Bill Text: MN HF721 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Disability parking provisions modified.
Sponsorship: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-05-21 - Secretary of State Chapter 30 05/20/11 [HF721 Detail]
Download: Minnesota-2011-HF721-Introduced.html
Bill Title: Disability parking provisions modified.
Sponsorship: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-05-21 - Secretary of State Chapter 30 05/20/11 [HF721 Detail]
Download: Minnesota-2011-HF721-Introduced.html
1.2relating to traffic regulations; modifying provisions relating to disability parking;
1.3amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346,
1.4subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:
1.7 Subdivision 1. Scope of privilege. (a) A motor vehicle that prominently displays
1.8the certificate authorized by this section or that bears disability plates issued under section
1.9168.021
may be parked by or solely for the benefit of a physically disabled person:
1.10(1) in a designated parking space for disabled persons, as provided in section
1.11169.346
;
1.12(2) in a metered parking space without obligation to pay the meter fee and without
1.13time restrictions unless time restrictions are separately posted on official signs; and
1.14(3) without time restrictions in a nonmetered space where parking is otherwise
1.15allowed for passenger vehicles but restricted to a maximum period of time and that does
1.16not specifically prohibit the exercise of disabled parking privileges in that space.
1.17A person may park a motor vehicle for a physically disabled person in a parking space
1.18described in clause (1) or (2) only when actually transporting the physically disabled
1.19person for the sole benefit of that person and when the parking space is within a reasonable
1.20distance from the drop-off point.
1.21(b) For purposes of this subdivision, a certificate is prominently displayed if it is
1.22displayed so that it may be viewed from the front and rear of the motor vehicle by hanging
1.23it from the rearview mirror attached to the front windshield of the motor vehicle. If there is
1.24no rearview mirror or if the certificate holder's disability precludes placing the certificate
2.1on the mirror, the certificate must be displayed on the dashboardon the driver's side of
2.2the vehicle. No part of the certificate may be obscured.
2.3(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
2.4permit parking in areas prohibited by sections169.32 and
169.34 , in designated no
2.5parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
2.6governmental unit may, by ordinance, prohibit parking on any street or highway to create
2.7a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
2.8these ordinances also apply to physically disabled persons.
2.9 Sec. 2. Minnesota Statutes 2010, section 169.346, subdivision 3, is amended to read:
2.10 Subd. 3. Misdemeanor; enforcement. A person who violates subdivision 1
2.11is guilty of a misdemeanor and must be fined not less than $100 and not more than
2.12$200. This subdivision must be enforced in the same manner as parking ordinances
2.13or regulations in the governmental subdivision in which the violation occurs. Law
2.14enforcement officers may tag motor vehicles parked on either private or public property in
2.15violation of subdivision 1. Parking enforcement employees or agents of statutory or home
2.16rule charter cities or towns may tag or otherwise issue citations for motor vehicles parked
2.17on public property in violation of subdivision 1. If a holder of a disability certificate or
2.18disability plates allows a person who is not otherwise eligible to use the certificate or
2.19plates, then the holder is not eligible to be issued or to use a disability certificate or plates
2.20for 12 months after the date of violation. Except when the permit or certificate is expired
2.21by more than 90 days, a physically disabled person, or a person parking a motor vehicle
2.22for a disabled person, who is charged with violating subdivision 1 because the person
2.23parked in a parking space for physically disabled persons without the required certificate,
2.24license plates, or permit must not be convicted if the person produces in court or before
2.25the court appearance the required certificate, permit, or evidence that the person has been
2.26issued plates under section168.021 , and demonstrates entitlement to the certificate, plates,
2.27or permit at the time of arrest or tagging. To be valid, the certificate or permit must show
2.28that it is owned by the same person that owned the expired certificate or permit displayed
2.29at the time the tag was issued.
1.3amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346,
1.4subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:
1.7 Subdivision 1. Scope of privilege. (a) A motor vehicle that prominently displays
1.8the certificate authorized by this section or that bears disability plates issued under section
1.10(1) in a designated parking space for disabled persons, as provided in section
1.12(2) in a metered parking space without obligation to pay the meter fee and without
1.13time restrictions unless time restrictions are separately posted on official signs; and
1.14(3) without time restrictions in a nonmetered space where parking is otherwise
1.15allowed for passenger vehicles but restricted to a maximum period of time and that does
1.16not specifically prohibit the exercise of disabled parking privileges in that space.
1.17A person may park a motor vehicle for a physically disabled person in a parking space
1.18described in clause (1) or (2) only when actually transporting the physically disabled
1.19person for the sole benefit of that person and when the parking space is within a reasonable
1.20distance from the drop-off point.
1.21(b) For purposes of this subdivision, a certificate is prominently displayed if it is
1.22displayed so that it may be viewed from the front and rear of the motor vehicle by hanging
1.23it from the rearview mirror attached to the front windshield of the motor vehicle. If there is
1.24no rearview mirror or if the certificate holder's disability precludes placing the certificate
2.1on the mirror, the certificate must be displayed on the dashboard
2.2the vehicle. No part of the certificate may be obscured.
2.3(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
2.4permit parking in areas prohibited by sections
2.5parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
2.6governmental unit may, by ordinance, prohibit parking on any street or highway to create
2.7a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
2.8these ordinances also apply to physically disabled persons.
2.9 Sec. 2. Minnesota Statutes 2010, section 169.346, subdivision 3, is amended to read:
2.10 Subd. 3. Misdemeanor; enforcement. A person who violates subdivision 1
2.11is guilty of a misdemeanor and must be fined not less than $100 and not more than
2.12$200. This subdivision must be enforced in the same manner as parking ordinances
2.13or regulations in the governmental subdivision in which the violation occurs. Law
2.14enforcement officers may tag motor vehicles parked on either private or public property in
2.15violation of subdivision 1. Parking enforcement employees or agents of statutory or home
2.16rule charter cities or towns may tag or otherwise issue citations for motor vehicles parked
2.17on public property in violation of subdivision 1. If a holder of a disability certificate or
2.18disability plates allows a person who is not otherwise eligible to use the certificate or
2.19plates, then the holder is not eligible to be issued or to use a disability certificate or plates
2.20for 12 months after the date of violation. Except when the permit or certificate is expired
2.21by more than 90 days, a physically disabled person, or a person parking a motor vehicle
2.22for a disabled person, who is charged with violating subdivision 1 because the person
2.23parked in a parking space for physically disabled persons without the required certificate,
2.24license plates, or permit must not be convicted if the person produces in court or before
2.25the court appearance the required certificate, permit, or evidence that the person has been
2.26issued plates under section
2.27or permit at the time of arrest or tagging. To be valid, the certificate or permit must show
2.28that it is owned by the same person that owned the expired certificate or permit displayed
2.29at the time the tag was issued.
