AB 2602, as amended, Gatto. Disabled parking placards.
Existing law authorizes a disabled person or disabled veteran to apply to the Department of Motor Vehicles (DMV) for the issuance of a distinguishing license plate or placard that entitles the person or veteran to various privileges, including parking in spaces designated for owners of those license plates and placards, parking for unlimited periods in a restricted zone, as specified, and parking in metered spaces without paying parking meter fees.
This
end delete
begin insert Commencing January 1, 2018, thisend insert bill would
delete the authority of a disabled person or disabled veteran who has been issued a placard as described above to park for an unlimited period in restricted zones and to park in metered spaces withoutbegin insert payingend insert parking meter fees. Thebegin delete bill would alsoend deletebegin insert bill, commencing January 1, 2018, instead, wouldend insert authorize specified disabled persons and disabled veterans to apply forbegin delete a
free-parking sticker, which, when properly affixed to the
distinguishing placard, additionallyend deletebegin insert free-parking status, as specified, whichend insert would authorize thebegin delete ownerend deletebegin insert personend insert to park inbegin delete any metered parking space, as defined,end deletebegin insert specified metered and unmetered parking spacesend insert without being required to pay fees and for an unlimited period of time.begin insert The bill would require the department, commencing January 1, 2017, to begin to notify existing holders of a disabled driver placard of these changes to the
disabled persons parking program, as specified.end insert
This bill would require an applicant to provide certification of his or her disability by a physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist, as specified. To knowingly provide a false disability certification for a disabled parking placard, or a free-parking sticker, emblem, or other indicia of free-parking status, would constitute unprofessional conduct and grounds for disciplinary action for any person regulated under specified provisions of law.
end insertUnder existing law, a person to whom a disabled person placard has been issued is prohibited from various acts,begin delete includingend deletebegin insert
including, but not limited to,end insert lending the placard to anotherbegin delete person andend deletebegin insert
person,end insert knowingly permitting use for parking purposes of the placard by one not entitled tobegin delete it.end deletebegin insert
it, or forgery, counterfeiting, or sale of the placard.end insert Existing law also prohibits a person from displaying a placard that was not issued to him or her or that has been canceled or revoked. These acts are subject to the issuance of a notice of parking violation imposing a civil penalty, as prescribed, and constitute a misdemeanor punishable by a specified fine, imprisonment in the county jail, or both the fine and imprisonment.
This bill would extend the above penalty provisions to actsbegin delete involving misuseend deletebegin insert including, but not limited to, forging, misuse, counterfeiting, or saleend insert of a free-parkingbegin delete sticker.end deletebegin insert
sticker, emblem, or other indicia of free-parking status issued by the department. The bill also would require an application for free-parking status under the bill to be signed under penalty of perjury. The bill would make those provisions operative January 1, 2018.end insert By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 734 is added to the end insertbegin insertBusiness and
2Professions Codeend insertbegin insert, to read:end insert
To knowingly provide a false certification under
4subdivision (b) of Section 22511.55 of, or subdivision (c) of Section
522511.551 of, the Vehicle Code is unprofessional conduct and
6grounds for disciplinary action for any physician and surgeon,
7nurse practitioner, certified nurse midwife, physician assistant,
8chiropractor, or optometrist regulated under this division or under
9any initiative act referred to in this division.
Section 4461 of the Vehicle Code is amended to read:
(a) A person shall not lend a certificate of ownership,
13registration card, license plate, special plate, validation tab, or
14permit issued to him or her if the person desiring to borrow it would
15not be entitled to its use, and a person shall not knowingly permit
16its use by one not entitled to it.
17(b) A person to whom a disabled personbegin delete placard or stickerend delete
18begin insert placard, or, commencing January 1, 2018, a free-parking sticker,
19emblem, or other indicia of free-parking status,end insert has been issued
20shall not lend the placard orbegin delete stickerend deletebegin insert
free-parking sticker, emblem,
21or other indicia of free-parking statusend insert to another person, and a
22disabled person shall not knowingly permit the use for parking
23purposes of the placard,begin delete sticker,end deletebegin insert free-parking sticker, emblem, or
24other indicia of free-parking status,end insert or identification license plate
25issued pursuant to Section 5007 by one not entitled to it. A person
26to whom a disabled person placard orbegin delete stickerend deletebegin insert free-parking sticker,
27emblem, or other indicia of free-parking statusend insert has been issued
28may permit another person to use the placardbegin insert
or free-parking
29sticker, emblem, or other indicia of free-parking statusend insert only while
30in the presence or reasonable proximity of the disabled person for
31the purpose of transporting the disabled person. A violation of this
32subdivision is subject to the issuance of a notice of parking
33violation imposing a civil penalty of not less than two hundred
P4 1fifty dollars ($250) and not more than one thousand dollars
2($1,000), for which enforcement shall be governed by the
3procedures set forth in Article 3 (commencing with Section 40200)
4of Chapter 1 of Division 17 or is a misdemeanor punishable by a
5fine of not less than two hundred fifty dollars ($250) and not more
6than one thousand dollars ($1,000), imprisonment in the county
7jail for not more than six months, or both that fine and
8imprisonment.
9(c) Except for
the purpose of transporting a disabled person as
10specified in subdivision (b), a person shall not display a disabled
11personbegin delete placard or stickerend deletebegin insert
placard, or, commencing January 1,
122018, a free-parking sticker, emblem, or other indicia of
13free-parking status,end insert that was not issued to him or her or that has
14been canceled or revoked pursuant to Section 22511.6. A violation
15of this subdivision is subject to the issuance of a notice of parking
16violation imposing a civil penalty of not less than two hundred
17fifty dollars ($250) and not more than one thousand dollars
18($1,000), for which enforcement shall be governed by the
19procedures set forth in Article 3 (commencing with Section 40200)
20of Chapter 1 of Division 17 or is a misdemeanor punishable by a
21fine of not less than two hundred fifty dollars ($250) and not more
22than one thousand dollars ($1,000), imprisonment in the county
23jail for not more than six months, or both that fine and
24imprisonment.
25(d) Notwithstanding subdivisions (a), (b), and (c), a person using
26a vehicle displaying a special identification license plate issued to
27another pursuant to Section 5007 shall not park in those parking
28stalls or spaces designated for disabled persons pursuant to Section
2922511.7 or 22511.8, unless transporting a disabled person. A
30violation of this subdivision is subject to the issuance of a notice
31of parking violation imposing a civil penalty of not less than two
32hundred fifty dollars ($250) and not more than one thousand dollars
33($1,000), for which enforcement shall be governed by the
34procedures set forth in Article 3 (commencing with Section 40200)
35of Chapter 1 of Division 17 or is a misdemeanor punishable by a
36fine of not less than two hundred fifty dollars ($250) and not more
37than one thousand dollars ($1,000), imprisonment in the county
38jail for not more than six months, or both that fine and
39imprisonment.
P5 1(e) For the purposes of subdivisions (b) and (c), “disabled person
2placard” means a placard issued pursuant to Section 22511.55 or
322511.59, andbegin delete “sticker” means a free-parking sticker issuedend delete
4begin insert “free-parking sticker, emblem, or other indicia of free-parking
5status” designates a sticker, emblem, or other indicia of that status
6issued by the departmentend insert pursuant to Section 22511.551.
begin insertSection 4463 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert
(a) A person who, with intent to prejudice, damage, or
9defraud, commits any of the following acts is guilty of a felony
10and upon conviction thereof shall be punished by imprisonment
11pursuant to subdivision (h) of Section 1170 of the Penal Code for
1216 months or two or three years, or by imprisonment in a county
13jail for not more than one year:
14(1) Alters, forges, counterfeits, or falsifies a certificate of
15ownership, registration card, certificate, license, license plate,
16device issued pursuant to Section 4853, special plate, or permit
17provided for by this code or a comparable certificate of ownership,
18registration card, certificate, license, license plate, device
19comparable to that issued pursuant to Section 4853, special plate,
20or permit provided for by a
foreign jurisdiction, or alters, forges,
21counterfeits, or falsifies the document, device, or plate with intent
22to represent it as issued by the department, or alters, forges,
23counterfeits, or falsifies with fraudulent intent an endorsement of
24transfer on a certificate of ownership or other document evidencing
25ownership, or with fraudulent intent displays or causes or permits
26to be displayed or have in his or her possession a blank, incomplete,
27canceled, suspended, revoked, altered, forged, counterfeit, or false
28certificate of ownership, registration card, certificate, license,
29license plate, device issued pursuant to Section 4853, special plate,
30or permit.
31(2) Utters, publishes, passes, or attempts to pass, as true and
32genuine, a false, altered, forged, or counterfeited matter listed in
33paragraph (1) knowing it to be false, altered, forged, or
34counterfeited.
35(b) A person who, with
intent to prejudice, damage, or defraud,
36commits any of the following acts is guilty of a misdemeanor, and
37upon conviction thereof shall be punished by imprisonment in a
38county jail for six months, a fine of not less than five hundred
39dollars ($500) and not more than one thousand dollars ($1,000),
P6 1or both that fine and imprisonment, which penalty shall not be
2suspended:
3(1) Forges, counterfeits, or falsifies a disabled person placard
4or a comparable placard relating to parking privileges for disabled
5persons provided for by a foreign jurisdiction, or forges,
6counterfeits, or falsifies a disabled personbegin delete placardend deletebegin insert placard, or,
7commencing January 1, 2018, a free-parking sticker, emblem, or
8other indicia of free-parking status,end insert
with intent to represent it as
9issued by the department.
10(2) Passes, or attempts to pass, as true and genuine, a false,
11forged, or counterfeit disabled personbegin delete placardend deletebegin insert placard, or,
12commencing January 1, 2018, a free-parking sticker, emblem, or
13other indicia of free-parking status,end insert knowing it to be false, forged,
14or counterfeited.
15(3) Acquires, possesses, sells, or offers for sale a genuine or
16counterfeit disabled personbegin delete placard.end deletebegin insert placard, or, commencing
17January 1, 2018, a free-parking sticker, emblem, or other indicia
18of free-parking status.end insert
19(c) A person who, with fraudulent intent, displays or causes or
20permits to be displayed a forged, counterfeit, or false disabled
21person placard,begin insert or, commencing January 1, 2018, a free-parking
22sticker, emblem, or other indicia of free-parking status,end insert is subject
23to the issuance of a notice of parking violation imposing a civil
24penalty of not less than two hundred fifty dollars ($250) and not
25more than one thousand dollars ($1,000), for which enforcement
26shall be governed by the procedures set forth in Article 3
27(commencing with Section 40200) of Chapter 1 of Division 17 or
28is guilty of a misdemeanor punishable by imprisonment in a county
29jail for six months, a fine of not less than two hundred fifty dollars
30($250) and not more than one thousand dollars ($1,000), or both
31that fine and imprisonment, which penalty shall not be
suspended.
32(d) For purposes of subdivision (b) or (c), “disabled person
33placard” means a placard issued pursuant to Section 22511.55 or
3422511.59.begin insert
“Free-parking sticker, emblem, or other indicia of
35free-parking status” indicates a free-parking sticker, emblem, or
36other indicia of that status issued by the department pursuant to
37Section 22511.551.end insert
38(e) A person who, with intent to prejudice, damage, or defraud,
39commits any of the following acts is guilty of an infraction, and
40upon conviction thereof shall be punished by a fine of not less than
P7 1one hundred dollars ($100) and not more than two hundred fifty
2dollars ($250) for a first offense, not less than two hundred fifty
3dollars ($250) and not more than five hundred dollars ($500) for
4a second offense, and not less than five hundred dollars ($500)
5and not more than one thousand dollars ($1,000) for a third or
6subsequent offense, which penalty shall not be suspended:
7(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
8
comparable clean air sticker relating to high occupancy vehicle
9lane privileges provided for by a foreign jurisdiction, or forges,
10counterfeits, or falsifies a Clean Air Sticker with intent to represent
11it as issued by the department.
12(2) Passes, or attempts to pass, as true and genuine, a false,
13forged, or counterfeit Clean Air Sticker knowing it to be false,
14forged, or counterfeited.
15(3) Acquires, possesses, sells, or offers for sale a counterfeit
16Clean Air Sticker.
17(4) Acquires, possesses, sells, or offers for sale a genuine Clean
18Air Sticker separate from the vehicle for which the department
19issued that sticker.
20(f) As used in this section, “Clean Air Sticker” means a label
21or decal issued pursuant to Sections 5205.5 and
21655.9.
Section 22511.5 of the Vehicle Code is repealed.
end delete
begin insertSection 22511.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
24read:end insert
(a) (1) A disabled person or disabled veteran
26displaying special license plates issued under Section 5007 or a
27distinguishing placard issued under Section 22511.55 or 22511.59
28is allowed to park for unlimited periods in any of the following
29zones:
30(A) In any restricted zone described in paragraph (5) of
31subdivision (a) of Section 21458 or on streets upon which
32preferential parking privileges and height limits have been given
33pursuant to Section 22507.
34(B) In any parking zone that is restricted as to the length of time
35parking is permitted as indicated by a sign erected pursuant to a
36local ordinance.
37(2) A
disabled person or disabled veteran is allowed to park in
38any metered parking space without being required to pay parking
39meter fees.
P8 1(3) This subdivision does not apply to a zone for which state
2law or ordinance absolutely prohibits stopping, parking, or standing
3of all vehicles, or which the law or ordinance reserves for special
4types of vehicles, or to the parking of a vehicle that is involved in
5the operation of a street vending business.
6(b) A disabled person or disabled veteran is allowed to park a
7motor vehicle displaying a special disabled person license plate
8or placard issued by a foreign jurisdiction with the same parking
9privileges authorized in this code for any motor vehicle displaying
10a special license plate or a distinguishing placard issued by the
11Department of Motor Vehicles.
12
(c) This section shall remain in effect only until January 1, 2018,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2018, deletes or extends that date.
Section 22511.5 is added to the Vehicle Code, to read:
(a) (1) A disabled person or disabled veteran
18displaying special license plates issued under Section 5007 or a
19distinguishing placard issued under Section 22511.55 or 22511.59
20is allowed to park in any restricted zone described in paragraph
21(5) of subdivision (a) of Section 21458 or on streets upon which
22preferential parking privileges and height limits have been given
23pursuant to Section 22507.
24(2) This subdivision does not apply to a zone for which state
25law or ordinance absolutely prohibits stopping, parking, or standing
26of all vehicles, or which the law or ordinance reserves for special
27types of vehicles, or to the parking of a vehicle that
is involved in
28the operation of a street vending business.
29(b) A disabled person or disabled veteran is allowed to park a
30motor vehicle displaying a special disabled person license plate
31or placard issued by a foreign jurisdiction with the same parking
32privileges authorized in this code for any motor vehicle displaying
33a special license plate or a distinguishing placard issued by the
34Department of Motor Vehicles.
35
(c) This section shall become operative on January 1, 2018.
Section 22511.55 of the Vehicle Code is amended to
38read:
(a) (1) A disabled person or disabled veteran may
40apply to the department for the issuance of a distinguishing placard.
P9 1The placard may be used in lieu of the special license plate or
2plates issued under Section 5007 for parking purposes described
3in Section 22511.5 when (A) suspended from the rearview mirror,
4(B) if there is no rearview mirror, when displayed on the dashboard
5of a vehicle, or (C) inserted in a clip designated for a distinguishing
6placard and installed by the manufacturer on the driver’s side of
7the front window. It is the intent of the Legislature to encourage
8the use of distinguishing placards because they provide law
9enforcement officers with a more readily recognizable symbol for
10distinguishing
vehicles qualified for the parking privilege. The
11placard shall be the size, shape, and color determined by the
12department and shall bear the International Symbol of Access
13adopted pursuant to Section 3 of Public Law 100-641, commonly
14known as the “wheelchair symbol.” The department shall
15incorporate instructions for the lawful use of abegin delete placard, instructions begin insert placard and, commencing January 1, 2018, for the
16for affixingend delete
17display ofend insert a free-parkingbegin delete stickerend deletebegin insert sticker, emblem, or other indicia
18of free-parking statusend insert issued pursuant to Section 22511.551, and
19a summary of the penalties
for the unlawful use of abegin delete placard,end delete
20begin insert placard or free-parking status,end insert into the identification card issued
21to the placard owner.
22(2) (A) The department may establish procedures for the
23issuance and renewal of the placards. The procedures shall include,
24but are not limited to, advising an applicant in writing on the
25application for a placard of the procedure to apply for a special
26license plate or plates, as described in Section 5007, and the fee
27exemptions established pursuant to Section 9105 and in subdivision
28(a) of Section 10783 of the Revenue and Taxation Code. The
29placards shall have a fixed expiration date of June 30 every two
30years. A portion of the
placard shall be printed in a contrasting
31color that shall be changed every two years. The size and color of
32this contrasting portion of the placard shall be large and distinctive
33enough to be readily identifiable by a law enforcement officer in
34a passing vehicle.
35(B) As used in this section, “year” means the period between
36the inclusive dates of July 1 through June 30.
37(C) Prior to the end of each year, thebegin delete department shall,end delete
38begin insert department,end insert for the most current three years available,begin insert shallend insert
39 compare its record of disability placards
issued against the records
40of the Office of Vital Records of the State Department of Public
P10 1Health, or its successor, and withhold any renewal notices that
2otherwise would have been sent for a placardholder identified as
3deceased.
4(3) Except as provided in paragraph (4), a person shall not be
5eligible for more than one placard at a time.
6(4) Organizations and agencies involved in the transportation
7of disabled persons or disabled veterans may apply for a placard
8for each vehicle used for the purpose of transporting disabled
9persons or disabled veterans.
10(b) (1) Except as provided in paragraph (4), prior to issuing an
11original distinguishing placard to a disabled person or disabled
12veteran, the
department shall require the submission of a certificate,
13in accordance with paragraph (2), signed by the physician and
14surgeon, or to the extent that it does not cause a reduction in the
15receipt of federal aid highway funds, by a nurse practitioner,
16certified nurse midwife, or physician assistant, substantiating the
17disability, unless the applicant’s disability is readily observable
18and uncontested. The disability of a person who has lost, or has
19lost use of, one or more lower extremities or one hand, for a
20disabled veteran, or both hands, for a disabled person, or who has
21significant limitation in the use of lower extremities, may also be
22certified by a licensed chiropractor. The blindness of an applicant
23shall be certified by a licensed physician and surgeon who
24specializes in diseases of the eye or a licensed optometrist. The
25physician and surgeon, nurse practitioner, certified nurse midwife,
26physician
assistant, chiropractor, or optometrist certifying the
27qualifying disability shall provide a full description of the illness
28or disability on the form submitted to the department.
29(2) The physician and surgeon, nurse practitioner, certified nurse
30midwife, physician assistant, chiropractor, or optometrist who
31signs a certificate submitted under this subdivision shall retain
32information sufficient to substantiate that certificate and, upon
33request of the department, shall make that information available
34for inspection by the Medical Board of California or the appropriate
35regulatory board.
36(3) The department shall maintain in its records all information
37on an applicant’s certification of permanent disability and shall
38make that information available to eligible law enforcement or
39parking
control agencies upon a request pursuant to Section
4022511.58.
P11 1(4) For a disabled veteran, the department shall accept, in lieu
2of the certificate described in paragraph (1), a certificate from the
3United States Department of Veterans Affairs that certifies that
4the applicant is a disabled veteran as described in Section 295.7.
5(c) A person who is issued a distinguishing placard pursuant to
6subdivision (a) may apply to the department for a substitute placard
7without recertification of eligibility, if that placard is lost or stolen.
8(d) The distinguishing placard shall be returned to the
9department not later than 60 days after the death of the disabled
10person or disabled veteran to whom the placard was issued.
11(e) The department shall print on any distinguishing placard
12issued on or after January 1, 2005, the maximum penalty that may
13be imposed for a violation of Section 4461. For purposes of this
14subdivision, the “maximum penalty” is the amount derived from
15adding all of the following:
16(1) The maximum fine that may be imposed under Section 4461.
17(2) The penalty required to be imposed under Section 70372 of
18the Government Code.
19(3) The penalty required to be levied under Section 76000 of
20the Government Code.
21(4) The penalty required to be levied under Section 1464 of the
22Penal Code.
23(5) The surcharge required to be levied under Section 1465.7
24of the Penal Code.
25(6) The penalty authorized to be imposed under Section 4461.3.
Section 22511.551 is added to the Vehicle Code, to
28read:
(a) (1) Notwithstanding any other law,
30begin insert commencing January 1, 2018,end insert a disabled person or disabled veteran
31who has been issued a distinguishing placard under Section
3222511.55 or 22511.59 and who meets the criteria specified in
33subdivision (b) may apply, pursuant to this section, forbegin delete aend delete
34 free-parkingbegin delete sticker, which shall be yellow in color and shall be begin insert
status. An application for free-parking status granted
35affixed to a placard issued pursuant to Section 22511.55 or
3622511.59.end delete
37under this section shall be signed by the applicant under penalty
38of perjury.end insert
39
(A) Free-parking status granted pursuant to this section shall
40be indicated by affixing a sticker or emblem to the placard issued
P12 1pursuant to Section 22511.55 or 22511.59, or by another indicia
2of free-parking status as determined by the department.
3
(B) Commencing January 1, 2017, the department shall begin
4notifying all holders of a placard issued pursuant to Section
522511.55 or 22511.59 of the availability of free-parking status
6pursuant to this section and the related changes to the disabled
7persons parking program
operative January 1, 2018. Notification
8pursuant to this subparagraph shall be completed no later than
9January 1, 2018.
10(2) begin deleteThe owner of a sticker that is properly affixed to a placard end delete
11begin insert(A)end insertbegin insert end insertbegin insertA person granted free-parking status under this section end insertmay
12park in any metered parking space without being required to pay
13parking fees and for an unlimited period of time. For purposes of
14this section, “metered parking space” includes a parking space
15regulated by a parking meter designated for an individual parking
16space and a parking payment center designated for one or more
17parking spaces.
18
(B) A person granted free-parking status under this section may
19park in any parking zone that is restricted as to the length of time
20parking is permitted as indicated by a sign erected pursuant to a
21local ordinance.
22(3) The department may establish procedures for the issuance
23begin delete and renewal of the stickers.end deletebegin insert of a free-parking sticker, emblem, or
24other indicia of free-parking status.end insert The procedures shall include,
25but are not limited to, advising an applicant in writing on the
26application forbegin delete a stickerend deletebegin insert
free-parking statusend insert of the procedure to
27apply for a special license plate or plates, as described in Section
285007.begin delete The stickers shall have a fixed expiration date of June 30 begin insert
A free-parking sticker, emblem, or other indicia
29every four years.end delete
30of free-parking status shall expire according to the same schedule
31as the underlying distinguishing placard.end insert
32(b) begin insert(1)end insertbegin insert end insertAn applicant forbegin delete a free-parking stickerend deletebegin insert free-parking
33statusend insert under this section shall provide certification pursuant to
34subdivision (c) that the applicant is unable to perform one or more
35of the following activities:
36(1)
end delete
37begin insert(A)end insert Manage, manipulate, or insertbegin delete coins,end deletebegin insert coins or cards,end insert or obtain
38tickets or tokens at parking meters or parking payment centers,
39due tobegin delete the lack of fine motor control of both hands.end deletebegin insert a physical
40disability.end insert
P13 1(2)
end delete
2begin insert(B)end insert Reach above his or her head to a height of 42 inches from
3the ground due to a lack of finger, hand, or upper extremity strength
4or mobility.
5(3)
end delete
6begin insert(C)end insert Approach a parking meter due to his or her use of a
7
begin deletewheelchair or other device.end deletebegin insert wheelchair, walker, or other mobility
8device, or if his or her medical provider determines that the
9disability would make it unsafe for the individual to let go of the
10mobility device to operate a meter or payment center.end insert
11(4)
end delete
12begin insert(D)end insert Walk more than 20 feet due to an orthopedic, neurological,
13cardiovascular, or lung condition in which the degree of debilitation
14is so severe that it almost completely impedes the ability to walk.
15
(2) Except as provided in paragraph (3), a person shall not be
16eligible for more than one free-parking sticker, emblem, or other
17indicia of free-parking status at a time.
18
(3) Organizations and agencies involved in the transportation
19of disabled persons or disabled veterans may apply for free-parking
20status
for each vehicle used for the purpose of transporting eligible
21disabled persons or disabled veterans.
22(c) (1) begin deletePrior to issuing an original sticker to a disabled person begin insert Except as provided in paragraph (4), prior
23or disabled veteran, end delete
24to issuance or renewal of a free-parking sticker, emblem, or other
25indicia of free-parking status, end insertthe department shall require the
26submission of a certificate, in accordance with paragraph (2),
27signed by the physician and surgeon, or to the extent that it does
28not cause a reduction in the receipt of federal aid highway funds,
29by a nurse practitioner, certified nurse midwife, or physician
30assistant, substantiating thebegin delete disability, unless the applicant’s begin insert
disability. The
31disability is readily observable and uncontested.end delete
32disability of a person who has lost, or has lost use of, one or more
33lower extremities or one hand, for a disabled veteran, or both
34hands, for a disabled person, or who has significant limitation in
35the use of lower extremities, may also be certified by a licensed
36chiropractor. The blindness of an applicant shall be certified by
37a licensed physician and surgeon who specializes in diseases of
38the eye or a licensed optometrist.end insert The physician and surgeon, nurse
39practitioner, certified nurse midwife, physician assistant,
40chiropractor, or optometrist certifying the qualifying disability
P14 1shall provide a full description of the qualifying condition on the
2form submitted to the department.
3(2) The physician and surgeon, nurse practitioner, certified nurse
4midwife, physician assistant, chiropractor, or optometrist who
5signs a certificate
submitted under this subdivision shall retain
6information sufficient to substantiate that certificate and, upon
7request of the department, shall make that information available
8for inspection by the Medical Board of California or the appropriate
9regulatory board.
10(3) A person who is issued abegin delete stickerend deletebegin insert free-parking sticker,
11emblem, or other indicia of free-parking statusend insert pursuant to
12subdivision (a) may apply to the department for a substitutebegin delete stickerend delete
13begin insert sticker, emblem, or other indicia of free-parking statusend insert without
14recertification
of eligibility, if thatbegin delete stickerend deletebegin insert sticker, emblem, or other
15indicia of free-parking statusend insert is lost or stolen.
16(d) The department may establish a fee for issuance of a sticker
17pursuant to this section, which shall not exceed the reasonable
18costs of implementing the sticker program.
19
(4) An individual whose disability is readily observable and
20uncontested shall not be required to recertify his or her disability
21pursuant to this
subdivision.
22(e)
end delete
23begin insert(d)end insert Notwithstanding any other law, the maximum fine that may
24be imposed under Section 4461 constitutes the maximum penalty
25that may be imposed for a violation of Section 4461 based on the
26misuse of abegin delete stickerend deletebegin insert free-parking sticker, emblem, or other indicia
27of free-parking statusend insert
issued under this section.
begin insertSection 22511.6 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
29read:end insert
(a) The Department of Motor Vehicles may cancel
31or revoke a distinguishing placard issued pursuant to Section
3222511.55 or 22511.59begin delete in any of the following events:end deletebegin insert and,
33commencing January 1, 2018, free-parking status granted pursuant
34to Section 22511.551, under any of the following circumstances:end insert
35(1) begin deleteWhen end deletebegin insertIf end insertthe department is satisfied that the
placardbegin insert or
36free-parking statusend insert was fraudulently obtained or erroneously issued.
37(2) begin deleteWhen end deletebegin insertIf end insertthe department determines that the required fee has
38not been paid and the fee is not paid upon reasonable notice and
39demand.
P15 1(3) begin deleteWhen
end delete
2refused when last issued or renewed.
3(4) begin deleteWhen end deletebegin insertIf end insertthe department determines that thebegin delete ownerend deletebegin insert holderend insert
4 of the placardbegin insert or free-parking statusend insert has committed any offense
5described in Section 4461
or 4463, involving the placardbegin insert or
6free-parking sticker, emblem, or other indicia of free-parking statusend insert
7 to be canceled or revoked.
8(5) begin deleteWhen end deletebegin insertIf end insertthe department determines that thebegin delete ownerend deletebegin insert holderend insert
9 of the placardbegin insert or free-parking statusend insert is deceased.
10(b) begin deleteWhenever the Department of Motor Vehicles end deletebegin insertIf
the
11department end insertcancels or revokes a distinguishing placard, thebegin delete ownerend delete
12begin insert holderend insert or person in possession of the placard shall immediately
13return the placard to the department.
14
(c) If the department cancels or revokes free-parking status
15granted pursuant to Section 22511.551, the holder or person in
16possession shall immediately return to the department any sticker,
17emblem, or other indicia of that status.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
O
96