§ 31-28-7 - Motor vehicle plates for persons with disabilities – Entitlement – Designated parking spaces – Violations.
SECTION 31-28-7
§ 31-28-7 Motor vehicle plates for personswith disabilities – Entitlement – Designated parking spaces –Violations. – (a) Persons, as defined in subsection (h) of this section, upon application andproof of permanent or long-term disability to the division of motor vehicles,shall be issued one motor vehicle disability parking privilege placard or inthe case of a motorcycle, one motor vehicle sticker, of blue which shall beimprinted with the white international symbol of access, certificate number,the words "Rhode Island Disability Parking Permit" and shall bear theexpiration date upon its face. A placard or motorcycle sticker issued to aperson whose disability is temporary shall be substantially similar to thatissued to a person with a permanent or long term disability. The temporaryplacard, however, shall be a red placard with a white international symbol ofaccess, certificate number, the words "Rhode Island Disability Parking Permit"and shall bear the expiration dates upon its face. Persons issued a placard ormotorcycle sticker pursuant to this section shall be entitled to the immunitiesof §§ 31-28-4 and 31-28-6. The placard shall conform to the UniformParking System for Disabled Drivers standard issued by the United StatesDepartment of Transportation. If an application for a placard or motorcyclesticker is denied, the division of motor vehicles shall promptly notify theapplicant in writing, stating the specific reason(s) for the denial, andadvising the applicant of the procedures for requesting a hearing to appeal thedenial. Prior to the appeal hearing, the applicant shall be provided with anyand all documents relied upon by the division in denying the application. If anapplication contains a physician certification that the applicant issufficiently disabled to require a placard or motorcycle sticker, and thedivision has not provided specific reasons in its denial letter to theapplicant, the hearing officer shall summarily order that a placard ormotorcycle sticker be provided to the applicant. At all other hearings ofapplication denials where a physician certification has been provided, thedivision shall bear the burden of proof that the individual is not entitled toa placard or motorcycle sticker pursuant to this chapter.
(b) A placard issued pursuant to this section shall beportable and used only when the person is being transported. The placard is tobe hung from the rear view mirror so as to be seen through the front or rearwindshield of the motor vehicle. A placard may be issued to a person with adisability who does not own a motor vehicle, to be used only when he or she isbeing transported. A motorcycle sticker issued pursuant to this section shallnot be portable and shall be affixed to the rear plate of the motorcycle.
(c) The certificate of entitlement to the placard ormotorcycle sticker shall be renewed every three (3) years for individuals witha long-term disability, as defined in subsection (d) of this section, and therenewal application shall require a physician's certification that thecondition has not changed since the previous approval, and three (3) years forindividuals with a permanent disability as defined in subsection (h) of thissection, in accordance with a schedule prepared by the division of motorvehicles that uses the last name of an individual to determine the month ofrenewal. If an application or subsequent renewal is accompanied by aphysician's certification that the applicant's condition is a chronic,permanent impairment and that application is approved, then any subsequentrenewal shall be authorized upon receipt of a notarized affidavit from theapplicant or applicant's, guardian or legal representative or a certificatefrom the applicant's physician that his or her condition has not changed sincethe previous approval.
(2) The certificate of entitlement to the placard ormotorcycle sticker shall be covered with plastic or similar material. Theapplicant shall, upon timely renewal, receive a sticker bearing the expirationdate of the certificate of entitlement to be affixed across the expiration dateof the disability parking privilege placard or in the case of a motorcycle theapplicant shall receive a new motorcycle sticker. The division of motorvehicles shall establish rules and regulations allowing for the renewal of thecertificates of entitlement by mail.
(3) Whenever the division of motor vehicles proposes tosuspend, revoke or fail to renew the certificate of entitlement fornoncompliance with the requirements of this section or for violation ofsubsection (h) of this section, the individual shall first be entitled to ahearing before the division of motor vehicles to contest the proposed action.At the hearing, the division of motor vehicles shall bear the burden of proofthat the individual is not entitled to the placard or motorcycle stickerpursuant to this chapter. There shall be no renewal fee charged for theplacards or motorcycle sticker. The division of motor vehicles shall beauthorized to issue a temporary disability parking privilege placard ormotorcycle sticker immediately upon receipt of an application for individualswith a temporary impairment, as defined in subsection (h) of this section. Atemporary placard or motorcycle sticker shall be valid for sixty (60) days fromthe date of issuance. Temporary placards or motorcycle stickers may be renewedfor a period of one year or less, as determined by the medical advisory boardupon application if the disability persists. The division of motor vehiclesshall subsequently review the applications in accordance with the procedurescurrently in effect as to applications from persons whose disability is longterm. Any issuance which, after subsequent review, shall be found to beinappropriate shall be revoked and notice of the revocation shall be sent tothe applicant.
(d) A person, other than a person with a disability, who forhis or her own purposes uses the parking privilege placard, shall be fined fivehundred dollars ($500) for each violation. A person issued a special placardwho uses the placard after expiration, or who shall allow unauthorized use ofthe disability parking placard or sticker, may be subject to immediaterevocation of the use of the placard by the division of motor vehicles, andsubject to a fine of five hundred dollars ($500).
(e) Disability parking spaces shall be designated andidentified by the posting of signs above ground level incorporating theinternational symbol of access of white on blue, and the words "HandicappedParking", "Disability Parking," "Disabled Parking," or "Reserved Parking" ateach space, at both ends of a row or series of adjacent disability parkingspaces, or at the entrance to a parking lot restricted to only disabilityparking.
(f) A person, other than a person issued a special placard ormotorcycle sticker pursuant to this section, who parks a vehicle in a parkingspace designated for persons with disabilities, shall be fined: (1) one hundreddollars ($100) for a first violation, (2) one hundred seventy-five dollars($175) for a second violation, and (3) three hundred twenty-five dollars ($325)for a third or subsequent violation. The vehicle may be subject to towing atthe owner's expense. Provided further, that it shall not be unlawful for aperson to park a vehicle in a space designated for person with disabilities ifthat person is transporting a person who has been issued a special placard andis properly displaying the placard on the vehicle.
(g) Enforcement of the parking provisions of this sectionshall be enforced by the local or state authorities on public or privateproperty when the location of the parking spaces is within the purview of theState Building Code, chapter 27.3 of title 23.
(h) Definitions. For the purpose of this section:
(1) "Disabled" or "disability" means a permanent or long-termimpairment which prevents or impedes walking, which shall include but not belimited to: (i) an impairment which prevents walking and requires use of awheelchair; (ii) an impairment which involuntarily causes difficulty orinsecurity in walking or climbing stairs with or without the need to usebraces, crutches, canes or artificial support; (iii) an impairment caused byamputation, arthritis, blindness (including legally blind), or orthopediccondition; (iv) an impairment in respiratory, circulatory, or neurologicalhealth which limits the person's walking capability; or (v) disabled veteran,pursuant to § 31-6-8 after certification of eligibility from the Veterans'Administration or other satisfactory documentation of eligibility is presented.Persons with disabilities may be capable of working or may be presently working.
(2) "Long-term disability" means an impairment which ispotentially reversible or may improve with appropriate medical treatment. Atthe time of application and or renewal, the impairment should not be expectedto improve prior to the expiration of the certification, to a point where theindividual does not meet the provisions of subdivision (1) of this subsection.
(3) "Permanent disability" means an impairment which isnon-reversible.
(4) "Temporary impairment" means an impairment which isexpected to improve to a point where the individual does not meet theprovisions of subdivision (1) of this subsection, within two (2) years of theapplication.
(i) The department of revenue shall inform each licenseddriver of the certificate procedures and parking restrictions of this sectionand §§ 31-28-4 and 31-28-6, and a facsimile of the portable placardsand motorcycle stickers issued under this section shall be sent to theenforcing authority of each state, and each enforcing authority shall beinformed of the parking restrictions of this section and §§ 31-28-4and 31-28-6. Recipients of disability parking privilege placards shall alsoreceive instructions on their use and the penalties for misuse, when theplacard is initially issued.
(j) Any person who makes, manufactures, offers for sale orknowingly uses a counterfeit parking privilege placard shall be fined up tofive hundred dollars ($500) and/or forty (40) hours of community restitution.