GCPD’s 2016 Study on Accessible Parking and Disabled Placard Abuse: A Status Update
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Ron Lucey and Fran Robertson's (Texas Governor's Committee on People with Disabilities) presentation provided an update on their 2016 study on abuse of accessible parking and disabled placards.
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GCPD’s 2016 Study on Accessible Parking and Disabled Placard Abuse: A Status Update
- 1. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES GCPD’s 2016 Study on Accessible Parking and Disabled Placard Abuse: A Status Update R ON L U C EY, E x e c u t i v e D i r e c t o r F R AN R OB ERT SON , R e s e a r c h S p e c i a l i s t
- 2. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES 2 HB 1317 (84R) charged GCPD to review: 1. Texas parking laws applying to PWD; 2. Parking laws of other states applying to PWD; 3. Parking requirements for PWD in: a. ADA of 1990 and related federal regulations; b. 2010 ADA Standards for Accessible Design; c. 2012 Texas Accessibility Standards; and 4. Policies on parking for PWD in state-owned parking lots including on State Capitol grounds. 84th Legislative Session: Interim Study
- 3. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES 2016 Accessible Parking Report 3 https://gov.texas.gov/uploads/files/organization/disabilities/GCPD_Report_85th_ TxAccessibleParking__final_110116.pdf
- 4. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Online Survey 7,537 Responses from Individuals and Businesses 4 Major Concerns emerged from survey responses: Enforcement: 13.7% of respondents expressed a need for more enforcement of current laws Accessible Parking Spaces: 11.3% of respondents expressed a need for more accessible parking spaces Disabled Placard Abuse: 5.4% of respondents expressed concerns or experiences with placard abuse Education: 3.8% of respondents addressed the need for accessible parking education 4
- 5. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Enforcement is Important to Public & Business 5
- 6. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Disconnect Between Public and Business Perception on Available Accessible Parking 6
- 7. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Agreement by Public & Business on Prevalence of Disabled Placard Abuse 7
- 8. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Agreement by Public & Business on Ways to Reduce Parking Fraud & Abuse 8
- 9. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Final Report 3 Primary Findings: and 12 Recommendations: 9
- 10. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Findings Finding #1: Placard fraud and abuse is seen as a prevalent problem. Finding #2: Insufficient number of accessible parking spaces, particularly van accessible spaces at medical facilities. Finding #3: Need more enforcement of current accessible parking laws. 10
- 11. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Recommendations 1 - 6 1. Strengthen enforcement of accessible parking laws. 2. Control placard fraud and abuse through tighter laws and administrative remedies. 3. Heighten public awareness about accessible parking through public awareness campaigns. 4. Change language in the Transportation Code from Handicapped Parking to Accessible Parking to align with People First Language. 5. Promote volunteer accessible parking enforcement programs to improve accessible parking enforcement. 6. Improve accessibility for visitors and residents within the Capitol Complex. 11
- 12. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Recommendations 7 - 12 7. Permit alternative sentencing. 8. Increase the number of van accessible spaces at medical facilities. 9. Paint the disability icon in accessible parking spaces and paint the words “No Parking” in access aisles. 10. Include on accessible parking signs regulatory language that informs of fines and consequences. 11. Grant additional authority to GCPD to provide education and training and to work with other state agencies to provide public education and awareness. 12. Consider aligning state law with federal law so accessible parking privileges are reserved only for those veterans with mobility disabilities. 12
- 13. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES 13 Legislative Action As a Result of Our Report SB 1205 - Relating to the sharing of death record information between the Dept of State Health Services and the Dept of Public Safety Signed into law by Governor Abbot on June 12, 2017 HB 2979 - Relating to the punishment for certain offenses involving parking in a space designated for persons with disabilities (provides for alternative sentencing) Referred to Transportation Committee HB 3583 - Relating to operators of motor vehicles who use temporary disabled parking placards (must provide written evidence of disability at the request of a peace officer) Left pending in Transportation Committee HB 4137 - Relating to the availability of parking spaces at rehabilitation/ physical therapy or medical facilities for PwD (number of van-accessible spaces and administrative penalties for continuing violations) Referred to Public Health Committee
- 14. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Parking Laws Across the Country Most states appear to adopt 23 C.F.R Part 1235 Uniform System for Parking for Persons with Disabilities as a foundation for permit eligibility criteria, types and styles of placards/specialty plates, and the application and certification process. 3 major areas of difference among states include: • Time limits for placards: 2 years to non-expiring; • Parking signs: minimal markings according to ADA Design Standards to inclusion of statutory language for fines/penalties, towing, or who can use the space; and • Enforcement: minimal civil penalties to criminal penalties. 14
- 15. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Noteworthy Best Practices New Mexico: § 66-1-4.1(B) specifies that the words “NO PARKING” in capital letters, with each letter at least 12 inches high and 2 inches wide, is placed at the rear of each access aisle so they are close to where an adjacent vehicle’s rear tires would be placed. New Mexico: § 66-1-4.4(E) provides that paved accessible parking spaces are marked by a clearly visible depiction of the international symbol of access painted in blue on the pavement of the space. 15
- 16. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Noteworthy Best Practices New Mexico: § 66-3-16(E). In 2015, New Mexico re- designed their placard to include a hologram that wraps around to both sides of the placard to make duplication difficult; an imprinted serial number and expiration date; and a full-face photo of the holder on the inside of the placard with a flap to cover the photo. Instruction language was simplified to be easily understood. 16
- 17. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Noteworthy Best Practices Virginia: § 46.2-739 specifies that “DV” license plates for disabled veterans do not let vehicles use parking spaces reserved for persons with mobility disabilities. Instead, special disabled vet plates displaying both the letters “DV” and the symbol for international access identifies the veteran as a person with a mobility disability who may use accessible parking spaces. Washington: RCW 46.19.050(12) provides that for 2nd or subsequent violations, in addition to a monetary penalty, the violator must complete a minimum of 40 hours of community restitution for a nonprofit organization that serves PWD or disabling diseases or any other community restitution that may sensitize the violator to the needs and obstacles faced by PWD. 17
- 18. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Noteworthy Best Practices Wisconsin: Has an online Disabled Parking Certification System for temporary and permanent disabled parking permits & license plates. Health care specialists submit eligibility certification directly to the DMV where the applicant’s record is updated in real-time. Illinois: 625 ILCS 5/11 – 1301.5. Imposes a fine on a physician or other specified healthcare professional who knowingly falsifies a certification for a person who does not have a disability to entitle him or her to a disability license plate or parking decal. 18
- 19. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Recent State Efforts to Deter Disabled Parking Placard Fraud California: SB 611 – response to 4/18/17 state audit. Approved by Governor 10/4/2017. Effective: 1/01/2019. Requires quarterly audits of applications and work with state health board to ensure accuracy. All permanent placard holders must renew permits every 6 years. Does not apply to license plate holders. Applicants must provide proof of name & date of birth. Limits number of replacement placards issued in a 2- year period (previously unlimited) to four. 19
- 20. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Recent State Efforts to Deter Disabled Parking Placard Fraud Iowa: House File 588 – permanent disability placard change Signed by Gov 4/6/16 Effective: 1/01/17 New applicants for perm disability placards have to renew every 5 years. Does not affect those who currently have a perm disability placard. 20 Arkansas: Act 1003 of 2017 Approved: 4/06/2017 Effective: 8/11/2017 Arkansas General Assembly established mechanism for a person to report suspected misuse of a disabled license plate, disabled placard, or a disabled parking space to the Office of Motor Vehicle. May report by phone hotline or by submitting form online or by mail.
- 21. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES National Accessible Parking Coalition Formed 21 December 6, 2017 at U.S. Access Board in Washington D.C.
- 22. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Coalition Members Include • American Assn of Motor Vehicle Administrators (AAMVA) • American Assn of People with Disabilities (AAPD) • Association of Programs for Rural Independent Living (APRIL) • Int’l Parking Institute (IPI) • National Council on Independent Living (NCIL) • National Highway Traffic Safety Administration (NHTSA), part of the U.S. Department of Transportation (DOT) 22 • National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR), part of the U.S. Dept of Health and Human Services • Paralyzed Veterans of America (PVA) • Research and Training, Center on Independent Living at the University of Kansas • Texas Governor’s Committee on People with Disabilities (GCPD) • United Spinal Association • U.S. Access Board •
- 23. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Why Form this Coalition? • Individual jurisdictions and agencies have been working independently to address parking fraud and abuse problems and have developed innovative solutions. • Now, a unified group of transportation officials, government agencies, advocacy groups, parking management and technology experts, disabled veterans groups, civil rights advocates, and those in the independent living movement are looking at accessible parking and disabled placard abuse at a national level. • The coalition hopes to create an online resource center to showcase programs (legislative initiatives, policies, and research) that are solving the problem and plan a public awareness campaign. 23
- 24. Texas Office of the Governor GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES Contact Information 24 Texas Governor’s Committee on People with Disabilities Website: http://gov.texas.gov/disabilities E-Mail: GCPD@gov.texas.gov Phone: 512-463-5739 (V) 512-434-0102 (VP) Ron Lucey ron.lucey@gov.texas.gov (512) 463-5742 Fran Robertson fran.robertson@gov.texas.gov (512) 463-5743
Editor's Notes
- Title Slide
- The Texas Legislature mandated four specific areas to address in our accessible parking report.
- Report was finalized on November 1, 2016 and is available on the GCPD website
- In all, we received over 7500 responses to our survey. After analyzing the responses received, we found that four major concerns emerged: Enforcement of accessible parking laws, the need for more accessible parking spaces, disabled placard abuse, and the need for accessible parking education.
- Enforcement of accessible parking laws was found to be one of the top issues important to both individuals with disabilities and businesses. 75% of businesses agreed with the need to reduce accessible parking fraud and abuse. Enforcement was the #1 issue of concern raised by individuals with disabilities.
- There is an apparent disconnect between the public and businesses regarding the availability of accessible parking spots. 91% of businesses surveyed felt they provided enough accessible parking while 95% of people surveyed said they encountered problems finding an accessible parking spot at least once a month if not more often. Individual Survey: 18.6% Every day Business Survey: 91.0% of businesses who feel they provide enough 40.0% Several Times a Week accessible parking spaces 20.8% Once a Week 15.5% Once a Month 94.9% Total who experience problems with accessible parking spaces
- Both individuals with disabilities and businesses agree that disabled parking placard abuse is widespread in the community. Individual Survey: 39.9% Strongly Agree Business Survey: 25.7% Strongly Agree 29.8% Agree 30.9% Agree 69.7% Total 56.6% Total
- Both individuals with disabilities and businesses agree that a combination of fines and education appears to be the best way to reduce accessible parking fraud and abuse. Individual Survey: 33.0% Strongly Agree Business Survey: 31.9% Strongly Agree 40.2% Agree 41.7% Agree 73.2% Total 73.6% Total
- After researching and analyzing the data for all the legislative charges, we came up with 3 primary findings and 12 recommendations for our final report.
- Finding #1: Placard fraud and abuse is seen as a prevalent problem by everyone. In summarizing our extensive research on Texas state parking laws, parking laws from around the country, and survey findings on accessible parking issues there was no doubting the conclusion that most people saw placard fraud and abuse as a major concern. Disabled parking placards are highly prized by many people because they allow the placard holders to park in accessible parking spaces that are convenient to the entrances of many workplaces or businesses. Also, if the space has a parking meter where the driver must pay to use the space, the placard holder generally is entitled to a meter-fee exemption and has no time limits places on the vehicle for parking in that accessible parking space unless there are local ordinances to the contrary and they are enforced. My research found that audits and parking studies on accessible parking issues have been conducted all over the country at both the state and local level. Some of the more recent audits and studies I found included: Massachusetts – Office of Inspector General: Internal Special Audit Unit (February 24, 2016) California State Auditor (2016) – Released April 18, 2017 Colorado – (March 13, 2015) Washington State –Department of Licensing (2013) under Substitute Senate Bill 5024 Denver Agency for Human Rights & Community Partnerships, Disability Parking Enforcement Program (August 2016) City of Trenton, NJ – Bier Associates Review of City Parking System (January 21, 2015) City of Seattle – Office of City Auditor (May 30, 2013) San Francisco Municipal Transportation Authority (October 22, 2013) Findings from these audits and studies include: Drivers regularly using placards belonging to someone else, including deceased persons, spouses, relatives and roommates. Drivers using expired placards. Drivers using cancelled placards. Drivers covering the placard’s number and expiration date or altering expiration dates that the DMV had written on the hangtag with permanent marker. Driver’s purchasing placards illegally from Craig’s list or other sources. Driver’s extending temporary placards that had an initial 6-month limitation, sometimes three or more times using the same initial diagnosis. Lost revenues from meter fees from placard fraud and abuse can be in the millions. For instance, Boston estimates annual losses of $1.824 million (at a conservative 10% estimate) which rises to $2.736 million (at a15% estimate). Some places chose to do away with meter fee exemptions all together for disabled parking placards. When Raleigh, North Carolina eliminated its meter-fee exemption for disabled parking placards, it saw a 193% increase in revenues in downtown parking meters. In early 2001, Philadelphia’s Center City had 40% of its parking spaces occupied by vehicles displaying disabled parking placards. When it eliminated its free-parking ordinance, parking meter revenues increased by $1.5 million in just 9 months. Los Angeles County reported 621,000 drivers have disabled parking placards. In 2011, the Los Angeles Times reported that 33% of drivers using placards to park at parking meters were abusing the placards costing the city millions in lost revenues. Some places have implemented a tier-system for meter-fee exemptions. Michigan, for instance, has a two-tier system that they introduced in 1995. One tier is for those who are severely disabled and cannot operate or reach a parking meter. They qualify for a disabled parking placard and a meter-fee exemption. The other tier is for all other applicants who qualify for a disabled parking placard and can park in accessible parking spaces but must pay to park at a parking meter. After implementing this two-tier system, only 2% of the previous placard holders qualified for the meter-fee exemption. Portland, Oregon also eliminated the meter-fee exemption for vehicles with placards on July 1, 2014. The number of vehicles with placards that occupied metered parking spaces decreased by 70%. Illinois adopted a two-tier system in 2014 after the vendor that operated Chicago’s parking meters determined that the meter-fee exemption program cost the city almost $55 million over a 2-year period which they had to pay the vendor. They adopted a two-tier program similar to that of Michigan. Finding #2: People believe we don’t have enough accessible parking spaces, especially van accessible parking spaces at medical facilities. The Texas Accessibility Standards (TAS) specifies the minimum number of accessible parking spaces required at facilities, and most places go with minimum requirements. Also, we get a lot of complaint calls on parking issued at apartment complexes. We need to point out that requirements for multi-housing units such as apartment complexes are covered under the Fair Housing Act and can be different than ADA requirements. However, based on research and day-to-day experiences, you can generally agree that insufficient accessible parking spaces can be due in part to disabled placard fraud and abuse. I want to note that GCPD’s Biennial Policy Recommendations report for the 85th legislative session saw one of our recommendations for increasing the number of van accessible spaces at medical facilities introduced as HB 4137. Unfortunately it did not make it out of committee. Finding #3: We need more enforcement of current accessible parking laws that are already on the books. We get calls every week from constituents making requests for enforcement. There appears to be need for strengthening the enforcement language in statute and perhaps some clarification. In Texas, Transportation Code, Section 681.011 addresses offenses and penalties for parking violations. Texas has some of the highest fines in the country for these accessible parking space and disabled parking placard violations. However, this may create a reluctance for judges to impose these penalties on violators causing a high dismissal rate. Our biennial recommendation report to the legislature touched on these issues.
- Recommendation 1: See Report pages 53-54 Recommendation 2: See Report pages 55-56 Recommendation 3: See Report page 57 Recommendation 4: See Report page 58 Recommendation 5: See Report page 59 Recommendation 6: See Report pages 60-63
- Recommendation #7: See Report page 64 Recommendation #8: See Report page 65 Recommendation #9: See Report page 66 Recommendation #10: See Report page 67 Recommendation #11: See Report page 68 Recommendation #12: See Report page 69
- Recap of actions taken based on our recommendations: Recommendation 1 = SB 1205 Recommendation 7 = HB 2979 Recommendation 1 = HB 3583 Recommendation 8 = HB 4137 In total we made 51 recommendations in our 10 issue areas, 12 were in the area of transportation. 10 bills with or w/o companion bills were introduced relevant to our recommendations last legislative session; 4 were in the area of transportation, one of which passed. H.B. 2979: SECTION 1. Section 681.011, Transportation Code, is amended by amending Subsection (g) and adding Subsections (g-1) and (g-2) to read as follows: (g-1) In lieu of imposing a fine on conviction under Subsection (g), the court may order a person who has not previously been convicted of an offense under this section to: (1) perform community service at a nonprofit organization that serves persons with disabilities or persons with disabling diseases; (2) perform any community service that may sensitize the person to the needs of and obstacles faced by persons with disabilities; or (3) attend education classes on disability awareness and accessible parking. (g-2) The court shall set the number of hours of community service or education classes required under Subsection (g-1). H.B. 3583: SECTION 1. Section 681.006, Transportation Code, is amended by adding Subsection (f) to read as follows: (f) An operator of a vehicle who parks the vehicle in a parking space or area that is designated specifically for persons with physical disabilities and places on the rearview mirror of the vehicle ’s front windshield a disabled parking placard issued for a person with a temporary disability shall, on the request of a peace officer, provide written evidence of the disability of the operator or of a person being transported by the operator, as applicable, for whom the placard was issued. The written evidence must be: issued by the dept; or (2) signed by a person authorized to issue a stmt or prescription under Section 681.003(c), (e), or (f). H.B. 4137: SECTION 2. Subtitle A, Title 4, Health and Safety Code, is amended by adding Chapter 226 to read as follows: CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS WITH A DISABILITY Sec. 226.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Department" means the Department of State Health Services. (3) "Executive commissioner" means the executive commissioner of the commission. Sec 226.002. AVAILABILITY OF PARKING. The executive commission by rule shall require each facility that provides rehabilitation or physical therapy services or a division of a hospital that provides outpatient services to have a sufficient number of van-accessible parking spaces. A facility or division of a hospital may provide van-accessible parking spaces that are angled or that share access aisles with other parking spaces. Sec. 226.003.AAADMINISTRATIVE PENALTY. (a) The commission or dept, as applicable, may impose an admin penalty against a facility that provides rehab or physical therapy svcs or a hosp that violates this chap or a rule adopted under this chapter. (b) The penalty imposed under this section must be in an amount not to exceed $1,000. Each day of a continuing violation is a separate violation. (c) In determining the amt of penalty imposed under this section, the commission or dept, as applicable, shall consider: (1) any previous violations by the facility or hospital; (2) the seriousness of the violation; (3) any hazard to the health and safety of patients of the facility or hospital; (4) the demonstrated good faith of a facility or hosp in complying with this chap or a rule adopted under this chap; and (5) any other matter as justice may require. (d) The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty. A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the board to contest the affidavit as provided by those rules. (e) The atty general may sue to collect the penalty & recover reasonable expenses & costs incurred in collection of the penalty.
- 3 Major Areas of Difference in State Parking Laws: Time limits for disabled parking placards Wording on parking signs Penalties for parking violations
- In examining various accessible parking laws across the country, here are some of the ones we deemed as noteworthy best practices in reducing potential accessible parking space violations or disabled placard fraud or abuse. New Mexico Statutes passed in 2015: 66-1-4.1. Definitions “access aisle” means a space designed to allow a person with a significant mobility limitation to safely exit and enter a motor vehicle that is immediately adjacent to a designated parking space for persons with significant mobility limitation and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked and maintained with blue striping and, after January 1, 2011, the words “NO PARKING” in capital letters, each of which shall be at least one foot high and at least two inches wide, placed at the rear of the access aisle so as to be close to where an adjacent vehicle’s rear tires would be placed; 66-1-4.4. Definitions. E. "designated accessible parking space for persons with significant mobility limitation" means any space, including an access aisle, that is marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard with the international symbol of access issued in accordance with Section 66-3-16 NMSA 1978 and that is designated by a conspicuously posted sign bearing the international symbol of access and, if the parking space is paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space;
- New Mexico Statute passed in 2015 66-3-16 E. The division shall issue two-sided hanger-style parking placards with the following characteristics: (1) a picture of the international symbol of access; (2) a hologram to make duplication difficult; (3) an imprinted expiration date; and (4) a full-face photograph of the holder on the inside of the placard covered by a flap.
- Virginia: H 1374 (http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0457+pdf), Approved March 23, 2015 Virginia Code 46.2-739: Special license plates for certain disabled veterans; fees. On receipt of an application, the Commissioner shall issue special license plates to applicants who are veterans who have been certified by the U.S. Department of Veterans Affairs to have a service-connected disability or unremarried surviving spouses of disabled veterans as defined in § 46.2-100. These license plates shall be special permanent red, white, and blue license plates bearing the letters “DV.” The application shall be accompanied by a certification from the U.S. Department of Veterans Affairs that the veteran’s disability is service-connected. License plates issued under this subsection shall not permit the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk. On receipt of an application, the Commissioner shall issue special DV disabled parking license plates displaying the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts to the background to veterans who are also persons with disabilities that limit or impair their ability to walk as defined in § 46.2-100. The Commissioner shall require that such application be accompanied by a certification signed by a licensed physician, licensed podiatrist, licensed chiropractor, licensed nurse practitioner, or licensed physician assistant to that effect. Special DV disabled parking license plates issued under this subsection shall authorize the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk. Washington: Engrossed SB 5061 (http://lawfilesext.leg.wa.gov/biennium/2011 12/Pdf/Bills/Session%20Laws/Senate/5061.SL.pdf?cite=2011 c 171 § 74;), 62nd Legislature 2011 Regular Session, Approved April 27, 2011 , Effective Date: 07/01/11 Washington: RCW 46.19.050(12) Restrictions—Prohibitions—Violations—Penalties. (12) Community restitution. For second or subsequent violations of this section, in addition to a monetary penalty, the violator must complete a minimum of forty hours of: (a) Community restitution for a nonprofit organization that serves persons with disabilities or disabling diseases; or (b) Any other community restitution that may sensitize the violator to the needs and obstacles faced by persons with disabilities.
- Illinois: Public Act 100-0513 (http://www.ilga.gov/legislation/publicacts/100/PDF/100-0513.pdf) Illinois Compiled Statutes 625 ILCS 5/11-1301.5 – Fictitious or unlawfully altered disability license plate or parking decal or device (b) It is a violation of this Section for any person: (7) who is a physician, physician assistant, or advanced practice nurse to knowingly falsify a certification that a person is a person with disabilities as defined by Section 1-159.1 of this Code. (c) Sentence. (1) Any person convicted of a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (b) of this Section shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense.
- California State Audit Report 2016-121: https://www.bsa.ca.gov/pdfs/reports/2016-121.pdf California SB 611: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB611
- New state law to deter disabled parking placard fraud – Iowa. Iowa House File 588: https://www.legis.iowa.gov/docs/publications/LGE/86/HF588.pdf RELATING TO THE ISSUANCE OF PERSONS WITH DISABILITIES REMOVABLE WINDSHIELD PARKING PLACARDS, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 321L.2, subsection 1, paragraph a, subparagraph (3), Code 2016, is amended to read as follows: (3) Removable windshield placard. (a) A person with a disability may apply for a temporary removable windshield placard which shall be valid for a period of up to six months or a non-expiring standard removable windshield placard valid for a period of five years, as determined by the physician’s, physician assistant’s, nurse practitioner’s, or chiropractor’s statement under this subsection. (i) A temporary removable windshield placard shall be renewed within thirty days of the date of expiration. Persons seeking temporary removable windshield placards shall be required to furnish evidence upon initial application that they have a temporary disability and, in addition, furnish evidence at subsequent intervals that they remain temporarily disabled. Temporary removable windshield placards shall be of a distinctively different color from non-expiring standard removable windshield placards. (ii) A non-expiring standard removable windshield placard shall state on the face of the placard that it is a non-expiring placard expire on the last day of the month five years from the date of issuance. A person with a disability may renew a standard removable windshield placard within thirty days before or after the date of expiration by submitting a statement from a physician, physician’s assistant, nurse practitioner, or chiropractor, as provided in this subsection, to the department that the person has a continuing need for the placard. (b) The department shall issue one additional removable windshield placard upon the request of a person with a disability. Sec. 2. Section 321L.2, subsection 4, Code 2016, is amended to read as follows: 4. A removable windshield placard shall only be displayed when the vehicle is parked in a persons with disabilities parking space. The removable windshield placard shall be displayed in a manner that allows the entire placard to be visible through the vehicle’s windshield. Sec. 3. EFFECTIVE DATE AND APPLICABILITY. This Act takes effect January 1, 2017, and applies to persons with disabilities placards issued on or after that date. This Act does not affect the validity of non-expiring persons with disabilities placards issued prior to January 1, 2017.
- National Accessible Parking Coalition Formed – December 6, 2017
- Coalition Members
- The International Parking Institute contacted GCPD after receiving a copy of our accessible parking report. They were very interested in the research behind our findings and the survey we conducted. Using our survey as a beginning point for designing a national survey on accessible parking and disabled parking placard abuse issues, they launched an online survey at the national level for 3 weeks, receiving 3,751 responses from which they were able to draw valid conclusions including: Availability of accessible parking is very important in the ability to lead an independent life to 75% of respondents Parking availability influences a PWD’s decision to drive or ride for 70% of respondents Availability of parking affected decisions on where PWD lived for 64% of respondents 85% of PWD reported that had problems finding accessible parking in their communities from some of the time (24%) to about half of the time (32%) to most of the time (61%) The survey went on to identify specific problems PWD identified as barriers they encountered with accessible parking.
- Contact information for the Texas Governor’s Committee on People with Disabilities