§ 1203-A — Parking permits for handicapped persons

§ 1203-a. Parking permits for handicapped persons. 1. The commissioner\nshall distribute special vehicle identification parking permits to the\ngoverning bodies of all cities, towns and villages in the state.\nNotwithstanding any local law or ordinance to the contrary, such permits\nshall entitle any vehicle displaying such permit to park in any area in\nany city, town or village of the state which has been designated by such\ncity, town or village or pursuant to the provisions of section twelve\nhundred three-c of this article as a place for parking for persons with\ndisabilities. The design, period of validity, and procedures for\nreissuance of such permits shall be as determined by the commissioner. A\ncity, town or village issuing a permit pursuant to this subdivision or\nsubdivision three of this section shall indelibly inscribe or otherwise\nmark, on the face of such permit, the last three digits of the\nidentification number of the driver's license or non-driver\nidentification card of the person to whom the permit is issued. The\ngoverning bodies of cities, towns and villages in the state shall\nappoint an issuing agent to issue such permits. Any person issued a\npermit pursuant to this section who holds a driver's license or\nnon-driver identification card shall make the last three digits of such\nlicense or identification card available to an issuing agent at the time\nof permit issuance or renewal by presenting such license or\nidentification card to such issuing agent. Any person issued a permit\npursuant to this section who holds a driver's license or non-driver\nidentification card shall carry and make available to a law enforcement\nofficer upon demand, or as soon as practicable thereafter, his or her\ndriver's license or non-driver identification card which shall be\npresumptive evidence of the validity of his or her special vehicle\nidentification parking permit. Failure to make available such driver's\nlicense or non-driver identification card upon demand shall not be\ndeemed a violation. The permits shall be issued to:\n (i) any resident of New York state who is a severely disabled person,\nas defined in subdivision four of section four hundred four-a of this\nchapter, upon application of such person or such person's parent or\nguardian, provided, however, that an issuing agent shall issue permits\nonly to residents of the city, town or village in which such issuing\nagent is located, except that, an issuing agent, in their discretion,\nmay issue a permit to a severely disabled person who is not a resident\nof the city, town, or village in which such issuing agent is located\nwhere such person resides in a city, town, or village in which the\ngoverning body has not appointed an issuing agent; and an issuing agent,\nin their discretion, may issue a temporary special vehicle\nidentification parking permit, as authorized by subdivision three of\nthis section, to a person who is temporarily unable to ambulate without\nthe aid of an assisting device, as certified by a physician, who resides\nin a city, town, or village in which the issuing agent does not issue\ntemporary special vehicle identification parking permits, or who is not\na resident of the United States and is temporarily visiting the state;\nor\n (ii) any state facility, or agency licensed by the state of New York\nor any of its political subdivisions, that operates a motor vehicle for\npurposes of transporting handicapped persons, upon the application of\nsuch a facility or agency.\n For the purposes of paragraph (i) of this subdivision, such permit\nshall be for use exclusively in a vehicle in which the person to whom it\nhas been issued is being transported and such permit shall not be\ntransferable and shall be forfeited if presented by any other person.\nAny abuse by any person, facility or agency to whom such permit has been\nissued of any privilege, benefit, precedence or consideration granted\npursuant to the issuance of such permit, shall be sufficient cause for\nrevocation of said permit.\n 1-a. Any resident of New York state who is a severely disabled person,\nas defined in subdivision four of section four hundred four-a of this\nchapter, shall not be required to provide an updated medical\ncertification or additional medical documents upon application for\nrenewal of a permit issued pursuant to this section. For the purposes of\nthis subdivision, the term "permit" shall not include a temporary\nspecial vehicle identification parking permit issued pursuant to this\nsection to a person who is temporarily unable to ambulate without the\naid of an assisting device.\n 2. The special vehicle identification parking permit issued by the\ncommissioner shall be recognized statewide and, except for a permit\nissued pursuant to and used subject to the limitations of subdivision\nthree of this section is the only valid permit for the purpose of\npreserving parking spaces for the handicapped.\n 3. Notwithstanding any provision of this chapter to the contrary, any\nmunicipality may issue a temporary special vehicle identification\nparking permit to any person who is temporarily unable to ambulate\nwithout the aid of an assisting device, as certified by a physician.\nSuch temporary special vehicle identification parking permit shall be\nvalid for not more than six months and shall be recognized statewide.\n 4. A person who knowingly and wilfully with the intent to deceive\nmakes a false statement or gives information which such individual knows\nto be false to a public official to obtain a parking permit for\nhandicapped persons or to prevent the marking on such permit of the last\nthree digits of a driver's license or non-driver identification card\nheld by such person, in addition to any other penalty provided by law,\nshall be subject to a civil penalty of not less than two hundred fifty\ndollars nor more than one thousand dollars.\n