CHAPTER 441

FORMERLY

SENATE BILL NO. 450

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 21 AND 41 OF TITLE 21 DELAWARE CODE, RELATING TO SPECIAL LICENSE PLATES, PARKING ID CARDS, AND PARKING FOR THE HANDICAPPED.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 2134, Chapter 21, Title 21 of the Delaware Code by striking said section in its entirety and inserting a new Section 2134 to read as follows:

"§2134. Handicapped persons; special registration plates; parking ID cards; parking; penalties.

(a) (1) The owner of any vehicle described in subsection (b ) of this section may apply to the Department for the assigning to that vehicle a special, handicapped person's registration plate if the applicant;

(a) has permanently lost the use of a leg or both legs; or

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

(c) so suffers from lung disease that his forced expiratory volume, one second, when measured by spirometry, is less than one liter; or

(d) has a phsycial disability, as certified by a licensed physician and determined by the Division, which is permanent, which substantially impairs the person's mobility, and which is so severe that the person would endure a hardship or be subject to a risk of injury if the privilege accorded the person for whom a vehicle is specially registered under this section were denied; or

(e) has a physical disability, as certified by a licensed physician and determined by the Division, which is not permanent, but which substantially impairs the person's mobility for no less than 5 (five) weeks, and which is so severe that the person would endure a hardship or be subject to a risk of injury if the privilege accorded a person for whom a vehicle is specially registered under this section were denied; or

(f) is completely blind in both eyes.

(b) This section applies only to passenger cars, station wagons, pickup trucks, and panel van trucks for which the gross registered weight does not exceed 8,000 lbs.

(c) Handicapped license plates may be issued under this section only if the applicant submits proof satisfactory to the Department that said applicant is handicapped in the manner described in subsection (a) of this section.

(d) No fee in addition to the annual registration fee and other fees otherwise required by this title is required for the special handicapped person's license plate issued pursuant to this section.

(e) The special registration plates issued pursuant to this section shall display the internationally recognized symbol for the handicapped in addition to the number assigned to each plate.

(f) (1) The person for whom special plates are Issued under this section, or under a similar provision of any other State, may park for unlimited periods In restricted parking places for the handicapped and in parking zones restricted as to the length of parking time permitted. Said person is not required to pay any parking meter fees of this State or any political subdivision thereof.

(2) The persons named in subsection (f) (1) shall not park:

(a) In zones where stopping, standing, or parking is prohibited to all vehicles; or

(b) in zones which are reserved for special types of vehicles; or

(a) where there is a local ordinance that prohibits parking during heavy traffic periods in morning, afternoon, or evening rush hours, or where parking clearly would present a traffic hazard.

(g) Any person who is not a handicapped person, as prescribed in subsection (a) of this section, and who willfully and falsely represents himself as having the qualification to obtain such handicapped vehicle registration plate in an attmept to procure such plate 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.

(h) The Department may adopt rules and regulations necessary for the implementation of this section."

Section 2. Amend Chapter 21, Title 21, Delaware Code, by redesignating §2135 as §2138 and inserting a new §2135 to read as follows:

"§2135. Disabled person's parking permit.

(a) A person who has a disability described in §2134 (a) of this Chapter who does not own a vehicle and/or who depends on someone else for transportation may apply to the Department for a disabled person's parking permit on a form provided by the Department. A vehicle owner who Is eligible for a special license plate pursuant to §2134 may apply for a parking permit under this Section, in lieu of the special plate.

(b) A disabled person's parking permit may be issued under this section if the applicant submits proof satisfactory to the Director that the applicant is a disabled person as described in §2134 (a) (1) of this Chapter.

(c) The Director may charge a fee of $2.00 (two dollars) for the issuance of the permit and a fee of $2.00 (two dollars) for the issuance of a duplicate or renewal permit.

(d) (1) A permit issued under this section expires two years from the date of issue for a disability stated in subsection (a) (1) of §2134, with the exception of (a) (1) (e).

(2) A permit issued under this section for a disability stated in subparagraph (a) (1) (e) of §2134 expires at the discretion of the Director but may not exceed 90 days from the date of issue. The permit may be renewed upon application and payment of the prescribed fee.

(3) A permit issued under this section shall have its expiration date indicated on its face in large letters or numbers.

(e) A disabled person's parking permit shall be issued in the form of a windshield placard of a size and design determined by the Director and shall be of a size large enough to be clearly seen from the outside of a motor vehicle. The placard shall contain the following informations the permit number, the name of the issuing authority, the designation, "Disabled Person's Parking Permit", the international wheelchair symbol, the date of expiration, and any other pertinent information the Director requires.

(f) When displayed by the person to whom it is Issued, the placard shall be placed inside the vehicle in a position that it can be viewed from the outside through the lower right hand portion of the windshield. When displayed, this person Is accorded the privilege contained in §2134 (f) of this chapter.

(g) A permit issued under this section is for the exclusive and personal use of the person to whom it is issued, and it may not be used by any other person.

(h) Any person who is not a handicapped person, as defined in subsection (a) of 52134 of this chapter, and who willfully and falsely represents himself as having the qualifications to obtain such a disabled person's parking permit in an attempt to obtain such permit shall, upon conviction, be fined $50.00 (fifty dollars) and the cost of prosecution and, in default of payment thereof, shall be imprisoned for not more than 10 (ten) days. Justices of the Peace shall have jurisdiction over offenses under this section.

(i) The Department may adopt rules and regulations necessary for the implementation of this section."

"§4183. Designated handicapped parking areas; restrictions.

(a) It shall be unlawful to park any vehicle other than a vehicle of the handicapped in any area under the control of and designated by the Department of Transportation or local authorities within their respective jurisdictions or owners or lessees of private property as a handicapped parking zone and conspicuously marked as such.

(b) For the purpose of this section, the term "vehicle of the handicapped" shall mean a vehicle which is displaying a special handicapped registration plate on the rear of the vehicle issued pursuant to Section 2134 of this title or a vehicle displaying a special handicapped ID parking card in the windshield, such ID card issued pursuant to Section 2135 of this title, or a plate or permit issued under a similar provision in another jurisdiction.

(c) A Uniform Parking Summons may be attached to an unattended vehicle found in violation of this section by any person authorized to make arrests for violations of this section. It shall be permissible for an owner or operator to mail such summons and the appropriate fine directly to the court designated upon the summons instead of appearing before such court for trial of the charge, provided that such remittance of the summons and fine is mailed at least 2 days before the trial date designated upon the summons.

(d) Whoever violates this section shall be fined not less than $2 or more than $25."

Approved July 23, 1982.