H. B. 2463
(By Delegates Anderson, Boggs and Ellem)
[Introduced January 24, 2007; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-13-6 of the Code of West Virginia,
1931, as amended, relating to allowing parking fees to be
charged for accessible (handicapped) parking spaces under
certain circumstances; permitting time limits for accessible
parking spaces within business districts; imposing new
penalties for noncompliance; and requiring the Commissioner of
the Division of Motor Vehicles to provide certain
informational documents to accessible parking recipients and
the general public.
Be it enacted by the Legislature of West Virginia:
That §17C-13-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-6. Stopping, standing or parking privileges for persons with a mobility impairment; definitions;
qualification; special registration plates and
removable windshield placards; expiration;
application; violation; penalties.
(a) (1) The following persons may apply for special
registration plates or removable windshield placards:
(A) A person with a mobility impairment;
(B) A relative of a person with a mobility impairment;
(C) A person who regularly resides with a person with a
mobility impairment;
(D) A person who regularly transports a person who has a
mobility impairment; or
(E) A West Virginia organization which transports persons with
disabilities and facilitates the mobility of its customers,
patients, students or persons otherwise placed under its
responsibility.
(2) The commissioner may not issue a total of more than two
special registration plates or removable windshield placards to any
person with a mobility impairment and any applicant applying on
behalf of that person under paragraphs (B), (C) and (D),
subdivision (1) of this subsection. Special registration plates or
placards may only be issued for placement on a Class A or Class G
motor vehicle registered under the provisions of article three, chapter seventeen-a of this code.
(3) The applicant shall specify whether he or she is applying
for a special registration plate, a removable windshield placard or
both on the application form prescribed and furnished by the
commissioner.
(4) The applicant shall submit, with the application, a
certificate issued by a licensed physician stating that the
applicant has a mobility impairment or that the applicant is a
relative of, regularly resides with, or regularly transports a
person with a mobility impairment as defined in this section. The
physician shall specify in the certificate whether the disability
is temporary or permanent. A disability which is temporary shall
not exceed six months. A disability which is permanent is one
which is one to five years or more in expected duration.
(5) Upon receipt of the completed application, the physician's
certificate and the regular registration fee for the applicant's
vehicle class, if the commissioner finds that the applicant
qualifies for the special registration plate or a removable
windshield placard as provided in this section, he or she shall
issue to the applicant a special registration plate (upon
remittance of the regular registration fee) or a removable
windshield placard (red for temporary and blue for permanent), or
both. Upon request, the commissioner shall also issue to any
otherwise qualified applicant one additional placard having the same expiration date as the applicant's original placard. The
placard shall be displayed by hanging it from the interior rearview
mirror of the motor vehicle so that it is conspicuously visible
from outside the vehicle when parked in a designated accessible
parking space. The placard may be removed from the rearview mirror
whenever the vehicle is being operated to ensure clear vision and
safe driving. Only in the event that there is no suitable rearview
mirror in the vehicle may the placard be displayed on the dashboard
of the vehicle.
(b) As used in this section, the following terms have the
meanings ascribed to them in this subsection:
(1) A person or applicant with a "mobility impairment" means
a person who is a citizen of West Virginia and as determined by a
physician, allopath or osteopath licensed to practice in West
Virginia:
(A) Cannot walk two hundred feet without stopping to rest;
(B) Cannot walk without the use of or assistance from a brace,
cane, crutch, prosthetic device, wheelchair, other assistive device
or another person;
(C) Is restricted by lung disease to such an extent that the
person's force (respiratory) expiratory volume for one second, when
measured by spirometry, is less than one liter or the arterial
oxygen tension is less than sixty mm/hg on room air at rest;
(D) Uses portable oxygen;
(E) Has a cardiac condition to such an extent that the
person's functional limitations are classified in severity as Class
III or Class IV according to standards established by the American
Heart Association; or
(F) Is severely limited in his or her ability to walk because
of an arthritic, neurological or other orthopedic condition;
(2) "Special registration plate" means a registration plate
that displays the international symbol of access in a color that
contrasts with the background, in letters and numbers the same size
as those on the plate, and which may be used in lieu of a regular
registration plate;
(3) "Removable windshield placard" (permanent or temporary)
means a two-sided, hanger-style placard measuring three inches by
nine and one-half inches, with all of the following on each side:
(A) The international symbol of access, measuring at least
three inches in height, centered on the placard, in white on a blue
background for permanent designations and in white on a red
background for temporary designations;
(B) An identification number measuring one inch in height;
(C) An expiration date in numbers measuring one inch in
height; and
(D) The seal or other identifying symbol of the issuing
authority;
(4) "Regular registration fee" means the standard registration fee for a vehicle of the same class as the applicant's vehicle;
(5) "Public entity" means state or local government or any
department, agency, special purpose district or other
instrumentality of a state or local government;
(6) "Public facility" means all or any part of any buildings,
structures, sites, complexes, roads, parking lots or other real or
personal property, including the site where the facility is
located;
(7) "Place or places of public accommodation" means a facility
or facilities operated by a private entity whose operations affect
commerce and fall within at least one of the following categories:
(A) Inns, hotels, motels and other places of lodging;
(B) Restaurants, bars or other establishments serving food or
drink;
(C) Motion picture houses, theaters, concert halls, stadiums
or other places of exhibition or entertainment;
(D) Auditoriums, convention centers, lecture halls or other
places of public gatherings;
(E) Bakeries, grocery stores, clothing stores, hardware
stores, shopping centers or other sales or rental establishments;
(F) Laundromats, dry cleaners, banks, barber and beauty shops,
travel agencies, shoe repair shops, funeral parlors, gas or service
stations, offices of accountants and attorneys, pharmacies,
insurance offices, offices of professional health care providers, hospitals or other service establishments;
(G) Terminals, depots or other stations used for public
transportation;
(H) Museums, libraries, galleries or other places of public
display or collection;
(I) Parks, zoos, amusement parks or other places of
recreation;
(J) Public or private nursery, elementary, secondary,
undergraduate or post-graduate schools or other places of learning
and day care centers, senior citizen centers, homeless shelters,
food banks, adoption agencies or other social services
establishments; and
(K) Gymnasiums, health spas, bowling alleys, golf courses or
other places of exercise or recreation;
(8) "Commercial facility" means a facility whose operations
affect commerce and which are intended for nonresidential use by a
private entity;
(9) "Accessible parking" formerly known as "handicapped
parking" is the present phrase consistent with language within the
Americans with Disabilities Act (ADA).
Any person who falsely or fraudulently obtains or seeks to
obtain the special plate or the removable windshield placard
provided
for in this section and any person who falsely certifies
that a person is mobility impaired in order that an applicant may be issued the special registration plate or windshield placard
under this section is guilty of a misdemeanor and, upon conviction
thereof, in addition to any other penalty he or she may otherwise
incur, shall be fined five hundred dollars. Any person who
fabricates, uses or sells unofficially issued windshield placards
to any person or organization is committing a fraudulent act and is
guilty of a misdemeanor and, upon conviction thereof, in addition
to any other penalty he or she may otherwise incur, shall be fined
five hundred dollars per placard fabricated, used or sold. Any
person who fabricates, uses or sells unofficially issued
identification cards to any person or organization is committing a
fraudulent act and is guilty of a misdemeanor and, upon conviction
thereof, in addition to any other penalty he or she may otherwise
incur, shall be fined seven hundred dollars per identification card
fabricated, used or sold. Any person who fabricates, uses or sells
unofficially issued labels imprinted with a future expiration date
to any person or organization is committing a fraudulent act and is
guilty of a misdemeanor and, upon conviction thereof, in addition
to any other penalty he or she may otherwise incur, shall be fined
seven hundred dollars. Any person covered by this section who
sells or gives away their officially issued windshield placard to
any person or organization not qualified to apply or receive the
placard and then reapplies for a new placard on the basis it was
stolen is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in addition to any other
penalty he, she or they may otherwise incur, shall lose their right
to receive or use a special placard or special license plate for a
period of not less than five years.
(c) The commissioner shall set the expiration date for special
registration plates and permanent removable windshield placards on
the last day of a given month and year, to be valid for a minimum
of one year but not more than five years, after which time a new
application must be submitted to the commissioner. After the
commissioner receives the new application, signed by a certified
physician, the commissioner shall issue: (i) A new special
registration plate or new permanent removable windshield placard;
or (ii) official labels imprinted with the new expiration date and
designed so as to be placed over the old dates on the original
registration plate or windshield placard.
(d) The commissioner shall set the expiration date of
temporary removable windshield placards to be valid for a period of
approximately six months after the application was received and
approved by the commissioner.
(e) The commissioner shall issue to each applicant who is
granted a special registration plate or windshield placard an
identification card bearing the applicant's name, assigned
identification number and expiration date. The applicant shall
thereafter carry this identification card on his or her person whenever parking in an accessible parking space. The
identification card shall be identical in design for both
registration plates and removable windshield placards.
(f) An accessible parking space should comply with the
provisions of the Americans with Disabilities Act accessibility
guidelines, contained in 28 C.F.R. 36, Appendix A, Section 4.6
or
shall meet the following minimum requirements. Any business, place
of public accommodation or public entity shall locate accessible
parking spaces in the closest accessible route of travel to an
accessible facility entrance that has the following:
(1) (A) The number of accessible parking spaces per Table 1.
Table 1
Total Number ofTotal MinimumVan SpacesAccessible Parking
Spaces Provided# of Accessiblewith minimumSpaces with min.
(per Facility)Parking Spaces96" wide access60" wide access
aisle aisle
1 to 25 1 1 1
26 to 50 2 1 2
51 to 75 3 1 3
76 to 100 4 1 4
101 to 150 5 1 5
151 to 200 6 1 6
201 to 300 7 2 7
301 to 400 8 2 8
401 to 500 9 3 9
501 to 1000 2% of total 1 to 6 5 to 6
Parking
1001 and over 20, plus 1 1 to 6 5 to 6
for each 100,
Or fraction
thereof, over
1000
The number of van accessible parking spaces at each parking
facility shall be in the ratio of one to six, or a fraction thereof,
but at least one.
(B) Ten percent of patient and visitor parking shall be
accessible to serve hospital outpatient facilities.
(C) Twenty percent of patient and visitor parking spaces shall
be accessible to serve rehabilitation facilities and outpatient
physical therapy facilities.
(2) Parking space design and structure: In particular, the
parking space should shall be a minimum of eight feet wide with an
adjacent eight-foot access aisle for vans having side mounted
hydraulic platform lifts or ramps or a five-foot access aisle for
standard vehicles. Access aisles should shall be marked using
diagonal two- to four-inch-wide stripes spaced every twelve or
twenty-four inches apart and stenciled with the words "No Parking"
six to ten inches in height in a contrasting color and with the
diagonal stripes of the eight-foot van accessible access aisle or
other appropriate markings denoting that the space is a no-parking
zone. Two parking spaces shall be permitted to share a common access aisle. In angled parking situations, the access aisle for
a van parking space shall be on the right side or passenger side of
the accessible parking space. All accessible parking spaces should
shall have a signpost in front or in back of or adjacent to the
accessible parking space displaying the international symbol of
access sign mounted at a minimum of eight five feet above the
pavement or sidewalk and the top bottom of the international symbol
of access sign. The international symbol of access sign may also
appear on the ground or pavement, but use of both methods are
preferred. Accessible parking spaces for vans having an eight-foot
adjacent access aisle shall also have a sign with the words, "Van
Accessible." Lines or markings on the pavement or curbs for parking
spaces and access aisles may be in any color, although blue is the
generally accepted color for accessible parking. Restriping of
accessible parking spaces and associated aisles is required a
minimum of once every seven years or when the striping has flaked
off or worn away by at least thirty percent, whichever occurs first.
The accessible parking spaces and access aisles shall be as level
as technically possible and not to exceed a slope greater than one
in forty-eight inches when new construction is involved. All signs
that designate areas as "accessible parking" or that display the
international symbol of access shall also contain the words, "Up to
a $500 fine," and the public entity or place of public accommodation
responsible for that parking space is subject to a fine of one hundred dollars for each parking space per week until it is
installed.
(3) Religious and private clubs are exempted from this
subsection: Provided, That the facility is not open or used by the
general public. Where the total of four or fewer parking spaces,
including accessible parking spaces, are provided on a site,
identification of accessible parking spaces shall not be required.
Any mobility impaired individual with an identification card
issued by the Division of Motor Vehicles or its representative or
any organization that serves individuals with mobility impairments
may file a formal written complaint to a public entity, an employer
or owner of a business or a tenant of a business, including
contractors or architects involved with revamping or constructing
a new facility who is in violation of this subsection with copies
to the State Fire Commission or its designee and the local building
code official, identifying the noncompliance items. No fines will
be imposed: Provided, That the items identified are corrected
within three months of the complaint being received by the
commission or its designee. This grace period of three months shall
expire after one year.
(g) A vehicle from any other state, United States territory or
foreign country displaying an officially issued special registration
plate, placard or decal bearing the international symbol of access
shall be recognized and accepted as meeting the requirements of this section, regardless of where the plate, placard or decal is mounted
or displayed on the vehicle.
(h) Free stopping, standing or parking places marked with the
international symbol of access shall be designated in close
proximity to all public entities, including state, county and
municipal buildings and facilities, places of public accommodation
and commercial facilities, except that parking fees may be charged
for accessible (handicapped) parking spaces in the following
circumstances: At enclosed parking garages and open parking lots
which normally charge a daily or hourly rate. These Accessible
parking places shall be reserved solely for persons with a mobility
impairment at all times.
(i) Where parking meters or time limit restrictions are used
within a contiguous business district to control vehicle turnover,
public entities may initiate time limit restrictions at accessible
parking spaces, in increments of half-hour periods, with the minimum
time being a half- hour and the maximum being three hours. The use
of metered parking by any public entity at accessible parking spaces
is a violation of this subsection and shall be subject to a fine of
one hundred dollars per parking space, per week until removed. In
residential areas or other areas which do not have time limits or
parking meters, any person whose vehicle properly displays a valid,
unexpired special registration plate or removable windshield placard
may park the vehicle for unlimited periods of time in parking zones unrestricted as to length of parking time permitted: Provided, That
this privilege does not mean that the vehicle may park in any zone
where stopping, standing or parking is prohibited or which creates
parking zones for special types of vehicles or which prohibits
parking during heavy traffic periods during specified rush hours or
where parking would clearly present a traffic hazard: Provided,
however, That this privilege does not exempt the person or vehicle
from any parking fees that may be assessed pursuant to subsection
(h) of this section. To the extent any provision of any ordinance
of any political subdivision of this state is contrary to the
provisions of this section, the provisions of this section take
precedence and apply.
The parking privileges provided for in this subsection apply
only during those times when the vehicle is being used for the
loading or unloading of a person with a mobility impairment. Any
person who knowingly exercises, or attempts to exercise, these
privileges at a time when the vehicle is not being used for the
loading or unloading of a person with a mobility impairment is
guilty of a misdemeanor and, upon first conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall
be fined one hundred dollars; upon second conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall
be fined three hundred dollars; and upon third and subsequent
convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars.
(j) Any person whose vehicle does not display a valid, special
registration plate or removable windshield placard may not stop,
stand or park a motor vehicle in an area designated, zoned or marked
for accessible parking as described in subsection (f) of this
section. with signs or instructions displaying the international
symbol of access, either by itself or with explanatory text. The
signs may be mounted on a post or a wall in front of the accessible
parking space and instructions may appear on the ground or pavement,
but use of both methods is preferred Accessible parking spaces for
vans having an eight-foot adjacent access aisle should be designated
as "van accessible" but may be used by any vehicle displaying a
valid special registration plate or removable windshield placard.
These spaces are intended solely for persons with a mobility
impairment, as defined in this section: Provided, That any person
in the act of transporting a person with a mobility impairment as
defined in this section, may stop, stand or park a motor vehicle not
displaying a special registration plate or removable windshield
placard in the area designated for accessible parking by the
international symbol of access for the limited purposes of loading
or unloading a passenger with a mobility impairment: Provided,
however, That the vehicle shall be promptly moved after the
completion of this limited purpose.
Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined
one hundred dollars; upon second conviction thereof, in addition to
any other penalty he or she may otherwise incur, shall be fined
three hundred dollars; and upon third and subsequent convictions
thereof, in addition to any other penalty he or she may otherwise
incur, shall be fined five hundred dollars.
(k) All signs that designate areas as "accessible parking" or
that display the international symbol of access shall also include
the words "Up to $500 fine."
(l) (k) No person may stop, stand or park a motor vehicle in
an area designated or marked off as an access aisle adjacent to a
van-accessible parking space or regular accessible parking space.
Any person, including a driver of a vehicle displaying a valid
removable windshield placard or special registration plate, who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined one hundred
dollars; upon second conviction thereof, in addition to any other
penalty he or she may otherwise incur, shall be fined three hundred
dollars; and upon third and subsequent convictions thereof, in
addition to any other penalty he or she may otherwise incur, shall
be fined five hundred dollars.
(m) (l) Parking enforcement personnel who otherwise enforce
parking violations may issue citations for violations of this
section and shall reference the number on the vehicle's license plate, since the driver normally will not be present.
(n) (m) Law-enforcement agencies may establish a program to use
trained volunteers to collect information necessary to issue
citations to persons who illegally park in designated accessible
parking spaces. Any law-enforcement agency choosing to establish
a program shall provide for workers' compensation and liability
coverage. The volunteers shall photograph the illegally parked
vehicle and complete a form, to be developed by supervising
law-enforcement agencies, that includes the vehicle's license plate
number, date, time and location of the illegally parked vehicle.
The photographs must show the vehicle in the accessible space and
a readable view of the license plate. Within the discretion of the
supervising law-enforcement agency, the volunteers may issue
citations or the volunteers may submit the photographs of the
illegally parked vehicle and the form to the supervising
law-enforcement agency, who may issue a citation, which includes the
photographs and the form, to the owner of the illegally parked
vehicle. Volunteers shall be trained on the requirements for
citations for vehicles parked in marked, zoned or designated
accessible parking areas by the supervising law-enforcement agency.
(o) (n) Local authorities who adopt the basic enforcement
provisions of this section and issue their own local ordinances
shall retain all fines and associated late fees. These revenues
shall be used first to fund the provisions of subsection (n) (m) of this section, if adopted by local authorities, or otherwise shall
go into the local authorities' general revenue fund. Otherwise, any
moneys collected as fines shall be collected for and remitted to the
state.
(o) The State Fire Commission shall promulgate rules in
accordance with article three, chapter twenty-nine-a of this code
to ensure enforcement of subsections (f) and (i) of this section,
and all money collected as penalties shall be remitted to the state.
(p) The commissioner shall prepare and issue a document to
applicants describing the privileges accorded a vehicle having a
special registration plate and removable windshield placard as well
as the penalties when the vehicle is being inappropriately used as
described in this section and shall include the document along with
the issued special registration plate or windshield placard:
Provided, That, prior to the first day of July, two thousand eight,
the commissioner shall provide the document to all individual
applicants who received a five-year placard or special registration
plate on or after the first day of May, two thousand seven; and,
thereafter, the commissioner shall provide the document to all new
recipients of a five-year placard or special registration plate at
the time of issuance of the placard or plate. In addition, the
commissioner shall issue, prior to the first day of September, two
thousand eight, a separate document informing the general public
regarding the new provisions and increased fines being imposed since two thousand two, either by way of newspaper announcements or other
appropriate means across the state. The commissioner shall update
the documents required by this subsection (p) in a timely manner
whenever substantive changes to this section are enacted.
(q) The commissioner shall adopt and promulgate rules in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to effectuate the provisions of this
section within ninety days after being enacted by the Legislature
in its regular session.
NOTE: The purpose of this bill is to allow parking fees to be
charged for accessible (handicapped) parking spaces under certain
circumstances and setting penalties for noncompliance in other
circumstances.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.