PART III.  PARKING FOR DISABLED PERSONS

     §291-51  Definitions.  As used in this part, the following terms have the following meanings:

     "Access aisle" means the area that is adjacent to a parking space reserved for a person with a disability and that is to be used exclusively by that person for the purpose of entering and exiting a vehicle.

     "Certificate of disability" means a medical statement issued by a licensed practicing physician, physician assistant, or advanced practice registered nurse that verifies that a person is disabled, limited, or impaired in the ability to walk.

     "Disability and communication access board" means the disability and communication access board established by chapter 348F.

     "Disability parking permit" means a removable windshield placard, special license plate, temporary removable windshield placard, or disabled paid parking exemption permit.

     "Disabled paid parking exemption permit" means a permit to be displayed on a dashboard or contained elsewhere on the vehicle, a code, or a two-sided, hanger style placard that indicates that the individual to whom the permit, code, or placard is issued pursuant to this part is licensed to drive a motor vehicle and not able to reach or operate a parking meter or unattended pay station because of a physical disability.

     "International symbol of access" means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.

     "Invalid disability parking permit" means an expired or voided removable windshield placard, temporary removable windshield placard, special license plates, or disabled paid parking exemption permit.

     "Issuing agency" means the disability and communication access board.

     "Parking space reserved for persons with disabilities" means a public or private parking space, including the access aisle, designated for the use of a person with a disability that is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as

amended, and related rules and guidelines, and is marked with a sign designating the parking space as reserved for persons with disabilities.

     "Person with a disability" means a person with a disability that limits or impairs the ability to walk, and who, as determined by a licensed practicing physician, physician assistant, or an advanced practice registered nurse:

     (1)  Cannot walk two hundred feet without stopping to rest, and who has been diagnosed with:

          (A)  An arthritic, neurological, orthopedic, renal, vascular, or oncological condition;

          (B)  Lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or

          (C)  A cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; and

     (2)  Because of a condition identified in paragraph (1):

          (A)  Cannot walk two hundred feet under the person's own power without stopping to rest;

          (B)  Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or

          (C)  Uses portable oxygen.

     "Private entity" means a private owner or lessee of a parking facility or site where invitation to the general public is expressed or implied.

     "Private parking" means a privately owned parking facility or site where invitation to the general public is expressed or implied.

     "Public entity" means the State or any of its counties.

     "Public parking" means a parking facility or site under state or county jurisdiction.

     "Removable windshield placard" means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least six years.

     "Sign designating the parking space as reserved for persons with disabilities" means a sign which contains:

     (1)  The words, "Reserved Parking";

     (2)  The international symbol of access;

     (3)  Words indicating that the space is reserved for parking by persons with disabilities who have valid placards or special license plates; and

     (4)  The maximum fine for parking illegally in the space.

     "Special license plate" means a license plate that displays the international symbol of access:

     (1)  In a color that contrasts to the background; and

     (2)  In the same size as the letters or numbers on the plate.

     "Temporary removable windshield placard" means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months. [L 1984, c 46, pt of §2; am L 1986, c 213, §1; am L 1992, c 46, §3; am L 1997, c 308, §5; am L 1999, c 282, §5; am L 2001, c 297, §2; am L 2002, c 16, §15; am L 2003, c 30, §2; am L 2010, c 141, §1; am L 2014, c 45, §5; am L 2019, c 87, §3; am L 2022, c 293, §2]

Revision Note

  In paragraph (2)(A) of the definition of "person with a disability", "or" deleted pursuant to §23G-15.