] 17. Any person who violates the provisions of subsection [13] 16

4-2 is guilty of a misdemeanor.

4-3 [15.] 18. The department may review the eligibility of each holder of a

4-4 special parking placard , a special parking sticker or special license plates,

4-5 or [both a special parking placard and special license plates.] any

4-6 combination thereof. Upon a determination of ineligibility by the

4-7 department, the holder shall surrender the special parking placard , special

4-8 parking sticker or special license plates, or [both,] any combination

4-9 thereof, to the department.

4-10 [16.] 19. The department may adopt such regulations as are necessary

4-11 to carry out the provisions of this section.

4-12 Sec. 2. NRS 484.407 is hereby amended to read as follows:

4-13 484.407 1. Except as otherwise provided in subsection 2, an owner or

4-14 operator of a motor vehicle displaying a special parking placard, a special

4-15 parking sticker, a temporary parking placard , a temporary parking sticker

4-16 or special plates issued pursuant to NRS 482.384, or special plates for a

4-17 disabled veteran issued pursuant to NRS 482.377, may park the motor

4-18 vehicle for not more than 4 hours at any one time in a parking zone

4-19 restricted as to the length of time parking is permitted, without penalty,

4-20 removal or impoundment of the vehicle , if the parking is otherwise

4-21 consistent with public safety and is done by a person with a disability which

4-22 limits or impairs the ability to walk, a disabled veteran or a person

4-23 transporting such a person.

4-24 2. This section does not authorize the parking of a motor vehicle in any

4-25 privately or municipally owned facility for parking off the highway without

4-26 paying the required fee for the time during which the vehicle is so parked.

4-27 Sec. 3. NRS 484.408 is hereby amended to read as follows:

4-28 484.408 1. Any parking space designated for the handicapped must

4-29 be indicated by a sign:

4-30 (a) Bearing the international symbol of access with or without the words

4-31 "Parking," "Handicapped Parking," "Handicapped Parking Only," or

4-32 "Reserved for the Handicapped," or any other word or combination of

4-33 words indicating that the space is designated for the handicapped;

4-34 (b) Stating "Minimum fine of $100 for use by others" or equivalent

4-35 words; and

4-36 (c) The bottom of which must be not less than 4 feet above the ground.

4-37 2. A person shall not park a vehicle in a space designated for the

4-38 handicapped by a sign that meets the requirements of subsection 1, whether

4-39 on public or privately owned property, unless he is eligible to do so and the

4-40 vehicle displays:

4-41 (a) Special license plates issued pursuant to NRS 482.384;

4-42 (b) A special or temporary parking placard issued pursuant to NRS

4-43 482.384;

5-1 (c) A special or temporary parking sticker issued pursuant to NRS

5-2 482.384;

5-3 (d) Special license plates , a special or temporary parking sticker, or a

5-4 special or temporary parking placard displaying the international symbol of

5-5 access issued by another state or a foreign country; or

5-6 [(d)] (e) Special license plates for a disabled veteran and a special

5-7 parking placard issued pursuant to NRS 482.384.

5-8 3. A person shall not use such a plate , sticker or placard for a vehicle

5-9 to park in a space designated for the handicapped unless he is a person with

5-10 a disability which limits or impairs the ability to walk, a disabled veteran or

5-11 the driver of a vehicle in which such a person is a passenger.

5-12 4. Any person who violates any provision of this section shall be

5-13 punished:

5-14 (a) Upon the first offense by a fine of $100.

5-15 (b) Upon the second offense by a fine of $250.

5-16 (c) Upon the third or subsequent offense by a fine of not less than $500

5-17 nor more than $1,000.

~