BILL ANALYSIS
AB 1855
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1855 (Yamada) - As Amended: March 25, 2010
SUBJECT : Disabled parking
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
advise applicants for disabled placards of how to apply for
disabled license plates. Specifically, this bill : Requires DMV
to include on the application for a disabled placard,
information advising the applicant, in writing, of the procedure
to apply for special license plates for disabled persons and
disabled veterans of the fee exemptions available for plates
issued to disabled veterans.
EXISTING LAW :
1)Defines a disabled person as someone who suffers from one of a
specified list of disabilities regarding their extremities,
vision, respiratory ability, or cardiovascular function.
2)Defines a disabled veteran as someone who, as a result of
their military service, has a 100% disability rating from the
Department of Veterans' Affairs, is unable to move without the
aid of an assistant device, has lost use of one or more limbs,
or has suffered permanent blindness.
3)Authorizes the issuance of special license plates and
distinguishing placards to disabled persons and disabled
veterans whose disabilities are readily observable and
uncontested or who submit certification to DMV from specified
medical professionals that substantiates their disability.
4)Exempts disabled veterans from the payment of vehicle
registration fees, other than those fees for duplicate plates,
certificates or cards and from the payment of vehicle license
fees (VLF).
5)Makes it unlawful for any person to park or leave standing any
vehicle in a stall or space designated for disabled persons
and disabled veterans unless the vehicle displays either a
special identification license plate or a distinguishing
placard.
AB 1855
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6)Allows a disabled person or disabled veteran displaying
special license plates or a distinguishing placard to park for
unlimited periods in specified restricted zones, on streets
upon which preferential parking privileges and height limits
have been granted by local authorities, or in any parking zone
that is restricted as to the length of time parking is
permitted as indicated by a sign erected pursuant to a local
ordinance.
7)Allows a disabled person or disabled veteran displaying
special license plates or a distinguishing placard to park in
any metered parking space without being required to pay
parking meter fees.
FISCAL EFFECT : Unknown
COMMENTS : Special parking privileges are granted under
California law to disabled persons and to persons with military
service-connected disabilities. (The standards for judging the
disabilities of disabled veterans are similar to, but distinct
from, those for other disabled persons.) To take advantage of
these privileges, a person with a permanent disability may
obtain plates for one of his or her vehicles, or a placard which
may be hung from the rear view mirror of any vehicle in which he
or she is being transported. Persons with temporary
disabilities may only apply for placards which are valid for a
specific timeframe and then expire. Thus, placards are
typically used only when a person's disability is temporary or
if he or she often travels in a variety of different vehicles.
The author notes that DMV's procedures for the issuance and
renewal of disabled placards and plates require disabled persons
to complete an "Application for Disabled Person Placard or
Plates" to secure a temporary or permanent placard or plates.
However, in order to qualify for a waiver from the VLF, a
permanently disabled veteran is required to complete a
"Miscellaneous Certifications" form.
The problem, according to the author, is that "the Disabled
Person Placard or Plates application does not direct a
permanently disabled veteran to the "Miscellaneous
Certifications application and DMV personnel do not ask
applicants if he or she is a veteran, which causes many veterans
to use the 'Disabled' application instead of the
AB 1855
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'Certifications' application and lose the VLF exemption." This
bill is intended to assure that disabled veterans are directed
to the necessary form.
DMV has, in fact, acknowledged the problem targeted by the bill.
In a February 16 letter to the bill's author, DMV Director
George Valderde noted, "Based on your comments, the Department
is in the process of revising the Disabled Person Placard or
Plates form to include a note at the top of the form. The note
will inform disabled veterans to use the appropriate form and
letter from DVA if qualified for a no-fee DV plate."
Suggested committee amendment : As this bill directly references
only those fees in the Vehicle Code, a strict reading suggests
that disabled veterans would only be advised of their exemption
from vehicle registration fees. Although there is a
cross-reference in the cited Vehicle Code section to the VLF,
the exemption from the VLF for disabled veterans is contained in
Section 10783 (b) of the Revenue and Taxation Code. The bill
should therefore be amended to directly refer to that Revenue
and Taxation Code section.
Related legislation : AB 1944 (Fletcher) would customize the
application procedure for disabled veterans plates. That bill
passed this committee a week ago and is scheduled to be heard in
the Assembly Committee on Veterans Affairs on April 13.
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
None received
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093