§ 27-15-305 — Penalties

(a) Any individual who provides false information in order to acquire or who assists an unqualified person in acquiring the special license plate or the special certificate and any person who abuses the privileges granted by this subchapter shall be deemed guilty of a Class A misdemeanor. (b) (1) A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle: (A) Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or (B) Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not: (i) A person with a disability who is authorized to park in the designated area; or (ii) Transporting a person with a disability who is authorized to park in the designated area. (2) (A) In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs. (B) The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336. (3) (A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months. (B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver. (c) (1) Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows: (A) Thirty percent (30%) for scholarship awards to persons with disabilities; and (B) Twenty percent (20%) towards educating the public about accessible parking, including without limitation: (i) Public awareness campaigns; (ii) Public service announcements; (iii) Distribution of pamphlets; or (iv) Social media. (2) Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

Legislative History

Amended by Act 2017, No. 799,§ 4, eff. 1/1/2019. Amended by Act 2017, No. 799,§ 3, eff. 1/1/2019. Acts 1985, No. 907, § 12; A.S.A. 1947, § 75-296.14; Acts 1987, No. 59, § 5; 1991, No. 656, § 4; 1999, No. 1503, § 2; 2001, No. 609, § 1; 2003, No. 1765, § 33; 2005, No. 1934, § 18; 2005, No. 2202, § 2.