TITLE 31
Motor and Other vehicles
CHAPTER 31-28
Parking Facilities and Privileges
SECTION 31-28-7
§ 31-28-7 Motor vehicle plates for persons
with disabilities Entitlement Designated parking spaces
Violations.
(a) Persons, as defined in subsection (h) of this section, upon application and
proof of permanent or long-term disability to the division of motor vehicles,
shall be issued one motor vehicle disability parking privilege placard or in
the case of a motorcycle, one motor vehicle sticker, of blue which shall be
imprinted with the white international symbol of access, certificate number,
the words "Rhode Island Disability Parking Permit" and shall bear the
expiration date upon its face. A placard or motorcycle sticker issued to a
person whose disability is temporary shall be substantially similar to that
issued to a person with a permanent or long term disability. The temporary
placard, however, shall be a red placard with a white international symbol of
access, certificate number, the words "Rhode Island Disability Parking Permit"
and shall bear the expiration dates upon its face. A preliminary placard shall
be similar to that issued to a person with a permanent, long-term, or temporary
disability. The preliminary placard shall be effective for twenty-one (21)
days, and may be issued by an applicant's licensed physician, if in the medical
provider's opinion the applicant's medical condition merits the issuance of a
preliminary placard while the division considers the applicant's qualifications
for any type of disability parking permit. The preliminary placard shall be an
orange placard with a white international symbol of access, certificate number,
the words "Rhode Island Disability Parking Permit" and shall bear the
expiration date upon its face and shall be displayed on the dashboard of the
vehicle in a manner that it is clearly visible from the front. The division of
motor vehicles shall promulgate rules governing the issuance and use of
preliminary placards. Applicants shall not be charged any fee associated with
the issuance of a preliminary placard. Physicians submitting false information
to the division of motor vehicles to obtain a preliminary placard on anyone's
behalf may be subject to the penalties set forth in § 11-18-1.3. Persons
issued a placard or motorcycle sticker pursuant to this section shall be
entitled to the immunities of §§ 31-28-4 and 31-28-6. The placard
shall conform to the Uniform Parking System for Disabled Drivers standard
issued by the United States Department of Transportation. If an application for
a placard or motorcycle sticker is denied, the division of motor vehicles shall
promptly notify the applicant in writing, stating the specific reason(s) for
the denial, and advising the applicant of the procedures for requesting a
hearing to appeal the denial. Prior to the appeal hearing, the applicant shall
be provided with any and all documents relied upon by the division in denying
the application. If an application contains a physician certification that the
applicant is sufficiently disabled to require a placard or motorcycle sticker,
and the division has not provided specific reasons in its denial letter to the
applicant, the hearing officer shall summarily order that a placard or
motorcycle sticker be provided to the applicant. At all other hearings of
application denials where a physician certification has been provided, the
division shall bear the burden of proof that the individual is not entitled to
a placard or motorcycle sticker pursuant to this chapter.
(b) A placard issued pursuant to this section shall be
portable and used only when the person is being transported. The placard is to
be hung from the rear view mirror so as to be seen through the front or rear
windshield of the motor vehicle. A placard may be issued to a person with a
disability who does not own a motor vehicle, to be used only when he or she is
being transported. A motorcycle sticker issued pursuant to this section shall
not be portable and shall be affixed to the rear plate of the motorcycle.
(c)(1) The certificate of entitlement to the placard or
motorcycle sticker shall be renewed every six (6) years for individuals with a
long-term disability, as defined in subsection (d) of this section, and the
renewal application shall require a physician's certification that the
condition has not changed since the previous approval, and six (6) years for
individuals with a permanent disability as defined in subsection (h) of this
section, in accordance with a schedule prepared by the division of motor
vehicles that uses the last name of an individual to determine the month of
renewal. If an application or subsequent renewal is accompanied by a
physician's certification that the applicant's condition is a chronic,
permanent impairment and that application is approved, then any subsequent
renewal shall be authorized upon receipt of a notarized affidavit from the
applicant or applicant's, guardian or legal representative or a certificate
from the applicant's physician that his or her condition has not changed since
the previous approval.
(2) The certificate of entitlement to the placard or
motorcycle sticker shall be covered with plastic or similar material. The
applicant shall, upon timely renewal, receive a sticker bearing the expiration
date of the certificate of entitlement to be affixed across the expiration date
of the disability parking privilege placard or in the case of a motorcycle the
applicant shall receive a new motorcycle sticker. The division of motor
vehicles shall establish rules and regulations allowing for the renewal of the
certificates of entitlement by mail.
(3) Whenever the division of motor vehicles proposes to
suspend, revoke or fail to renew the certificate of entitlement for
noncompliance with the requirements of this section or for violation of
subsection (h) of this section, the individual shall first be entitled to a
hearing before the division of motor vehicles to contest the proposed action.
At the hearing, the division of motor vehicles shall bear the burden of proof
that the individual is not entitled to the placard or motorcycle sticker
pursuant to this chapter. There shall be no renewal fee charged for the
placards or motorcycle sticker. The division of motor vehicles shall be
authorized to issue a temporary disability parking privilege placard or
motorcycle sticker immediately upon receipt of an application for individuals
with a temporary impairment, as defined in subsection (h) of this section. A
temporary placard or motorcycle sticker shall be valid for sixty (60) days from
the date of issuance. Temporary placards or motorcycle stickers may be renewed
for a period of one year or less, as determined by the medical advisory board
upon application if the disability persists. The division of motor vehicles
shall subsequently review the applications in accordance with the procedures
currently in effect as to applications from persons whose disability is long
term. Any issuance which, after subsequent review, shall be found to be
inappropriate shall be revoked and notice of the revocation shall be sent to
the applicant.
(d) A person, other than a person with a disability, who for
his or her own purposes uses the parking privilege placard, shall be fined five
hundred dollars ($500) for each violation. A person issued a special placard
who uses the placard after expiration, or who shall allow unauthorized use of
the disability parking placard or sticker, may be subject to immediate
revocation of the use of the placard by the division of motor vehicles, and
subject to a fine of five hundred dollars ($500).
(e) Disability parking spaces shall be designated and
identified by the posting of signs above ground level incorporating the
international symbol of access of white on blue, and the words "Handicapped
Parking", "Disability Parking," "Disabled Parking," or "Reserved Parking" at
each space, at both ends of a row or series of adjacent disability parking
spaces, or at the entrance to a parking lot restricted to only disability
parking.
(f) A person, other than a person issued a special placard or
motorcycle sticker pursuant to this section, who parks a vehicle in a parking
space designated for persons with disabilities, shall be fined: (1) one hundred
dollars ($100) for a first violation, (2) one hundred seventy-five dollars
($175) for a second violation, and (3) three hundred twenty-five dollars ($325)
for a third or subsequent violation. The vehicle may be subject to towing at
the owner's expense. Provided further, that it shall not be unlawful for a
person to park a vehicle in a space designated for person with disabilities if
that person is transporting a person who has been issued a special placard and
is properly displaying the placard on the vehicle.
(g) Enforcement of the parking provisions of this section
shall be enforced by the local or state authorities on public or private
property when the location of the parking spaces is within the purview of the
State Building Code, chapter 27.3 of title 23.
(h) Definitions. For the purpose of this section:
(1) "Disabled" or "disability" means a permanent or long-term
impairment which prevents or impedes walking, which shall include but not be
limited to: (i) an impairment which prevents walking and requires use of a
wheelchair; (ii) an impairment which involuntarily causes difficulty or
insecurity in walking or climbing stairs with or without the need to use
braces, crutches, canes or artificial support; (iii) an impairment caused by
amputation, arthritis, blindness (including legally blind), or orthopedic
condition; (iv) an impairment in respiratory, circulatory, or neurological
health which limits the person's walking capability; or (v) disabled veteran,
pursuant to § 31-6-8 after certification of eligibility from the Veterans'
Administration or other satisfactory documentation of eligibility is presented.
Persons with disabilities may be capable of working or may be presently working.
(2) "Long-term disability" means an impairment which is
potentially reversible or may improve with appropriate medical treatment. At
the time of application and or renewal, the impairment should not be expected
to improve prior to the expiration of the certification, to a point where the
individual does not meet the provisions of subdivision (1) of this subsection.
(3) "Permanent disability" means an impairment which is
non-reversible.
(4) "Temporary impairment" means an impairment which is
expected to improve to a point where the individual does not meet the
provisions of subdivision (1) of this subsection, within two (2) years of the
application.
(i) The department of revenue shall inform each licensed
driver of the certificate procedures and parking restrictions of this section
and §§ 31-28-4 and 31-28-6, and a facsimile of the portable placards
and motorcycle stickers issued under this section shall be sent to the
enforcing authority of each state, and each enforcing authority shall be
informed of the parking restrictions of this section and §§ 31-28-4
and 31-28-6. Recipients of disability parking privilege placards shall also
receive instructions on their use and the penalties for misuse, when the
placard is initially issued.
(j) Any person who makes, manufactures, offers for sale or
knowingly uses a counterfeit parking privilege placard shall be fined up to
five hundred dollars ($500) and/or forty (40) hours of community restitution.
History of Section.
(P.L. 1948, ch. 2051, § 3; P.L. 1951, ch. 2851, § 1; P.L. 1955, ch.
3575, § 1; G.L. 1956, § 31-28-7; P.L. 1982, ch. 74, § 1; P.L.
1982, ch. 281, §§ 1, 3; P.L. 1983, ch. 14, § 1; P.L. 1983, ch.
138, § 1; P.L. 1985, ch. 286, § 1; P.L. 1986, ch. 81, § 1; P.L.
1986, ch. 149, § 1; P.L. 1987, ch. 127, § 1; P.L. 1988, ch. 132,
§ 1; P.L. 1988, ch. 439, § 1; P.L. 1988, ch. 592, § 1; P.L.
1989, ch. 548, § 1; P.L. 1990, ch. 44, § 1; P.L. 1991, ch. 33, §
1; P.L. 1992, ch. 64, § 1; P.L. 1992, ch. 126, § 1; P.L. 1994, ch.
109, § 1; P.L. 1994, ch. 135, § 1; P.L. 1994, ch. 379, § 1; P.L.
1996, ch. 314, § 1; P.L. 1996, ch. 323, § 1; P.L. 1998, ch. 402,
§ 1; P.L. 1999, ch. 83, § 72; P.L. 1999, ch. 130, § 72; P.L.
2000, ch. 252, § 1; P.L. 2001, ch. 280, § 1; P.L. 2002, ch. 58,
§ 7; P.L. 2002, ch. 214, § 1; P.L. 2002, ch. 396, § 1; P.L.
2006, ch. 183, § 1; P.L. 2006, ch. 333, § 1; P.L. 2006, ch. 651,
§ 2; P.L. 2007, ch. 135, § 1; P.L. 2007, ch. 214, § 1; P.L.
2008, ch. 98, § 23; P.L. 2008, ch. 145, § 23; P.L. 2013, ch. 24,
§ 1; P.L. 2013, ch. 35, § 1; P.L. 2013, ch. 105, § 1; P.L. 2013,
ch. 115, § 1.)