§ 404-A — Registration of motor vehicles of severely disabled persons

§ 404-a. Registration of motor vehicles of severely disabled persons.\n1. Legislative intent. It is the sense of the legislature to facilitate\nthe usual and special uses of the highways and other motor vehicle\nfacilities accorded to severely disabled residents of this state. The\ncommissioner is hereby empowered to issue to such persons, upon their\napplication, special motor vehicle registrations, one set of vehicle\nidentification plates for motor vehicles owned by such persons to be\nused for the transportation of such severely disabled person and one set\nof vehicle identification plates for each motor vehicle owned by such\npersons and used by a severely disabled member of the owner's family.\n 2. Registration of vehicles owned by severely disabled persons. The\ncommissioner shall assign to such motor vehicles, including any van or\npick-up truck used for transporting persons with disabilities which is\nnot used for commercial purposes, owned by such persons, a distinctive\nnumber and issue and deliver in such manner as the commissioner may\nselect to the owner a certification of registration, in such form as the\ncommissioner shall prescribe and two number plates, called disabled\nperson plates. Said disabled person plates shall conform to the\nrequirements of section four hundred one of this chapter, but shall bear\ndistinctive marks to distinguish them from number plates to be issued to\nother persons, qualifying under this chapter. The commissioner, in his\ndiscretion, may issue, for any registration year, only one plate as a\nset for a motor vehicle, in which event a set of disabled person plates\nfor a motor vehicle shall consist of one plate. Where a severely\ndisabled person owns more than one vehicle and such vehicle or vehicles\nis or are used by severely disabled members of the owner's family who\nreside with the owner, the commissioner shall issue one set of plates\nfor each additional vehicle used by such severely disabled person,\nprovided that such user qualifies as a severely disabled person in the\nmanner required by this section.\n 3. Registration of vehicles owned by severely disabled veterans. The\ncommissioner shall assign to such motor vehicles, including any vans or\npick-up trucks used for transporting handicapped veterans which are not\nused for commercial purposes and which are owned by such veterans or a\nnot-for-profit corporation serving such veterans, a distinctive number\nand issue and deliver in such manner as the commissioner may prescribe\nto the owner a certification of registration, in such form as the\ncommissioner shall prescribe and two number plates, called disabled\nveteran plates. Said severely disabled veteran plates shall conform to\nthe requirements of section four hundred one of this article, but shall\nbear distinctive marks to distinguish them from number plates to be\nissued to other persons, qualifying under this article. The commissioner\nin his discretion, may issue, for any registration year, only one plate\nas a set for a motor vehicle, in which event a set of severely disabled\nveteran plates for a motor vehicle shall consist of one plate. Where a\nseverely disabled veteran owns more than one vehicle and such vehicle or\nvehicles is or are used by severely disabled members of the owner's\nfamily who reside with the owner, the commissioner shall issue one set\nof plates for each additional vehicle used by such severely disabled\nveteran, provided that such user qualifies as a severely disabled\nveteran in the manner required by this section. For purposes of this\nsubdivision, the term "severely disabled veteran" shall mean a veteran\nas defined in section eighty-five of the civil service law, and whose\ndisability qualifies him as a severely disabled person within the\nmeaning of such term as defined in subdivision four of this section.\n 4. Issue of plates. The commissioner shall issue sets of plates to\nsuch person in accordance with subdivision two of this section with\nproof of such disability of such person or such members of his or her\nfamily certified by a physician, physician assistant or nurse\npractitioner, to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law, or podiatrist pursuant to subdivision four-a of this\nsection or optometrist pursuant to subdivision four-b of this section,\nto the satisfaction of the commissioner who is empowered to carry out\nthe effects of this section by formulating rules and regulations.\n For the purposes of this section, a "severely disabled person" shall\nmean any person having any one or more of the following impairments,\ndisabilities or conditions which are permanent in nature:\n (a) Has limited or no use of one or both lower limbs;\n (b) Has a neuro-muscular dysfunction which severely limits mobility;\n (c) Has a physical or mental impairment or condition which is other\nthan those specified above, but is of such nature as to impose unusual\nhardship in utilization of public transportation facilities and such\ncondition is certified by a physician, physician assistant or nurse\npractitioner, to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law, duly licensed to practice in this state, or, pursuant to\nsubdivision four-a of this section, a podiatrist duly licensed to\npractice podiatry in this state or, pursuant to subdivision four-b of\nthis section, an optometrist duly licensed to practice optometry in this\nstate, as constituting an equal degree of disability (specifying the\nparticular condition) so as to prevent such person from getting around\nwithout great difficulty in accordance with subdivision two of this\nsection; or\n (d) A blind person.\n 4-a. Certification of disability by a podiatrist. A podiatrist duly\nlicensed to practice podiatry in this state may certify only those\nconditions which he or she treats in the course of the practice of\npodiatry, as defined by section seventy hundred one of the education\nlaw.\n 4-b. Certification of disability by an optometrist. An optometrist\nduly licensed to practice optometry in this state may certify only those\nconditions which he or she treats in the course of the practice of\noptometry, as defined in section seventy-one hundred one of the\neducation law.\n 5. Application for registration. (a) The application for registration\nunder this section shall be filed with the commissioner of motor\nvehicles in such form and detail as the commissioner shall prescribe,\nsetting forth such information as the commissioner may reasonably\nprescribe beyond such information required under section four hundred\none of this chapter.\n (b) The commissioner may require the applicant for registration to\nfurnish such proof of his or her disability or such proof of disability\nof such members of his or her family from a physician, physician\nassistant or nurse practitioner, to the extent authorized by law and\nconsistent with subdivision three of section six thousand nine hundred\ntwo of the education law, or podiatrist pursuant to subdivision four-a\nof this section or optometrist pursuant to subdivision four-b of this\nsection, as the commissioner deems necessary either for initial\nregistration or renewal thereof; provided, however, that a handicapped\nor disabled permit issued by a municipality to such applicant pursuant\nto section twelve hundred three-a of this chapter shall be deemed\nsufficient proof of disability for purposes of this paragraph.\n (c) Application under this section shall only apply to a vehicle\nsubject to registration pursuant to subdivision six of section four\nhundred one of this chapter and to a van or pick-up truck as provided in\nsubdivision two of this section.\n 6. Fee requirements. As provided in section four hundred one of this\nchapter, the registration and disabled person plates shall be\naccompanied only by the required fee otherwise required to be paid for\nvehicle registration.\n 7. Refueling notice. Upon the issuance or renewal of a registration\npursuant to this section, the commissioner shall notify the registrant\nof the availability of full service motor vehicle refueling at self\nservice prices as provided for in section three hundred ninety-six-bb of\nthe general business law.\n