HB2509 CD1

Report Title:

Parking; Disabilities: Access Aisles; Prohibition

 

Description:

Prohibits and establishes a penalty for parking in an access aisle adjacent to a reserved parking stall for persons with disabilities. Postpones effective date for implementation of requirements for parking spaces for persons with disabilities. Amends monetary amount of fines imposed for violations.(HB2509 CD1(A))

HOUSE OF REPRESENTATIVES	H.B. NO.	2509
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
STATE OF HAWAII		S.D. 1
		C.D. 1

A BILL FOR AN ACT

 

RELATING TO PARKING FOR PERSONS WITH DISABILITIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that current law provides a penalty for parking in a stall reserved for a person with a disability by a person not in possession of a valid parking permit. However, the law does not provide any penalty for parking in an access aisle adjacent to the parking stall. The access aisle is needed by a person with a disability to exit from the person's vehicle, especially when using a mobility device such as a wheelchair, walker, crutches, or cane. The legislature finds that when the access aisle is occupied, the parking stall cannot be used by a qualified person with a disability. No vehicle should park in the access aisle.

The purpose of this Act is to clarify provisions of the parking for persons with disabilities law and to create a penalty for parking in the access aisle by any person, with or without a parking permit.

SECTION 2. Section 291-51.6, Hawaii Revised Statutes, is amended to read as follows:

"§291-51.6 Temporary removable windshield parking placards. Each county may issue one temporary removable windshield placard to each applicant who requests it and presents a certificate of disability that verifies the duration of the applicant's disability in monthly increments, which shall not exceed six months, and upon payment of a fee to the issuing agency. The temporary removable windshield placard fee amount shall be established by the disability and communication access board. The temporary removable windshield placard shall expire at the end of the last month of the applicant's disability.

A second temporary removable windshield placard may be issued to each applicant with a disability who so requests and upon payment of a fee to the issuing agency. The second temporary removable windshield placard fee amount shall be established by the disability and communication access board. The second temporary removable windshield placard shall have the same date of expiration as the first temporary removable windshield placard issued to the applicant.

Upon expiration of a temporary removable windshield placard, a person with a disability may apply for a new temporary removable windshield placard upon return of the expired placard and presentation of a new certificate of disability. No applicant shall have more than two valid temporary removable windshield placards issued under this part at any time. The temporary removable windshield placard shall be designed, fabricated, and sold to the counties at a rate negotiated by the disability and communication access board."

SECTION 3. Section 291-57, Hawaii Revised Statutes, is amended to read as follows:

"§291-57 Parking spaces, access aisles reserved for persons with disabilities; penalties. (a) A person using a parking space reserved for persons with disabilities without properly displaying a removable windshield placard, temporary removable windshield placard, or special license plates, in accordance with this part or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than [$250] $100 nor more than $500.

(b) Any person who uses a parking space reserved for persons with disabilities and refuses or fails to present an identification card issued under this chapter or the rules adopted thereunder to an enforcement officer upon request shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than [$250] $100 nor more than $500.

(c) No person shall park in the access aisle adjacent to the parking space reserved for persons with disabilities. Any person parking in the access aisle adjacent to the parking space reserved for persons with disabilities shall be guilty of a traffic infraction under chapter 291D and shall be fined $100."

SECTION 4. Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-58[]] Requirement to provide parking for persons with disabilities; penalty. Beginning July 1, [2002,] 2003, any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part. A private entity that fails to comply with this section shall be fined not less than [$250] $100 nor more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on June 30, 2002.