§ 31-28-7. Motor vehicle plates for persons with disabilities — Entitlement — Designated parking
spaces — Violations.
(a) Persons, as defined in subsection (h) of this section, upon application and proof
of permanent or long-term disability to the division of motor vehicles, shall be issued
one motor vehicle disability parking privilege placard or in the case of a motorcycle,
one motor vehicle sticker, of blue which shall be imprinted with the white international
symbol of access, certificate number, the words "Rhode Island Disability Parking Permit�
and shall bear the expiration date upon its face. A placard or motorcycle sticker
issued to a person whose disability is temporary shall be substantially similar to
that issued to a person with a permanent or long term disability. The temporary placard,
however, shall be a red placard with a white international symbol of access, certificate
number, the words "Rhode Island Disability Parking Permit� and shall bear the expiration
dates upon its face. A preliminary placard shall be similar to that issued to a person
with a permanent, long-term, or temporary disability. The preliminary placard shall
be effective for twenty-one (21) days, and may be issued by an applicant's licensed
physician, if in the medical provider's opinion the applicant's medical condition
merits the issuance of a preliminary placard while the division considers the applicant's
qualifications for any type of disability parking permit. The preliminary placard
shall be an orange placard with a white international symbol of access, certificate
number, the words "Rhode Island Disability Parking Permit� and shall bear the expiration
date upon its face and shall be displayed on the dashboard of the vehicle in a manner
that it is clearly visible from the front. The division of motor vehicles shall promulgate
rules governing the issuance and use of preliminary placards. Applicants shall not
be charged any fee associated with the issuance of a preliminary placard. Physicians
submitting false information to the division of motor vehicles to obtain a preliminary
placard on anyone's behalf may be subject to the penalties set forth in § 11-18-1.3. Persons issued a placard or motorcycle sticker pursuant to this section shall be
entitled to the immunities of §§ 31-28-4 and 31-28-6. The placard shall conform to the Uniform Parking System for Disabled Drivers standard
issued by the United States Department of Transportation. If an application for a
placard or motorcycle sticker is denied, the division of motor vehicles shall promptly
notify the applicant in writing, stating the specific reason(s) for the denial, and
advising the applicant of the procedures for requesting a hearing to appeal the denial.
Prior to the appeal hearing, the applicant shall be provided with any and all documents
relied upon by the division in denying the application. If an application contains
a physician certification that the applicant is sufficiently disabled to require a
placard or motorcycle sticker, and the division has not provided specific reasons
in its denial letter to the applicant, the hearing officer shall summarily order that
a placard or motorcycle sticker be provided to the applicant. At all other hearings
of application denials where a physician certification has been provided, the division
shall bear the burden of proof that the individual is not entitled to a placard or
motorcycle sticker pursuant to this chapter.
(b) A placard issued pursuant to this section shall be portable and used only when the
person is being transported. The placard is to be hung from the rear view mirror so
as to be seen through the front or rear windshield of the motor vehicle. A placard
may be issued to a person with a disability who does not own a motor vehicle, to be
used only when he or she is being transported. A motorcycle sticker issued pursuant
to this section shall not be portable and shall be affixed to the rear plate of the
motorcycle.
(c)(1) The certificate of entitlement to the placard or motorcycle sticker shall be renewed
every six (6) years for individuals with a long-term disability, as defined in subsection
(d) of this section, and the renewal application shall require a physician's certification
that the condition has not changed since the previous approval, and six (6) years
for individuals with a permanent disability as defined in subsection (h) of this section,
in accordance with a schedule prepared by the division of motor vehicles that uses
the last name of an individual to determine the month of renewal. If an application
or subsequent renewal is accompanied by a physician's certification that the applicant's
condition is a chronic, permanent impairment and that application is approved, then
any subsequent renewal shall be authorized upon receipt of a notarized affidavit from
the applicant or applicant's, guardian or legal representative or a certificate from
the applicant's physician that his or her condition has not changed since the previous
approval.
(2) The certificate of entitlement to the placard or motorcycle sticker shall be covered
with plastic or similar material. The applicant shall, upon timely renewal, receive
a sticker bearing the expiration date of the certificate of entitlement to be affixed
across the expiration date of the disability parking privilege placard or in the case
of a motorcycle the applicant shall receive a new motorcycle sticker. The division
of motor vehicles shall establish rules and regulations allowing for the renewal of
the certificates of entitlement by mail.
(3) Whenever the division of motor vehicles proposes to suspend, revoke or fail to renew
the certificate of entitlement for noncompliance with the requirements of this section
or for violation of subsection (h) of this section, the individual shall first be
entitled to a hearing before the division of motor vehicles to contest the proposed
action. At the hearing, the division of motor vehicles shall bear the burden of proof
that the individual is not entitled to the placard or motorcycle sticker pursuant
to this chapter. There shall be no renewal fee charged for the placards or motorcycle
sticker. The division of motor vehicles shall be authorized to issue a temporary disability
parking privilege placard or motorcycle sticker immediately upon receipt of an application
for individuals with a temporary impairment, as defined in subsection (h) of this
section. A temporary placard or motorcycle sticker shall be valid for sixty (60) days
from the date of issuance. Temporary placards or motorcycle stickers may be renewed
for a period of one year or less, as determined by the medical advisory board upon
application if the disability persists. The division of motor vehicles shall subsequently
review the applications in accordance with the procedures currently in effect as to
applications from persons whose disability is long term. Any issuance which, after
subsequent review, shall be found to be inappropriate shall be revoked and notice
of the revocation shall be sent to the applicant.
(d) A person, other than a person with a disability, who for his or her own purposes uses
the parking privilege placard, shall be fined five hundred dollars ($500) for each
violation. A person issued a special placard who uses the placard after expiration,
or who shall allow unauthorized use of the disability parking placard or sticker,
may be subject to immediate revocation of the use of the placard by the division of
motor vehicles, and subject to a fine of five hundred dollars ($500).
(e) Disability parking spaces shall be designated and identified by the posting of signs
above ground level incorporating the international symbol of access of white on blue,
and the words "Handicapped Parking,� "Disability Parking,� "Disabled Parking,� or
"Reserved Parking� at each space, at both ends of a row or series of adjacent disability
parking spaces, or at the entrance to a parking lot restricted to only disability
parking.
(f) A person, other than a person issued a special placard or motorcycle sticker pursuant
to this section, who parks a vehicle in a parking space designated for persons with
disabilities, shall be fined: (1) one hundred dollars ($100) for a first violation,
(2) one hundred seventy-five dollars ($175) for a second violation, and (3) three
hundred twenty-five dollars ($325) for a third or subsequent violation. The vehicle
may be subject to towing at the owner's expense. Provided further, that it shall not
be unlawful for a person to park a vehicle in a space designated for person with disabilities
if that person is transporting a person who has been issued a special placard and
is properly displaying the placard on the vehicle.
(g) Enforcement of the parking provisions of this section shall be enforced by the local
or state authorities on public or private property when the location of the parking
spaces is within the purview of the State Building Code, chapter 27.3 of title 23.
(h) Definitions. For the purpose of this section:
(1) "Disabled� or "disability� means a permanent or long-term impairment which prevents
or impedes walking, which shall include but not be limited to: (i) an impairment which
prevents walking and requires use of a wheelchair; (ii) an impairment which involuntarily
causes difficulty or insecurity in walking or climbing stairs with or without the
need to use braces, crutches, canes or artificial support; (iii) an impairment caused
by amputation, arthritis, blindness (including legally blind), or orthopedic condition;
(iv) an impairment in respiratory, circulatory, or neurological health which limits
the person's walking capability; or (v) disabled veteran, pursuant to § 31-6-8 after certification of eligibility from the Veterans' Administration or other satisfactory
documentation of eligibility is presented. Persons with disabilities may be capable
of working or may be presently working.
(2) "Long-term disability� means an impairment which is potentially reversible or may
improve with appropriate medical treatment. At the time of application and or renewal,
the impairment should not be expected to improve prior to the expiration of the certification,
to a point where the individual does not meet the provisions of subdivision (1) of
this subsection.
(3) "Permanent disability� means an impairment which is non-reversible.
(4) "Temporary impairment� means an impairment which is expected to improve to a point
where the individual does not meet the provisions of subdivision (1) of this subsection,
within two (2) years of the application.
(i) The department of revenue shall inform each licensed driver of the certificate procedures
and parking restrictions of this section and §§ 31-28-4 and 31-28-6, and a facsimile of the portable placards and motorcycle stickers issued under this
section shall be sent to the enforcing authority of each state, and each enforcing
authority shall be informed of the parking restrictions of this section and §§ 31-28-4 and 31-28-6. Recipients of disability parking privilege placards shall also receive instructions
on their use and the penalties for misuse, when the placard is initially issued.
(j) Any person who makes, manufactures, offers for sale or knowingly uses a counterfeit
parking privilege placard shall be fined up to five hundred dollars ($500) and/or
forty (40) hours of community restitution.