CHAPTER 398

AN ACT TO AMEND TITLE 21, CHAPTER 21 AND CHAPTER 41, DELAWARE CODE, BY PROVIDING FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO CERTAIN HANDICAPPED PERSONS AND FURTHER PROVIDING CERTAIN PARKING PRIVILEGES TO THE HOLDER OF SUCH PLATES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House thereof concurring therein):

Section 1. Chapter 21, Title 21, Delaware Code, is amended by adding thereto a new section 2134 to read as follows:

§ 2134. Special plates for handicapped persons; penalties

(a) On the application of any person who has lost the use of a leg or both legs, or arm or both arms, or any combination thereof, the Department shall issue such handicapped person special registration plates designating the vehicle so licensed as belonging to a handicapped person. The registration plates so issued shall, reading from left to right, bear a handicapped insignia approved by the Department and shall be followed by such numbers or letters as the Department finds expedient. The Department shall not charge any fee, other than the regular fee for annual registration, for the issuance of such registration plates.

(b) Any person who is not a handicapped person, as prescribed in this section and who wilfully and falsely represents himself as having the qualification to obtain such vehicle registration plates in an attempt to procure the special plates prescribed by this section, shall, upon conviction be sentenced to pay a fine of fifty dollars ($50.00) and costs of prosecution and in default of the payment thereof, shall undergo imprisonment for not more than ten (10) days. Justices of the Peace shall have jurisdiction of offenses under this section.

Section 2. Chapter 41, Title 21, Delaware Code, is amended by adding a new section 4180 to read as follows:

§ 4180. Parking by handicapped persons having license plates issued pursuant to § 2134.

When a handicapped person operates a vehicle for which he has obtained a license plate issued pursuant to § 2134 or which vehicle shall be operated for the benefit of such handicapped person then the person operating such vehicle shall be relieved of any liabilities with respect to parking for a period of ninety minutes in excess of the legal parking period permitted by local authorities except (1) where local ordinances or police regulations prohibit parking on any highway for the purpose of creating a fire lane, or (2) where said ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon or evening hours, or (3) where such vehicle is parked in such a manner as to clearly be a traffic hazard.

Approved June 17, 1966.