Bill Text: NJ A2947 | 2012-2013 | Regular Session | Introduced
Bill Title: Makes various revisions to laws concerning disabled person identification cards and placards related to parking privileges.*
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-01-14 - Approved P.L.2013, c.3. [A2947 Detail]
Download: New_Jersey-2012-A2947-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Provides certain restrictions in acquiring and displaying handicapped placards.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning handicapped parking and amending P.L.1949, c.280.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1949, c.280 (C.39:4-205) is amended to read as follows:
2. a. The [Director of the Division of Motor Vehicles in the Department of Law and Public Safety] Chief Administrator of the Motor Vehicle Commission in the Department of Transportation shall issue, at the expense of the State of New Jersey, handicapped person identification cards upon the application of qualifying handicapped persons, as heretofore defined, and after due investigation of the qualifying status of each applicant. Said card shall, amongst other things, identify the handicapped persons and the registration number of the vehicle for which any wheelchair symbol license plates have been issued under the provisions of section 3 of this act and shall state that he is a handicapped person validly qualified hereunder to receive such card, that said card is for the exclusive use of the person to whom it has been duly issued, is nontransferable and will be forfeited if presented by any other person, and that any abuse of any privilege, benefit, precedence or consideration granted to any person to whom such card may be issued will be sufficient cause for revocation of said card, corresponding windshield placard and wheelchair symbol license plates, and the same may be forfeited or revoked accordingly, and in the absence of any such forfeiture or revocation said card shall be valid [indefinitely] for a period of time as prescribed by the Chief Administrator of the Motor Vehicle Commission.
b. Application for issuance or renewal of a handicapped person identification card in the form of an individual placard or decal shall include:
(1) A certificate, signed and dated within six months preceding the date of application, by a licensed physician or a certified nurse practitioner that the applicant is a person with a disability or a certificate, signed and dated within six months preceding the date of application; and
(2) The state-issued licensing number of the licensed physician, certified nurse practitioner, or licensed physician assistant who signed the certificate described in paragraph (1) of this section; and
(3) The number of a current, valid driver license, identification card, or handicapped identification card issued to the applicant by the department.
c. The corresponding windshield placard shall be renewed concurrently upon the renewal of the handicapped person identification card as directed by the chief administrator. The expiration date shall be clearly visible on the placard in a manner prescribed by the chief administrator.
d. Renewal of a handicapped person identification card shall occur every four years at the Motor Vehicle Commission in conjunction with license renewal.
(c.f. P.L.1981, c. 36, s. 2)
2. Section 3 of P.L.1949, c.280 (C.39:4-206) is amended to read as follows:
3. The [director] chief administrator shall issue to such applicant, also, a placard of such size and design as shall be determined by the [director] chief administrator in consultation with the Division of Vocational Rehabilitation Services in the Department of Labor and the Office of Disability Services in the Department of Human Services, indicating that a handicapped person identification card has been issued to the person designated therein, which shall be displayed in such manner as the [director] chief administrator shall determine on the motor vehicle used to transport the handicapped person, when the vehicle is parked overtime or in special parking places established for use by handicapped persons.
Notwithstanding any provision of P.L.1949, c.280 (C.39:4-204 et seq.) to the contrary, the chief of police of each municipality in this State shall issue a temporary placard of not more than six months' duration to any person who has temporarily lost the use of one or more limbs or is temporarily disabled as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise temporarily limited, as certified by a physician with a plenary license to practice medicine and surgery; a podiatrist licensed to practice in this State or a bordering state; a physician stationed at a military or naval installation located in this State who is licensed to practice in any state; or a chiropractic physician licensed to practice in this State or a bordering state. Each temporary handicapped placard issued under the provisions of this section shall set forth the date on which it shall become invalid.
The temporary placard shall be granted upon written certification by a physician with a plenary license to practice medicine and surgery or a podiatrist licensed to practice in this State or a bordering state or a physician stationed at a military or naval installation located in this State who is licensed to practice in any state that the person meets the conditions constituting temporary disability as provided in this section. This certification shall be provided on a standard form to be developed by the [director] chief administrator in consultation with local chiefs of police and representatives of the handicapped. The form shall contain only those conditions constituting temporary disability as are provided in this section. The physical presence of the handicapped person shall not be required for the issuance of a temporary handicapped placard.
The placard may be renewed one time at the discretion of the issuing authority for a period of not more than six months' duration. The expiration date shall be clearly visible on the placard. The application for renewal of a handicapped person identification card or parking placard shall include a signed statement from the holder of the permit saying that the person continues to qualify to hold the card and placard. The placard shall be displayed on the motor vehicle used by the temporarily handicapped person and shall give the person the right to park overtime or to use special parking places established for use by handicapped persons in any municipality of this State.
The fee for the issuance of such temporary or permanent placard issued pursuant to this section shall be $4.00 and payable to the [Director of the Division of Motor Vehicles] Chief Administrator of the Motor Vehicle Commission.
The [director] chief administrator may, in addition, issue license plates bearing the national wheelchair symbol for:
a. Not more than two motor vehicles owned, operated or leased by a handicapped person or by any person furnishing transportation on his behalf; or
b. Any two motorcycles owned, operated or leased by a handicapped person.
The fee for the issuance of such plates shall be $10.00 for each vehicle.
(cf: P.L.1999, c.326, s.2)
3. This act shall take effect immediately.
STATEMENT
Provides certain restrictions in acquiring and displaying handicapped placards.
Specifically, this bill requires a medical professionals certification to attain and renew a handicap person identification card or placard, requires all handicap windshield placards to be issued with a prominently displayed expiration date, and requires that permanent placards be renewed every four years in conjunction with license renewal.
Under New Jersey law, only the person issued the identification card may use the placard. If the driver is not the person in possession of a handicapped identification card, the person must be present in the vehicle. Regulations also prohibit a placard holder from allowing someone else to use their placard.
A person who illegally obtains handicapped placards may be prosecuted under the criminal code for falsifying records. If convicted, the offender may be subject to a fine up to $10,000, and a term of imprisonment of up to 18 months, or both.
Several States including Florida, California, Pennsylvania, Oregon, and Wisconsin have some or all of these restrictions in place. It has been reported that some individuals continue to use disabled parking permits after they no longer need them.
Currently, there is no requirement for the placards to contain a visible expiration date. Although this will not completely guard against the fraud, these requirements would assist law enforcement in quickly detecting expired placards and curtail misuse by New Jersey residents.
