Bill Text: MN SF478 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motorcycle license plates for physically disabled persons
Sponsorship: Slight Partisan Bill (Republican 10-5)
Status: (Passed) 2011-05-24 - Governor approval [SF478 Detail]
Download: Minnesota-2011-SF478-Introduced.html
Bill Title: Motorcycle license plates for physically disabled persons
Sponsorship: Slight Partisan Bill (Republican 10-5)
Status: (Passed) 2011-05-24 - Governor approval [SF478 Detail]
Download: Minnesota-2011-SF478-Introduced.html
1.2relating to motor vehicles; providing for disability motorcycle plate; amending
1.3Minnesota Statutes 2010, sections 168.021; 169.345, subdivisions 1, 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 168.021, is amended to read:
1.6168.021 PLATES FOR PHYSICALLY DISABLED PERSONS.
1.7 Subdivision 1. Disability plates; application. (a) When a motor vehicle registered
1.8under section168.017 , a motorcycle, a truck having a manufacturer's nominal rated
1.9capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle
1.10is owned or primarily operated by a permanently physically disabled person or a custodial
1.11parent or guardian of a permanently physically disabled minor, the owner may apply for
1.12and secure from the commissioner (1) immediately, a temporary permit valid for 30 days
1.13if the applicant is eligible for the disability plates issued under this section and (2) two
1.14disability plates with attached emblems, one plate to be attached to the front, and one to
1.15the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a motorcycle,
1.16one disability plate the same size as a regular motorcycle plate.
1.17 (b) The commissioner shall not issue more than one plate to the owner of a
1.18motorcycle and not more than one set of plates to any owner ofa motor another vehicle
1.19described in paragraph (a) at the same time unless the state Council on Disability approves
1.20the issuance of a second plate or set of plates toa motor vehicle an owner.
1.21 (c) When the owner first applies for the disability plate or plates, the owner must
1.22submit a medical statement in a format approved by the commissioner under section
1.23169.345
, or proof of physical disability provided for in that section.
2.1 (d) No medical statement or proof of disability is required when an ownerof a motor
2.2vehicle applies for a plate or plates for one or more motor vehicles listed in paragraph (a)
2.3that are specially modified for and used exclusively by permanently physically disabled
2.4persons.
2.5 (e) The owner of amotor vehicle listed in paragraph (a) may apply for and secure
2.6(i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the
2.7disability plate or plates issued under this section, and (ii) aset of disability plate or plates
2.8fora motor the vehicle if:
2.9 (1) the owner employs a permanently physically disabled person who would qualify
2.10for the disability plate or plates under this section; and
2.11 (2) the owner furnishes the motor vehicle to the physically disabled person for the
2.12exclusive use of that person in the course of employment.
2.13 Subd. 1a. Scope of privilege. If a physically disabled person parks amotor
2.14vehicle described in subdivision 1, displaying the disability plate or plates described in
2.15this section, or a permit valid for 30 days and issued to an eligible person awaiting receipt
2.16of the disability plate or plates described in this section, or any person parks the motor
2.17vehicle for a physically disabled person, that person is entitled to park the motor vehicle
2.18as provided in section169.345 .
2.19 Subd. 2. Plate design; furnished by commissioner. The commissioner shall design
2.20and furnish two disability plates, or one disability plate for a motorcycle that is the same
2.21size as a regular motorcycle plate, with attached emblem or emblems to an eligible owner.
2.22The emblem must bear the internationally accepted wheelchair symbol, as designated in
2.23section326B.106, subdivision 9 , approximately three inches square. The emblem must
2.24be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
2.25for a disability plate or plates shall pay the motor vehicle registration fee authorized
2.26by sections168.013 and
168.09 .
2.27 Subd. 2a. Plate transfer. (a) Whenmotor vehicle ownership of a vehicle described
2.28in subdivision 1, is transferred, the owner of themotor vehicle shall remove the disability
2.29plate or plates. The buyer of the motor vehicle is entitled to receive a regular plate or plates
2.30for themotor vehicle without further cost for the remainder of the registration period.
2.31(b) Notwithstanding section168.12, subdivision 1 , the disability plate or plates
2.32may be transferred to a replacementmotor vehicle on notification to the commissioner.
2.33However, the disability plate or plates may not be transferred unless the replacement
2.34motor vehicle (1) is listed under section
168.012, subdivision 1 , and, in case of a single
2.35plate for a motorcycle, the replacement vehicle is a motorcycle, and (2) is owned or
2.36primarily operated by the permanently physically disabled person.
3.1 Subd. 2b. When not eligible. On becoming ineligible for the disability plate
3.2or plates, the owner of the motor vehicle shall remove the disability plate or plates.
3.3The owner may receive regular plates for themotor vehicle without further cost for the
3.4remainder of the registration period.
3.5 Subd. 3. Penalties for unauthorized use of plates. (a) A person who uses the
3.6disability plate or plates or permit provided under this section on a motor vehicle in
3.7violation of this section is guilty of a misdemeanor, and is subject to a fine of $500. This
3.8subdivision does not preclude a person who is not physically disabled from operating a
3.9motor vehicle bearing the disability plates or permit if:
3.10(1) the person is the owner of themotor vehicle described in subdivision 1 and
3.11permits its operation by a physically disabled person;
3.12(2) the person operates themotor vehicle with the consent of the owner who is
3.13physically disabled; or
3.14(3) the person is the owner of themotor vehicle, is the custodial parent or guardian
3.15of a permanently physically disabled minor, and operates themotor vehicle to transport
3.16the minor.
3.17(b) A driver who is not disabled is not entitled to the parking privileges provided
3.18in this section and in section169.346 unless parking the motor vehicle for a physically
3.19disabled person.
3.20 Subd. 4. Fees; disposition. All fees collected from the sale of a disability plate or
3.21plates under this section must be deposited in the state treasury to the credit of the vehicle
3.22services operating account under section299A.705 , subdivision 1.
3.23 Subd. 5. Definitions. For the purposes of this section, the term "physically disabled
3.24person" has the meaning given it in section169.345, subdivision 2 .
3.25 Subd. 6. Driver's license law not affected. This section must not be construed to
3.26revoke, limit, or amend chapter 171.
3.27 Sec. 2. Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:
3.28 Subdivision 1. Scope of privilege. (a) Amotor vehicle described in section 168.021,
3.29subdivision 1, paragraph (a), that prominently displays the certificate authorized by this
3.30section or that bears the disability plate or plates issued under section168.021 may be
3.31parked by or solely for the benefit of a physically disabled person:
3.32(1) in a designated parking space for disabled persons, as provided in section
3.33169.346
;
3.34(2) in a metered parking space without obligation to pay the meter fee and without
3.35time restrictions unless time restrictions are separately posted on official signs; and
4.1(3) without time restrictions in a nonmetered space where parking is otherwise
4.2allowed for passenger vehicles but restricted to a maximum period of time and that does
4.3not specifically prohibit the exercise of disabled parking privileges in that space.
4.4A person may parka motor the vehicle for a physically disabled person in a parking space
4.5described in clause (1) or (2) only when actually transporting the physically disabled
4.6person for the sole benefit of that person and when the parking space is within a reasonable
4.7distance from the drop-off point.
4.8(b) For purposes of this subdivision, a certificate is prominently displayed if it is
4.9displayed so that it may be viewed from the front and rear of the motor vehicle by hanging
4.10it from the rearview mirror attached to the front windshield of the motor vehicle or, in
4.11the case of a motorcycle, is secured to the vehicle. If there is no rearview mirror or if the
4.12certificate holder's disability precludes placing the certificate on the mirror, the certificate
4.13must be displayed on the dashboard on the driver's side of the vehicle. No part of the
4.14certificate may be obscured.
4.15(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
4.16permit parking in areas prohibited by sections169.32 and
169.34 , in designated no
4.17parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
4.18governmental unit may, by ordinance, prohibit parking on any street or highway to create
4.19a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
4.20these ordinances also apply to physically disabled persons.
4.21 Sec. 3. Minnesota Statutes 2010, section 169.345, subdivision 3, is amended to read:
4.22 Subd. 3. Identifying certificate. (a) The commissioner shall issue (1) immediately,
4.23a permit valid for 30 days if the person is eligible for the certificate issued under this
4.24section and (2) an identifying certificate for amotor vehicle described in section 168.021,
4.25subdivision 1, paragraph (a), when a physically disabled applicant submits proof of
4.26physical disability under subdivision 2a. The commissioner shall design separate
4.27certificates for persons with permanent and temporary disabilities that can be readily
4.28distinguished from each other from outside amotor vehicle at a distance of 25 feet or, in
4.29the case of a motorcycle, can be readily secured to the motorcycle. An applicant may be
4.30issued up to two certificates if the applicant has not been issued disability plates under
4.31section168.021 .
4.32(b) The operator of amotor vehicle displaying a certificate has the parking
4.33privileges provided in subdivision 1 only while themotor vehicle is actually parked while
4.34transporting a physically disabled person.
5.1(c) The commissioner shall cancel all certificates issued to an applicant who fails to
5.2comply with the requirements of this subdivision.
1.3Minnesota Statutes 2010, sections 168.021; 169.345, subdivisions 1, 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 168.021, is amended to read:
1.6168.021 PLATES FOR PHYSICALLY DISABLED PERSONS.
1.7 Subdivision 1. Disability plates; application. (a) When a motor vehicle registered
1.8under section
1.9capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle
1.10is owned or primarily operated by a permanently physically disabled person or a custodial
1.11parent or guardian of a permanently physically disabled minor, the owner may apply for
1.12and secure from the commissioner (1) immediately, a temporary permit valid for 30 days
1.13if the applicant is eligible for the disability plates issued under this section and (2) two
1.14disability plates with attached emblems, one plate to be attached to the front, and one to
1.15the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a motorcycle,
1.16one disability plate the same size as a regular motorcycle plate.
1.17 (b) The commissioner shall not issue more than one plate to the owner of a
1.18motorcycle and not more than one set of plates to any owner of
1.19described in paragraph (a) at the same time unless the state Council on Disability approves
1.20the issuance of a second plate or set of plates to
1.21 (c) When the owner first applies for the disability plate or plates, the owner must
1.22submit a medical statement in a format approved by the commissioner under section
2.1 (d) No medical statement or proof of disability is required when an owner
2.2
2.3that are specially modified for and used exclusively by permanently physically disabled
2.4persons.
2.5 (e) The owner of a
2.6(i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the
2.7disability plate or plates issued under this section, and (ii) a
2.8for
2.9 (1) the owner employs a permanently physically disabled person who would qualify
2.10for the disability plate or plates under this section; and
2.11 (2) the owner furnishes the motor vehicle to the physically disabled person for the
2.12exclusive use of that person in the course of employment.
2.13 Subd. 1a. Scope of privilege. If a physically disabled person parks a
2.14vehicle described in subdivision 1, displaying the disability plate or plates described in
2.15this section, or a permit valid for 30 days and issued to an eligible person awaiting receipt
2.16of the disability plate or plates described in this section, or any person parks the motor
2.17vehicle for a physically disabled person, that person is entitled to park the motor vehicle
2.18as provided in section
2.19 Subd. 2. Plate design; furnished by commissioner. The commissioner shall design
2.20and furnish two disability plates, or one disability plate for a motorcycle that is the same
2.21size as a regular motorcycle plate, with attached emblem or emblems to an eligible owner.
2.22The emblem must bear the internationally accepted wheelchair symbol, as designated in
2.23section
2.24be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
2.25for a disability plate or plates shall pay the motor vehicle registration fee authorized
2.26by sections
2.27 Subd. 2a. Plate transfer. (a) When
2.28in subdivision 1, is transferred, the owner of the
2.29plate or plates. The buyer of the motor vehicle is entitled to receive a regular plate or plates
2.30for the
2.31(b) Notwithstanding section
2.32may be transferred to a replacement
2.33However, the disability plate or plates may not be transferred unless the replacement
2.34
2.35plate for a motorcycle, the replacement vehicle is a motorcycle, and (2) is owned or
2.36primarily operated by the permanently physically disabled person.
3.1 Subd. 2b. When not eligible. On becoming ineligible for the disability plate
3.2or plates, the owner of the motor vehicle shall remove the disability plate or plates.
3.3The owner may receive regular plates for the
3.4remainder of the registration period.
3.5 Subd. 3. Penalties for unauthorized use of plates. (a) A person who uses the
3.6disability plate or plates or permit provided under this section on a motor vehicle in
3.7violation of this section is guilty of a misdemeanor, and is subject to a fine of $500. This
3.8subdivision does not preclude a person who is not physically disabled from operating a
3.9
3.10(1) the person is the owner of the
3.11permits its operation by a physically disabled person;
3.12(2) the person operates the
3.13physically disabled; or
3.14(3) the person is the owner of the
3.15of a permanently physically disabled minor, and operates the
3.16the minor.
3.17(b) A driver who is not disabled is not entitled to the parking privileges provided
3.18in this section and in section
3.19disabled person.
3.20 Subd. 4. Fees; disposition. All fees collected from the sale of a disability plate or
3.21plates under this section must be deposited in the state treasury to the credit of the vehicle
3.22services operating account under section
3.23 Subd. 5. Definitions. For the purposes of this section, the term "physically disabled
3.24person" has the meaning given it in section
3.25 Subd. 6. Driver's license law not affected. This section must not be construed to
3.26revoke, limit, or amend chapter 171.
3.27 Sec. 2. Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:
3.28 Subdivision 1. Scope of privilege. (a) A
3.29subdivision 1, paragraph (a), that prominently displays the certificate authorized by this
3.30section or that bears the disability plate or plates issued under section
3.31parked by or solely for the benefit of a physically disabled person:
3.32(1) in a designated parking space for disabled persons, as provided in section
3.34(2) in a metered parking space without obligation to pay the meter fee and without
3.35time restrictions unless time restrictions are separately posted on official signs; and
4.1(3) without time restrictions in a nonmetered space where parking is otherwise
4.2allowed for passenger vehicles but restricted to a maximum period of time and that does
4.3not specifically prohibit the exercise of disabled parking privileges in that space.
4.4A person may park
4.5described in clause (1) or (2) only when actually transporting the physically disabled
4.6person for the sole benefit of that person and when the parking space is within a reasonable
4.7distance from the drop-off point.
4.8(b) For purposes of this subdivision, a certificate is prominently displayed if it is
4.9displayed so that it may be viewed from the front and rear of the motor vehicle by hanging
4.10it from the rearview mirror attached to the front windshield of the motor vehicle or, in
4.11the case of a motorcycle, is secured to the vehicle. If there is no rearview mirror or if the
4.12certificate holder's disability precludes placing the certificate on the mirror, the certificate
4.13must be displayed on the dashboard on the driver's side of the vehicle. No part of the
4.14certificate may be obscured.
4.15(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
4.16permit parking in areas prohibited by sections
4.17parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
4.18governmental unit may, by ordinance, prohibit parking on any street or highway to create
4.19a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
4.20these ordinances also apply to physically disabled persons.
4.21 Sec. 3. Minnesota Statutes 2010, section 169.345, subdivision 3, is amended to read:
4.22 Subd. 3. Identifying certificate. (a) The commissioner shall issue (1) immediately,
4.23a permit valid for 30 days if the person is eligible for the certificate issued under this
4.24section and (2) an identifying certificate for a
4.25subdivision 1, paragraph (a), when a physically disabled applicant submits proof of
4.26physical disability under subdivision 2a. The commissioner shall design separate
4.27certificates for persons with permanent and temporary disabilities that can be readily
4.28distinguished from each other from outside a
4.29the case of a motorcycle, can be readily secured to the motorcycle. An applicant may be
4.30issued up to two certificates if the applicant has not been issued disability plates under
4.31section
4.32(b) The operator of a
4.33privileges provided in subdivision 1 only while the
4.34transporting a physically disabled person.
5.1(c) The commissioner shall cancel all certificates issued to an applicant who fails to
5.2comply with the requirements of this subdivision.
