§ 55-21-103 — Distinguishing registration, license plates, placards - Issuance to disabled or wheelchair-confined persons - Motor vehicle rentals - Cost - Expiration

Tennessee § 55-21-103

• Jurisdiction: Tennessee
• Title: 55

Text

(a) (1) The department shall, upon application accompanied by a physician's statement or an affidavit from a Christian Science practitioner listed in The Christian Science Journal, provide and issue registration and license plates of distinctive design to disabled drivers and placards of distinctive design to disabled passengers. No physician or Christian Science practitioner shall provide a statement for use under this chapter unless the applicant therefor is disabled by one (1) or more of the conditions set out in § 55-21-102 , and the nature of the disability shall be set forth in the statement. Placards shall be personal to the disabled driver or passenger, and shall only be used by that person. Any other person using a placard commits a misdemeanor and shall be punished as provided for in § 55-21-108 . The cost of any such registration and license plates shall be paid by the disabled driver or disabled passenger. Beginning January 1, 2023, the design of registration and license plates issued pursuant to this section must incorporate the color scheme, base design, and details used on the registration and license plates issued pursuant to § 55-4-103 . The redesign of registration and license plates with the color scheme, base design, and details provided for in this subdivision (a)(1) must only be effectuated upon the existing inventory of the registration and license plates issued pursuant to this section without such color scheme, base design, and details being utilized by the department. (2) Notwithstanding subdivision (a)(1), one (1) registration and license plate per family shall be provided free to those disabled persons who use a wheelchair because of a permanent incapacity for ambulation, when so certified by a physician's statement. (3) More than one (1) registration and license plate per family shall be provided free if more than one (1) member of the family uses a wheelchair because of a permanent incapacity for ambulation and is the owner or lessee of a motor vehicle. (4) Any person qualifying under subdivisions (a)(2) and (3) is the titled owner or lessee of the vehicle. (5) Notwithstanding this subsection (a) to the contrary, an owner or lessee of a motor vehicle who is a resident of this state and is the parent or legal guardian of an individual who is permanently disabled, whose permanent disability is certified by the physician's statement, and who does not own and is incapable of operating a motor vehicle, shall receive a disabled plate upon payment of applicable fees; except, that if the individual uses a wheelchair because of a permanent incapacity for ambulation, the disabled plate must be issued free of charge. The certificate of title and registration shall remain in the name of the parent or legal guardian. In order to receive a disabled plate under this subdivision (a)(5), the parent or legal guardian shall verify under penalty of perjury upon a form prescribed by the department that the parent or guardian is the parent or legal guardian of the permanently disabled individual. (6) Notwithstanding this subsection (a) to the contrary, the department shall provide any person qualifying for a registration and license plate under subdivision (a)(1) who applies for and receives a registration and license plate in a category identified in § 55-4-203(a) or who is an owner or lessee of a motorcycle and who applies for and receives a registration and license plate in a category identified in § 55-4-203(a) that is authorized for a motorcycle pursuant to chapter 4, part 2 or 3 of this title, a decal of distinctive design to disabled drivers to affix to such plate. Registration and license plates having such a decal properly affixed shall be a recognized symbol for the purposes of this part. The cost of such decal shall be considered a cost incurred by the department of revenue in designing, manufacturing, and marketing such plate pursuant to chapter 4, part 2 of this title. (b) (1) Any person who qualifies for issuance of a distinguishing license plate, or any disabled passenger, may also apply to the department for issuance of a distinguishing placard. The placard may be used in lieu of the distinguishing license plate for parking purposes when displayed in accordance with the directions written on or supplied with the placard. The department may establish procedures for the issuance of the placards. (2) (A) Placards may be either permanent or temporary. (B) (i) Permanent placards may be issued under this part to persons who are permanently disabled and whose permanent disability is noted on the physician's statement. All placards shall be issued directly by the department. If the applicant is eligible for a disabled license plate, the placard shall be furnished without charge. If the applicant has not applied for vehicle registration, then the cost of the placard shall be the same as the regular fee for passenger motor vehicles, as provided in § 55-4-111 . Permanent placards shall be of a distinct design and color as established by the commissioner of safety. (ii) Any person who uses a wheelchair because of a permanent incapacity for ambulation and who does not own and is not physically capable of operating a motor vehicle may apply to the department for issuance of one (1) distinguishing disabled placard for the exclusive personal use of that person. This placard shall be in lieu of any disabled registration plates, and shall be provided by the department without charge to the qualified applicant, upon receipt by the department of an application accompanied by a physician's statement, as provided in subsection (a). (C) Temporary placards may be issued under this part to persons who are temporarily disabled by a nonambulatory or semi-ambulatory condition due to surgery, bone fracture or breakage, or similar condition, and whose temporary disabling condition and the estimated duration of the condition is noted on the physician's statement. Temporary placards shall be issued for the estimated duration of the condition, but not in excess of six (6) months, at a cost of ten dollars ($10.00). Temporary placards may be reissued for a similar period at the same cost. Temporary placards shall be of a different design and color than permanent placards and shall prominently note the expiration date. (3) A disabled driver may receive a second placard if there is a second car registered in the name of the disabled driver or a member of that driver's immediate family who resides with the driver. The second placard shall be issued without additional charge. The second placard shall be used to obtain disabled parking privileges only by the disabled driver. (c) The commissioner is requested to include a notice on disabled placards, if feasible, of the conditions attached to their use and the penalties for misuse, or, in the alternative, to furnish that information to recipients of the placards. (d) Upon receipt of an application by an agency transporting disabled clients, the department shall issue a placard to the agency for the sole purpose of transporting disabled clients. The number of placards issued to the agency may not exceed the number of vehicles owned and operated for the purpose of transporting disabled clients. The use of the placard or placards for any other purpose shall constitute the forfeiture of the placard or placards for the agency. (e) (1) When the recipient of a disabled parking placard dies, the placard shall be returned to the commissioner by the responsible representative of the deceased. (2) Beginning on January 1, 2025, and each year thereafter, the department shall verify that the owner of each disabled parking placard has not died. The verification shall include, but is not limited to, consultation of death records maintained by the department of health. If a recipient of a disabled parking placard is found to be deceased, then the department shall promptly invalidate the placard. (f) (1) A permanent placard as defined by subdivision (b)(2)(B), shall expire two (2) years from the date it is issued. The expiration date of the placard shall be prominently displayed on the placard. The person to whom the permanent placard is issued may renew the placard in accordance with rules established by the department. The renewal fee shall be three dollars ($3.00); provided, that there shall be no renewal fee for a person who uses a wheelchair because of a permanent incapacity for ambulation, as defined in subdivision (b)(2)(B)(ii), nor to a disabled veteran, as defined in § 55-4-256(a)(3) or (b) . Any person issued a temporary placard must submit a new certification pursuant to § 55-21-102(3)(A) or (3)(C) , prior to the department renewing the temporary placard. (2) The provisions of subdivision (f)(1), concerning the renewal fee and exemptions from the fee, shall be applicable to the renewal of existing placards. Persons who are permanently disabled shall not be required to submit certification pursuant to § 55-21-102(3)(A) or (3)(C) prior to the department's renewing the permanent placard. (g) Upon receipt of an application by an agency providing motor vehicle rentals to disabled clients, the department shall issue a placard to the agency for the sole purpose of renting accessible motor vehicles to disabled clients. The number of placards issued to the agency may not exceed the number of vehicles owned and operated for the purpose of providing accessible motor vehicle rentals to disabled clients; provided, that placards shall only be issued for vehicles permanently equipped with a wheelchair ramp or lift. The use of such placard or placards for any other purpose, or on any motor vehicle not permanently equipped with a wheelchair ramp or lift, shall be grounds for the forfeiture of the placard or placards issued to the agency in a manner otherwise consistent with this part.

Legislative History

Amended by 2024 Tenn. Acts, ch. 726,s 2, eff. 4/19/2024. Amended by 2024 Tenn. Acts, ch. 555,s 6, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 555,s 5, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 555,s 4, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 555,s 3, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 555,s 2, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 520,s 1, eff. 3/1/2024. Amended by 2023 Tenn. Acts, ch. 52, s 5, eff. 1/1/2024. Amended by 2022 Tenn. Acts, ch. 761, s 1, eff. 3/31/2022. Amended by 2016 Tenn. Acts, ch. 840, s 1, eff. 4/19/2016. Acts 1975, ch. 163, § 3; 1978, ch. 676, § 1; T.C.A., § 59-2203; Acts 1980, ch. 468, § 1; 1981, ch. 101, §§ 2, 3; 1985, ch. 260, §§ 1-3; 1986, ch. 791, §§ 1, 7, 8; 1987, ch. 203, § 1; 1988, ch. 575, § 2; 1992, ch. 947, § 4; 1993, ch. 44, §§ 1, 2; 1994, ch. 634, §§ 1-3; 1995, ch. 217, §§ 2, 3; 2004, ch. 666, §§ 3, 4; 2005, ch. 475, §§ 1, 2; 2007 , ch. 112, §§ 1, 2; 2008 , ch. 1001, § 1; 2008 , ch. 1007, § 5; 2012 , ch. 845, § 1.