Current Status Bill Number:111 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Land All Sponsors:Land, Martin and Giese Drafted Document Number:council\legis\bills\dka\3879cm. 97 Companion Bill Number:3489 Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Motor vehicle special license plates, placards; disabled persons, handicapped
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970114 Introduced, read first time, 15 ST
referred to Committee
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TO AMEND ARTICLE 17, CHAPTER 3, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR DISABLED PERSONS, SO AS TO FURTHER PROVIDE FOR THE PROVISION AND USE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS, TO PROVIDE SPECIFICATIONS FOR ACCESSIBLE PARKING SPACES FOR DISABLED PERSONS, TO PROVIDE PENALTIES FOR MISUSE OF SPECIAL LICENSE PLATES AND PLACARDS FOR DISABLED PERSONS AND FOR THE DISTRIBUTION OF FEES COLLECTED FOR VIOLATIONS OF THIS PROVISION; AND TO REPEAL ARTICLE 18, CHAPTER 3, TITLE 56, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 17, Chapter 3, Title 56 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 56-3-1900. As used in this article:
(1) 'Department' means the Department of Public Safety.
(2) 'Permanent mobility disabled person' means a person with total and permanent impairment of mobility whose impairment of mobility or condition has been certified by a licensed physician pursuant to Section 40-47-5, and who:
(a) cannot walk two hundred feet without stopping to rest;
(b) cannot walk without the use of or assistance of a brace, cane, crutch, walker, prosthetic device, another assistive device, or without the assistance of another person;
(c) permanently uses a wheelchair;
(d) is restricted by lung disease and whose forced expiration volume of one second measured by a spirometry is less than one litre, or whose arterial oxygen tension is less than 60mm/hg on room air, at room temperature, at rest;
(e) uses portable oxygen;
(f) has a cardiac condition and whose functional limitations are classified as Class III or IV as defined by the American Heart Association;
(g) is severely limited in his ability to walk due to an arthritic, neurological, or orthopedic condition; or
(h) is totally blind or whose vision with glasses prevents the performance of ordinary duties for which eyesight is essential as certified by a licensed ophthalmologist, optometrist, or the South Carolina Commission for the Blind.
(3) 'Temporary mobility disabled person' means a person with a temporary impairment of mobility. This impairment may last no more than one year and has been certified by a licensed physician. This certification must show that the person:
(a) cannot walk without the use of, or assistance of a brace, cane, crutch, walker, prosthetic device, or other assistive device, or without the assistance of another individual;
(b) temporarily uses a wheelchair; or
(c) is temporarily limited in his ability to walk due to an arthritic, neurological, or orthopedic condition.
(4) 'Certificate of disability' means a document issued by the department that includes, but is not limited to, including the applicant's:
(a) name and address;
(b) disability and its duration;
(c) certifying physician's name, address, and telephone number;
(d) eligibility criteria for a certificate;
(e) signature and his physician's signature, or the applicant's parent's or guardian's signature and his physician's signature;
(f) driver's license number or department identification card number;
(5) 'International Symbol of Access' means the symbol adopted by Rehabilitation International in 1969 at it's Eleventh World Congress on Rehabilitation of the Disabled.
(6) 'Distinctive license plate' means a license plate using the same color, size of plate, and size of letters or numbers as a regular license plate which also must display the following:
(a) the International Symbol of Access to be used by persons with disabilities; and
(b) the letters 'D.V.' to be used by a disabled veteran.
(7) 'Parking exemption identification placard' means a two-sided hooked placard that is constructed of plastic that does not deteriorate after prolonged exposure to solar and ultraviolent radiation and is intended to be suspended from the vehicle's inside rear vision mirror, that contains at least:
(a) the International Symbol of Access;
(b) the driver's license number or department identification card number of the holder of the placard;
(c) an expiration date; and
(d) the seal or other identification of the issuing authority.
(8) 'Wheelchair vehicle' means a vehicle, whose primary function is the transportation of individuals who are physically disabled and use wheelchairs. The vehicle must be visibly equipped with a kneeling or lifting device to facilitate vehicular entry of persons in wheelchairs using these vehicles and decals identifying the vehicle as a wheelchair vehicle placed upon the vehicle windows by firms installing kneeling devices.
Section 56-3-1910. Upon payment of the regular motor vehicle license fee, the department may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. Each application for the license must be accompanied by the certificate of a licensed physician as defined in Section 40-47-5 as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment.
The special license tag authorized by this section may also be issued for a vehicle of special design and equipment designed to transport a disabled person who meets the requirements of this section if the vehicle is owned and titled in the name of the disabled person or in the name of a member of his immediate family or for a vehicle used by an agency, organization, or facility that is designed to transport a handicapped or disabled person if the vehicle is titled in the name of the agency, organization, or facility. Proof that the agency, organization, or facility transports a handicapped or disabled person must be in a manner prescribed by the department. A certificate from a licensed physician is not required to apply for the special license tag.
(A) Upon receipt of an application and payment of the regular applicable motor vehicle license fee the department may issue a distinctive license plate if:
(1) the applicant is the registered owner, co-owner, or lessee of the motor vehicle;
(2) the applicant has presented a certificate of disability;
(3) the applicant is a veteran and has offered documentation of a service connected disability of fifty percent or greater from a Veterans Administration facility board substantiating the level of service connected disability;
(4) the agency, organization, or facility making application is actively engaged in the business of the transportation of persons with disabilities and has submitted proof of this activity; and
(5) the person making application has a valid South Carolina driver's license.
(B) The department, upon receipt of an application, a certificate of disability, and a fee, shall issue a parking exemption identification placard. The parking exemption identification placard expires four years from the date of issuance and may be renewed every four years. The applicant must be a:
(1) permanent mobility disabled person or a member of the person with a permanent disability's immediate family and is the registered owner, co-owner, or lessee of the motor vehicle it is to be displayed upon; or
(2) veteran who provides documentation of a service connected disability of at least fifty percent from the Veterans Administration;
(3) company or corporation actively engaged in the business of transporting disabled persons.
(C) The department, upon receipt of an application, a certificate of disability, and a fee, shall issue a temporary parking exemption identification placard that expires one year from its issuance date. The temporary parking exemption identification placard is renewable for an additional year upon submission of an application, certificate of disability, and receipt of fee. An applicant must be a person with a temporary mobility disabled person or a member of a temporary mobility disabled person's family and is the registered owner, co-owner, or lessee of the motor vehicle it is displayed upon.
(D) The department, upon receipt of a renewal application and receipt of fees, shall issue decals similar to those used for license plates renewal indicating the new expiration date for the permanent and temporary parking exemption identification placards.
(E) The fees for the parking exemption identification placards are:
(1) Permanent parking exemption identification placards:
(a) Initial fee thirty dollars.
(b) Renewal fee twenty-four dollars.
(2) Temporary parking exemption identification placards:
(a) Initial fee twelve dollars.
(b) Renewal fee twelve dollars.
(F) The disposition of all fees collected in the issuance of parking exemption placards are:
(1) one-third for the administration of this program; and
(2) two-thirds must be deposited into a special state fund to be used for the improvement of access to state facilities and for the improvement of opportunities in education and employment for persons with disabilities.
(G) The department shall emboss the permanent and temporary parking exemption identification placards issued with an applicant's South Carolina driver's license number or department identification card number in a permanent fashion.
(H) Distinctive license plates and temporary and permanent parking exemption identification placards must include a warning cautioning applicants that they must be present in the vehicle when the vehicle is parked in an accessible parking space specifically designed for use by persons with disabilities. This warning also shall state that law enforcement officers are encouraged to request verification of the licenses of individuals driving vehicles parked in accessible parking spaces designed for use by persons with disabilities against the driver's license number or department identification card number embossed on the temporary or permanent parking exemption identification placard and state that for misuse of a placard the placard must be returned to the department within thirty days of conviction of a violation.
(I) A temporary parking exemption identification placard also must include a warning stating that if the condition of the person with a temporary disability significantly improves or through the use of an assistive device the person's ability to walk without severe limitations is significantly restored, the person is no longer eligible to use the temporary parking exemption identification placard or any of its privileges and the parking exemption identification placard must be returned to the department within thirty days.
(J) A department renewal request for a distinctive license plate must include a recertification form. This form shall state that the condition of disability has not changed. This form must be completed and signed by the person having the disability.
(K) A department renewal request for a permanent parking exemption identification placard must include a request for a new Certificate of Disability completed by a physician and be submitted to the department with the renewal fee.
(L) A department renewal request for a temporary parking exemption identification placard must include a request for a new Certificate of Disability completed by a physician and must be submitted to the department with the renewal fee.
Section 56-3-1920. (A) A parking exemption identification placard issued pursuant to Section 56-3-1910 must be displayed in the following manner whenever the vehicle is parked in an accessible parking space and the issuee of the parking exemption identification placard is the driver of, or is being transported and is present in the vehicle:
(1) suspended from the vehicle's rear vision mirror in a manner visible from both the front and rear of the vehicle; or
(2) in the event that the vehicle has no rear vision mirror, the parking exemption identification placard must be placed on the driver's side of the vehicle's dashboard directly over the vehicle's steering wheel.
(B) Each state agency or political subdivision having jurisdiction over street parking or publicly owned and operated parking facilities and each commercial real estate property owner offering public parking shall provide the following minimum number of designed and marked motor vehicle parking spaces for the exclusive use of persons who have severe physical disabilities or have permanent or temporary mobility problems which substantially impair their ability to ambulate or those individuals or agencies engaged in the transportation of persons with disabilities and who either have been issued distinctive license plates or parking exemption identification placards;
(1) a public or commercial facility having valet parking shall maintain at least one accessible parking space for persons with disabilities having hand or foot controls which renders the vehicle undriveable by a normal individual;
(2) one accessible parking space in the immediate vicinity of a building which houses a governmental entity or political subdivision including, but not limited to, state, county, or municipal office buildings or courthouses, if no parking for the public is provided on the premises of the building;
(3) one accessible space for each twenty-five on street parking spaces on each block.
(C) Public parking facilities intended for public use and not subject to subsection (A) must have the following number of accessible parking spaces for persons who have disabilities.
Total Parking Required Number of
Lot Capacity Accessible Spaces
up to 25 . . . . . . . .1
26 to 50. . . . . . .2
51 to 75. . . . . . .3
76 to 100 . . . . . .4
101 to 150. . . . . .5
151 to 200. . . . . .6
200 to 300. . . . . .7
301 to 400. . . . 8
401 to 500 . . . . . . .9
501 to 1000 . . . .two percent of total
parking lot capacity
More than 1000 20 plus one for each
100 over 1000
(D) One in every eight accessible spaces must be designated for wheelchair vehicle only usage. However, the number of parking spaces designated for wheelchair vehicle usage may be increased or decreased pursuant to Section 56-3-1990.
(E) A minimum of four accessible parking spaces for persons who have disabilities must be provided at a physical restoration rehabilitation center or a hospital.
(F) Accessible spaces must:
(1) have an accessible curb ramp or curb cutout, when necessary, to allow access to the building served, and must be located on an accessible route not less than thirty-six inches wide so users are not compelled to travel behind parked vehicles or be confronted or endangered by parking lot traffic;
(2) be located on the shortest safely accessible route from the parking space to an accessible entrance. Where there are multiple entrances or multiple retail stores, the accessible parking spaces must be dispersed to provide parking at the nearest accessible entrance. Where a theme park or entertainment complex provides parking in several lots or areas from which access to the theme park or entertainment complex is provided, a single lot or area may be designated for parking by persons who have disabilities. The lot or area must be located on the shortest safely accessible route to an accessible entrance to the theme park or entertainment complex or to transportation to an accessible entrance;
(3) not be less than eight feet wide, with an accessible parking access aisle that must be not less than six feet wide that must be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. The access aisle must be stripped in a manner to designate it a 'NO PARKING ZONE'.
(4) be identified clearly as a disabled parking space. If the accessible parking space is on public property, the parking space must be maintained by the political subdivision having jurisdiction over the public property, street or highway where the accessible parking space is located. If the accessible parking space is on private property, the parking spaces must be maintained by the owner of the property;
(5) be outlined prominently with blue paint, and must be repainted when necessary by the designated maintainer of the parking space;
(6) be posted prominently with a permanent above grade sign, of a color and design approved by the department bearing the International Symbol of Accessibility;
(7) be posted prominently with a permanent above grade sign, of a color and design approved by the department, bearing the most stringent penalty permitted under law that can be assessed by a state, county, or municipal code for improper usage of the parking space. If there is only one accessible parking space designated for use by persons with disabilities, the parking space must be marked additionally with signage indicating the parking space is 'ACCESSIBLE'.
(G) Parallel and diagonal accessible on-street parking may be located either at the beginning or end of a block, as determined by the flow of traffic, or located adjacent to alley entrances. Curbs adjacent to these spaces must be of a height that will not interfere with the opening and closing of motor vehicle doors or the extension and retraction of lift devices. Parallel and diagonal accessible on street parking must have access to the sidewalk, through either a curb cut or a curb ramp that cannot be blocked.
(H) Accessible parking spaces for persons having disabilities must be as level as possible. Surface slopes must not exceed 1:50 in any direction. However, all accessible parking spaces must be located in the most level portion of the parking facility.
(I) Curb ramps and curb cutouts must be located outside of the accessible parking spaces, preferably in the access aisle, where curb ramps or curb cutouts cannot be blocked.
(J) A parking facility removing architectural barriers in accordance with federal law must comply with this section unless doing so would render the barrier removal not readily achievable. If compliance renders barrier removal not readily achievable, a facility may provide alternative accessible parking spaces for persons with disabilities and provide appropriate signage directing persons who have disabilities to the alternative parking spaces. The facility may not reduce the required number or dimension of those accessible parking spaces for persons with disabilities, nor may it unreasonably increase the length of the accessible routes from the accessible parking spaces to the facility. The removal of the architectural barrier may not create a significant risk to the health or safety of anyone.
(K) If a public or commercial parking facility has barriers that are not economically feasible to remove, the management of the facility shall provide alternate parking for persons having disabilities. This alternate parking must not unreasonably increase the distance of the accessible routes from the alternate accessible parking spaces to the facility.
(L) If there is more than one accessible parking space designated for use by persons with disabilities, one of every eight designated accessible parking spaces must be marked by signage indicating the parking space is for 'WHEELCHAIR VEHICLE ONLY'.
(M) Each wheelchair vehicle accessible parking space must be not less than eight feet wide, with an accessible parking access aisle that must be not less the eight feet wide and must be a part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. The access aisle must be stripped in a manner to designate it as a 'NO PARKING ZONE'. Parking spaces designated for wheelchair vehicle usage must be located so that any person disabilities exiting from a motor vehicle parked in a wheelchair vehicle space will not be confronted or endangered by parking lot traffic and will have immediate access to the sidewalk.
(N) Accessible parking spaces designated for wheelchair vehicle usage must have the access aisle located on the right side of the parking spaces when facing into the parking space.
Section 56-3-1930. (A) A state agency, county, municipality, or any department of it may exact a fee for parking on public streets or highways, or in any metered or timed parking spaces from the driver of a vehicle which displays a distinguishing license plate or a permanent or temporary parking exemption identification placard if the vehicle is transporting the person who has a disability and to whom the distinctive license plate or permanent or temporary parking exemption identification placard was issued.
(B) A person who is chauffeuring a person who has a disability can, without need for an identification parking permit or distinctive license plate, stand temporarily in a parking space designated for a disabled person for the purpose of loading or unloading a person who has a disability for a period of no longer than fifteen minutes. A penalty may not be imposed upon the driver for temporary standing. The person having the disability must be visibly disabled.
(C) The driver of a vehicle displaying a distinctive license plate or a permanent or temporary parking exemption identification placard may not be penalized for parking, except in clearly defined bus loading zones, fire zones, areas posted as 'NO PARKING' zones, emergency vehicle zones, or in an access aisle adjacent to the parking spaces for persons who have disabilities.
(D) Notwithstanding the provisions contained in subsection (A), when a state, county, or municipal parking facility or lot is used in connection with an event at a convention center, cruise port terminal, sports stadium, sports arena, coliseum, or auditorium, the parking facility may charge a person whose vehicle displays either a distinguishing license plate or a temporary or permanent parking exemption identification placard, a parking fee in the same manner and amount that it charges other persons.
(E) Notwithstanding the provisions contained in subsection (A):
(1) a parking facility that leases a parking space for more than one week is not required to reduce the fee for a disabled lessee;
(2) a municipal airport that owns, operates, or leases parking facilities or another parking facility that is used for the purpose of air travel may charge vehicles displaying either distinctive license plates or permanent or temporary parking exemption identification placards for parking. However, the governing body of each publicly owned or operated airport may grant free parking to a vehicle equipped with specialized equipment, including ramps, lifts, or foot or hand controls for utilization by a disabled person;
(3) an employer who employs disabled persons who use vehicles which display either a distinctive license plates or a permanent or temporary parking exemption identification placards shall furnish them accessible parking or is responsible for petitioning of the applicable authority for an increase in the amount of accessible parking spaces for disabled persons to be located within a reasonable and prudent distance from the place of employment.
Section 56-3-1940. Motor vehicles displaying a special license plate or parking permit issued to a disabled person by another state or location subject to the laws of the United States are recognized as displaying either a valid distinctive license plate or a permanent or temporary parking exemption identification placard, allowing the vehicles the special parking privileges pursuant to this article provided that the other state or location grants reciprocal recognition for the disabled residence of South Carolina possessing a valid South Carolina distinctive license plate or parking exemption identification placard issued pursuant to this article.
Section 56-3-1950. (A) It is unlawful:
(1) for a person to alter or change in an effort to make a permanent or temporary parking exemption identification placard legal and usable. A person convicted of this offense shall lose all parking exemption privileges for a period of four years, regardless of his physical condition;
(2) for the driver or another person in a vehicle to refuse to show his permanent or temporary parking exemption identification placard and driver's license, or department identification card to a law enforcement officer, security officer, or trained volunteer parking specialist investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle must be issued a citation for a violation of this section;
(3) to park or leave standing a vehicle in a parking space designated as an accessible parking space when the vehicle does not display either a distinctive license plate or a permanent or temporary parking exemption identification placard issued pursuant to this article;
(4) for a person not qualifying for the rights and privileges extended to persons with disabilities pursuant to this article to exercise or attempt to exercise these rights and privileges by the unauthorized use of a distinctive license plate or a permanent or temporary parking exemption placard issued pursuant to this article;
(5) to park or leave standing a motor vehicle in an area posted as a 'NO PARKING' zone, emergency vehicle zone, fire zone, or access aisles adjacent to the parking spaces for disabled persons;
(6) to park or leave standing a motor vehicle, in a manner as to obstruct access or egress from a motor vehicle displaying a distinguishing license plate or a permanent or temporary parking exemption identification placard;
(7) to park or leave standing any motor vehicle, in such a manner as to obstruct a curb ramp, or curb cutout or access path to or from the ramp or curb cutout, specifically designed as a means of access for disabled persons;
(8) to park a motor vehicle, other than a wheelchair vehicle that displays either a distinguished license plate or a permanent or temporary parking exemption identification placard issued pursuant to this article, in an accessible parking space designated for 'WHEELCHAIR VEHICLE ONLY'.
(B) Whenever a law enforcement officer, security officer, or trained volunteer parking specialist finds a vehicle in violation of a provision contained in subsection (A) he may:
(1) impose a fine on the operator, owner or person in charge of the vehicle;
(2) require the operator or other person in charge of the offending vehicle to immediately move the unauthorized vehicle from the parking space;
(3) require the vehicle parking in violation to be removed to a lawful facility. Whenever a vehicle is removed pursuant to this subitem to a storage lot, garage, or other safe parking space, the cost of the removal and parking shall constitute a lien against the vehicle; or
(4) in the case of flagrant violations, may apply both subitems (1) and (3).
(C) When evidence is presented in a court of the fact that a motor vehicle was found parked in a properly designated parking space for disabled persons in violation of this section, it is prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed.
(D) a person issued a county or municipal parking ticket by a law enforcement officer, security, or parking specialist pursuant to this article is charged with a noncriminal violation and shall comply with the directions on the ticket. If payment or a written response is not received within the time allowed, the county or municipal court shall notify the registered owner of the vehicle that was cited, by mail to the address shown on the motor vehicle registration record, of the citations.
(E) The registered owner of a cited vehicle is responsible and liable for payment of a parking ticket, unless the owner of the cited vehicle can furnish evidence that the vehicle's use, at the time of the parking violation was under the care, custody, and control of another person. In this instance, the owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish the appropriate law enforcement authority an affidavit setting forth the name, address, and driver's license number of the person having care, custody, and control of the vehicle at the time of the violation.
(F) An affidavit submitted pursuant to this section is admissible in a proceeding charging a parking violation and raises the rebuttable presumption that the individual named in the affidavit is responsible for the payment of the parking citation. The owner of the vehicle is not responsible for the payment if the vehicle at the time of the parking violation was either stolen or under the care, custody, and control of someone who did not have the owner's permission to use the vehicle.
(G) A violation of this section may not be dismissed for the failure of the markings on the parking space to comply with the provisions of this article, if the space is in general compliance and clearly distinguishable as a designated parking space.
(H) A violation of this section may not be dismissed for a vehicle's failure to display the parking exemption identification placard when parked in a designated parking space. The court shall impose a civil penalty of one-half of the amount specified in subsection (I) upon presentation of a parking permit issued for a person, who has a disability, that was valid at the time of the violation and a sworn affidavit from the holder of the parking permit stating that the holder of the parking permit was either the driver or was being transported in the vehicle cited at the time the violation occurred.
(I) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than two hundred fifty dollars or imprisoned for not more than thirty days for each offense. For a second or subsequent violation of this section, the person convicted must serve forty hours of community service with a nonprofit organization serving the disabled community or serving persons who have disabling diseases or forty hours of any other community service that may sensitize the violator to the needs and obstacles faced daily by persons who have disabilities. The requirement for community service is not waived by a plea of nolo contendere. Funds collected as penalties under this section will be disposed of in the following manner:
(1) one-third to be used to defray expenses for the administration of this section; and
(2) two-thirds to be used to provide funds for the improvement of accessibility and to provide funds for the improvement of accessibility and to promote equal opportunity for those persons with disabilities residing within the county or municipality collecting the fines.
Section 56-3-1960. (A) A county or municipality may establish a program for volunteer parking specialists to enforce state laws and county and municipal ordinances that regulate parking for persons who have disabilities. The volunteers must be at least twenty-one years of age. The county, municipality, or its law enforcement agencies may establish other qualifications necessary to serve as a volunteer.
(B) A county or municipality, upon the petition of three or more residents who have physical disabilities, at least annually, must consider the establishment of a volunteer parking specialist program under this section.
(C) A county or municipality that establishes a program of volunteer parking specialists to enforce state laws and county and municipal ordinances is responsible for the training of the volunteers before certifying them as volunteer parking specialists.
(D) A volunteer parking specialist has the same authority to enforce laws regulating accessible parking spaces for persons who have disabilities as a law enforcement officer."
SECTION 2. Article 18, Chapter 3, Title 56 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.