§ 39-01-15 — Parking privileges for mobility impaired - Certificate - Revocation - Continuing appropriation - Penalty

Continuing appropriation - Penalty.
1. A mobility-impaired individual who displays prominently upon a motor vehicle parked
by that individual or under that individual's direction and for that individual's use, the
distinguishing certificate specified in subsection 4, license plates issued under section
39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of
section 39-04-18 is entitled to courtesy in the parking of the motor vehicle. However,
any municipality may prohibit, by ordinance, parking on any highway for the purpose of
creating a fire lane or to provide for the accommodation of heavy traffic during morning
and afternoon rush hours. The privileges extended to a mobility-impaired individual do
not apply on a highway if parking is prohibited.
2. A mobility-impaired individual as used in this section includes an individual who uses
portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or
a walker to walk two hundred feet [60.96 meters] without rest; is restricted by cardiac,
pulmonary, or vascular disease from walking two hundred feet [60.96 meters] without
rest; has a forced expiratory volume of less than one liter for one second or an arterial
oxygen tension of less than sixty millimeters of mercury on room air while at rest and is
classified III or IV by standards for cardiac disease set by the American heart
association; has an orthopedic, neurologic, or other medical condition that makes it
impossible for the person to walk two hundred feet [60.96 meters] without assistance
or rest; or is a disabled veteran issued a plate under subdivision j of subsection 2 of
section 39-04-18.
3. Repealed by S.L. 1989, ch. 319, § 6.
4. The director may issue a special identifying certificate to any mobility-impaired
applicant upon submission by the applicant of a completed application and a written or
electronic statement issued by a qualified physician, physician assistant, chiropractor,
physical therapist, or an advanced practice registered nurse to the director that the
applicant is a mobility-impaired person within the criteria of subsection 2. The director
shall waive the requirement for a written or electronic statement from a qualified
physician, physician assistant, chiropractor, physical therapist, or an advanced
practice registered nurse if the applicant has previously submitted an application
containing a certification from a qualified physician, physician assistant, chiropractor,
physical therapist, or an advanced practice registered nurse that the applicant's
impairment is not reversible. The application must include the information required by
the director. The physician's, physician assistant's, chiropractor's, physical therapist's,
or advanced practice registered nurse's statement must describe how the impairment
limits the applicant's mobility and daily life functions of the applicant. The certificate is
valid for a period, not to exceed three years, as determined by the director. A
physician, physician assistant, chiropractor, physical therapist, or an advanced
practice registered nurse who provides a false statement that an individual is mobility
impaired for the purpose of that individual obtaining a certificate under this subsection
is guilty of an infraction for which a minimum fine of one hundred dollars must be

imposed. A certificate issued under this subsection must be nine and one-half inches
[24.13 centimeters] in height and three inches [7.62 centimeters] in width and must
bear, in white on blue, the internationally accepted symbol of access for the mobility
impaired. The certificate must bear the expiration date and registration number
assigned by the director. The director shall adopt rules governing the issuance of the
certificate. A temporary certificate, valid for an initial period not to exceed three
months, may be issued by the director for a fee of three dollars upon application
supported by a physician's, physician assistant's, chiropractor's, physical therapist's, or
an advanced practice registered nurse's statement. The director may issue a
maximum of one additional temporary certificate for a fee of three dollars. The
temporary certificate may be extended an additional period, not to exceed three
months, upon application supported by a physician's, physician assistant's,
chiropractor's, physical therapist's, or an advanced practice registered nurse's
statement that the extension is warranted. Temporary certificates must be the same
size as other certificates issued under this section and must be white on red. The
director may issue a maximum of one additional certificate, if the applicant does not
have number plates issued under section 39-04-10.2 or under subdivision j of
subsection 2 of section 39-04-18, to a mobility-impaired individual to whom a
certificate has been issued under this subsection. The additional certificates may be
used only by or on behalf of the mobility-impaired individual.
5. Except as provided in this subsection, two dollars of each fee for issuance of a
certificate and one dollar of each fee for issuance of an additional certificate under this
section must be deposited in the state highway department fund for purposes of
defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee
received for the issuance of an additional certificate under subsection 4, must be
deposited in the state treasury and credited to the state rehabilitation council fund. The
fees deposited in the fund are hereby appropriated on a continuing basis to the
department of health and human services for use by the state rehabilitation council to
accomplish the council's statutory duties provided under section 50-06.1-16. If a
certificate is lost, mutilated, or destroyed, the individual to whom the certificate was
issued is entitled to a replacement. The individual shall furnish proof satisfactory to the
director that the certificate has been lost, mutilated, or destroyed, and shall pay a
replacement fee of three dollars.
6. A certificate issued under this section must be hung from the rearview mirror or placed
on the dashboard of the motor vehicle whenever the vehicle is occupying a space
reserved for the mobility impaired and is being used by a mobility-impaired individual
or another individual for the purposes of transporting the mobility-impaired individual.
No part of the certificate may be obscured. A fee of five dollars may be imposed for a
violation of this subsection.
7. An applicant may appeal a decision denying issuance of the certificate to the director.
Written notice of the appeal must be received within ten business days following
receipt by the applicant of notice of denial. The applicant has sixty days to provide
additional supportive material to the director for purposes of deciding the appeal. The
director shall affirm or reverse the decision to deny issuance of the certificate within
thirty days after receipt of the supportive material. Written notice of the decision must
be given to the applicant.
8. If a law enforcement officer finds that the certificate is being improperly used, the
officer may report to the director any violation and the director may, in the director's
discretion, remove the privilege. An individual who is not mobility impaired and who
exercises the privileges granted a mobility-impaired individual under subsection 1 is
guilty of an infraction for which a fine of one hundred dollars must be imposed.
9. a. If a public or private entity designates parking spaces for accessible parking, the
spaces must comply with the requirements of the Americans with Disabilities
Accessibility Guidelines for Buildings and Facilities as contained in the appendix
to title 28, Code of Federal Regulations, part 36 [28 CFR 36] and must be
indicated by blue paint on the curb or edge of the paved portion of the street or

parking lot adjacent to the space. In addition to blue paint, each reserved space
must be indicated by a sign bearing the international symbol of accessibility for
the mobility impaired. The sign must indicate that unauthorized use of the space
is a nonmoving violation for which a fee of one hundred dollars must be imposed.
b. For any event, a public or a private entity temporarily may reserve additional
accessible parking spaces for use by motor vehicles operated by a
mobility-impaired individual. In that case, each temporarily reserved space must
be indicated by a sign bearing the international symbol of accessibility for the
mobility impaired at least four hours before the event.
c. A parking space clearly identified as reserved for the mobility impaired is
considered designated and reserved for the mobility impaired and is sufficient
basis for the enforcement of this section if the parking space has two of the
following requirements:
(1) Blue paint on the curb or edge of the paved portion of the street or parking
lot adjacent to the space;
(2) A sign bearing the international symbol of accessibility for the mobility
impaired; or
(3) Notice that unauthorized use of the space is a nonmoving violation for which
a fee of one hundred dollars must be imposed.
d. Except for a temporarily reserved parking space for the mobility impaired, a sign
posted must be immovable.
e. A law enforcement officer shall enforce this section in any parking lot or parking
facility, whether publicly or privately owned.
10. If the designated parking spaces for mobility-impaired individuals are occupied or
inaccessible, a motor vehicle displaying the distinguishing certificate specified in
subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran
plate issued under subdivision j of subsection 2 of section 39-04-18 may park at an
angle and occupy two standard parking spaces.
11. An individual may not stop, stand, or park any vehicle in any designated parking space
that is reserved for the mobility impaired unless the vehicle displays a
mobility-impaired identification certificate issued by the director to a mobility-impaired
individual. A mobility-impaired individual may not permit the use of a certificate issued
under this section by an individual who is not mobility impaired when that use is not in
connection with the transport of the mobility-impaired individual. The registered owner
of a vehicle may not allow that vehicle to be used in a manner that violates this
subsection. Proof of intent is not required to prove a registered owner's violation of this
subsection. The registered owner, however, may be excused from a violation if the
owner provides the citing authority with the name and address of the individual
operating the vehicle at the time of the violation. A vehicle may temporarily use a
space reserved for a mobility-impaired individual without a mobility-impaired certificate
for the purpose of loading and unloading a mobility-impaired individual. A violation of
this subsection is a nonmoving violation for which a fee of one hundred dollars must
be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and
collected under this subsection is appropriated on a continuing basis to the state
rehabilitation council for the development of competitive and integrated employment
opportunities.
12. A motor vehicle licensed in another state which displays a special authorized vehicle
designation issued by the licensing authority of that state for vehicles used in the
transportation of a mobility-impaired individual must be accorded the same privilege
provided in this section for similar vehicles licensed in this state if the laws of the other
state provide the same privileges to North Dakota motor vehicles displaying the
special identifying certificate authorized in this section.
13. An entity that violates the requirements of subsection 9 is guilty of an infraction if the
entity does not comply with subsection 9 within sixty days after receiving official
notification of the violation.

14. The department shall issue a mobility-impaired parking permit for a vehicle owned and
operated by care providers licensed by the state, veterans-related organizations, and
other entities that regularly transport mobility-impaired individuals for use by those
providers and entities to park in designated parking spaces while transporting
mobility-impaired individuals.