Bill Text: MN SF430 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Disability parking provisions modifications
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-05-10 - HF substituted on General Orders HF721 [SF430 Detail]
Download: Minnesota-2011-SF430-Engrossed.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 is
2.11guilty of a misdemeanor and must be fined not less than $100 and not more than $200. This
2.12subdivision must be enforced in the same manner as parking ordinances or regulations in
2.13the governmental subdivision in which the violation occurs. Law enforcement officers
2.14may tag motor vehicles parked on either private or public property in violation of
2.15subdivision 1. Parking enforcement employees or agents of statutory or home rule charter
2.16cities or towns may tag or otherwise issue citations for motor vehicles parked on public
2.17property in violation of subdivision 1. If a holder of a disability certificate or disability
2.18plates allows a person who is not otherwise eligible to use the certificate or plates, then
2.19the holder is not eligible to be issued or to use a disability certificate or plates for 12
2.20months after the date of violation. Except when the permit or certificate is expired by, or is
2.21otherwise invalid for, more than 90 days, a physically disabled person, or a person parking
2.22a motor vehicle for a disabled person, who is charged with violating subdivision 1 because
2.23the person parked in a parking space for physically disabled persons without the required
2.24certificate, license plates, or permit must not be convicted if the person (1) produces in
2.25court or before the court appearance the required certificate, permit, or evidence that the
2.26person has been issued plates under section168.021 , (2) surrenders the expired permit or
2.27certificate, and (3) demonstrates entitlement to the certificate, plates, or permit at the time
2.28of arrest or tagging. To be valid, the certificate or permit must show that it is owned by the
2.29same person that owned the expired certificate or permit displayed at the time the tag was
2.30issued. The registered vehicle owner is subject to the provisions of this subdivision.
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 is
2.11guilty of a misdemeanor and must be fined not less than $100 and not more than $200. This
2.12subdivision must be enforced in the same manner as parking ordinances or regulations in
2.13the governmental subdivision in which the violation occurs. Law enforcement officers
2.14may tag motor vehicles parked on either private or public property in violation of
2.15subdivision 1. Parking enforcement employees or agents of statutory or home rule charter
2.16cities or towns may tag or otherwise issue citations for motor vehicles parked on public
2.17property in violation of subdivision 1. If a holder of a disability certificate or disability
2.18plates allows a person who is not otherwise eligible to use the certificate or plates, then
2.19the holder is not eligible to be issued or to use a disability certificate or plates for 12
2.20months after the date of violation. Except when the permit or certificate is expired by, or is
2.21otherwise invalid for, more than 90 days, a physically disabled person, or a person parking
2.22a motor vehicle for a disabled person, who is charged with violating subdivision 1 because
2.23the person parked in a parking space for physically disabled persons without the required
2.24certificate, license plates, or permit must not be convicted if the person (1) produces in
2.25court or before the court appearance the required certificate, permit, or evidence that the
2.26person has been issued plates under section
2.27certificate, and (3) demonstrates entitlement to the certificate, plates, or permit at the time
2.28of arrest or tagging. To be valid, the certificate or permit must show that it is owned by the
2.29same person that owned the expired certificate or permit displayed at the time the tag was
2.30issued. The registered vehicle owner is subject to the provisions of this subdivision.
