CHAPTER 345

FORMERLY

HOUSE BILL NO. 816

AN ACT TO AMEND CHAPTER 21, TITLE 21, DELAWARE CODE, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR HANDICAPPED PERSONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of the members elected to each Branch concurring):

Section 1. Amend Section 2134, Chapter 21, Title 21, by deleting said section in its entirety and substituting a new Section 2134 as follows:

"§2134. Special Plates for Handicapped Persons; Penalties

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for the assignment to that vehicle of a special, handicapped person registration number, if the applicant, a dependent of the applicant, or any individual who depends on the applicant for transportation:

(i) Has permanently lost the use of a leg or an arm; or

(i) Is so severely disabled as to be unable to move without a wheelchair or crutches; or

(i) So suffers from lung disease that his forced expiratory volume, one second, when measured by spirometry, is less than one liter.

(2) This section 'only applies to passenger cars, station wagons, pickup trucks and panel van trucks for which the

gross registered weight does not exceed 6,000 lbs.

(b) Handicapped persons' license plates may be issued under this section only if the applicant submits:

(1) Proof satisfactory to the Department that the applicant, the dependent of the applicant, or the individual who depends on the applicant for transportation, as the case may be, is handicapped in the manner described in subsection (a) of this section; and

(2) As to an applicant on whom a handicapped individual 'depends for transportation, a certification of the handicapped individual that the handicapped individual depends on the applicant for transportation.

(c) No fee in addition to the annual registration fee otherwise required by this title is required for the handicapped person license plates issued pursuant to this section.

(d) The registration plates issued pursuant to this section shall bear the word 'HANDICAPPED' in addition to the number assigned to each plate.

(e) Any person who is not a handicapped person, as prescribed in subsection (a) of this section, and who willfull, 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 fined $50 and costs of prosecution and, in default of the payment thereof shall be imprisoned for not more than 10 days. Justices of the Peace shall have jurisdiction of offenses under this section."

Approved June 23, 1978.