§ 41-1a-420 — Disability special group license plates -- Application and qualifications -- Rulemaking.

Utah § 41-1a-420

• Jurisdiction: Utah
• Title 41: Motor Vehicles
• Ch. 41-1a: Motor Vehicle Act
• Part 41-1a-4: License Plates and Registration Indicia

Text

(1) As used in this section:
(1)(a) "Advanced practice registered nurse" means a person licensed to practice as an advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
(1)(b) "Nurse practitioner" means an advanced practice registered nurse specializing as a nurse practitioner.
(1)(c) "Physical therapist" means a person licensed to practice as a physical therapist in this state under Title 58, Chapter 24b, Physical Therapy Practice Act.
(1)(d) "Physician" means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(1)(e) "Physician assistant" means an individual licensed to practice as a physician assistant in the state under Title 58, Chapter 70a, Utah Physician Assistant Act.
(1)(f) "Temporary wheelchair user placard" means a temporary removable windshield placard that is issued to a qualifying person, as provided in this section, who has a walking disability that is not permanent.
(1)(g) "Walking disability" means a physical disability that requires the use of a walking-assistive device or wheelchair or similar low-powered motorized or mechanically propelled vehicle that is designed to specifically assist a person who has a limited or impaired ability to walk.
(1)(h) "Wheelchair user placard" means a removable windshield placard that is issued to a qualifying person, as provided in this section, who has a permanent walking disability.
(2) (2)(a) The division shall issue a disability special group license plate, a temporary removable windshield placard, or a removable windshield placard to an applicant who is either:
(2)(a)(i) a qualifying person with a disability; or
(2)(a)(ii) the registered owner of a vehicle that an organization uses primarily for the transportation of persons with disabilities that limit or impair the ability to walk.
(2)(b) The division shall issue a temporary wheelchair user placard or a wheelchair user placard to an applicant who is either:
(2)(b)(i) a qualifying person with a walking disability; or
(2)(b)(ii) the registered owner of a vehicle that an organization uses primarily for the transportation of persons with walking disabilities.
(2)(c) The division shall require that an applicant under Subsection (2)(b) certifies that the person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's walking-assistive device or wheelchair and requires a van accessible parking space.
(3) (3)(a) The person with a disability shall ensure that the initial application contains the certification of a physician, physician assistant, physical therapist, or nurse practitioner that:
(3)(a)(i) the applicant meets the definition of a person with a disability that limits or impairs the ability to walk as defined in the federal Uniform System for Parking for Persons with Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991);
(3)(a)(ii) if the person is applying for a temporary wheelchair user placard or a wheelchair user placard, the applicant has a walking disability; and
(3)(a)(iii) specifies the period of time that the physician, physician assistant, physical therapist, or nurse practitioner determines the applicant will have the disability, not to exceed six months in the case of a temporary disability or a temporary walking disability.
(3)(b) The division shall issue a disability special group license plate, a removable windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent disability.
(3)(c) The issuance of a person with a disability special group license plate does not preclude the issuance to the same applicant of a removable windshield placard or wheelchair user placard.
(3)(d) (3)(d)(i) Upon request of an applicant with a disability special group license plate, and upon payment of any applicable fee, a temporary removable windshield placard, or a removable windshield placard, the division shall issue one additional placard.
(3)(d)(ii) Upon request of a qualified applicant with a disability special group license plate, and upon payment of any applicable fee, the division shall issue up to two temporary wheelchair user placards or two wheelchair user placards.
(3)(d)(iii) Upon request of a qualified applicant with a temporary wheelchair user placard or a wheelchair user placard, and upon payment of any applicable fee, the division shall issue one additional placard.
(3)(e) The division shall ensure that a temporary wheelchair user placard and a wheelchair user placard have the following visible features:
(3)(e)(i) a large "W" next to the internationally recognized disabled persons symbol; and
(3)(e)(ii) the words "Wheelchair User" printed on a portion of the placard.
(3)(f) The division shall ensure that the following statement is included on a removable windshield placard issued on or after January 1, 2024: "Under state law, a disability placard may only be used by, or for the transportation of, the person to whom the disability placard is issued. A person who misuses another person's disability placard for parking privileges is guilty of a class C misdemeanor."
(3)(g) A disability special group license plate, temporary removable windshield placard, or removable windshield placard may be used to allow one motorcycle to share a parking space reserved for persons with a disability if:
(3)(g)(i) the person with a disability:
(3)(g)(i)(A) is using a motorcycle; and
(3)(g)(i)(B) displays on the motorcycle a disability special group license plate, temporary removable windshield placard, or a removable windshield placard;
(3)(g)(ii) the person who shares the parking space assists the person with a disability with the parking accommodation; and
(3)(g)(iii) the parking space is sufficient size to accommodate both motorcycles without interfering with other parking spaces or traffic movement.
(4) (4)(a) When a vehicle is parked in a parking space reserved for persons with disabilities, a temporary removable windshield placard, a removable windshield placard, a temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the placard is visible from the front of the vehicle.
(4)(b) If a motorcycle is being used, the temporary removable windshield placard or removable windshield placard shall be displayed in plain sight on or near the handle bars of the motorcycle.
(5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(5)(a) establish qualifying criteria for persons to receive, renew, or surrender a disability special group license plate, a temporary removable windshield placard, a removable windshield placard, a temporary wheelchair user placard, or a wheelchair user placard in accordance with this section;
(5)(b) establish the maximum number of numerals or characters for a disability special group license plate;
(5)(c) require all temporary removable windshield placardsand temporary wheelchair user placards to include:
(5)(c)(i) an identification number;
(5)(c)(ii) an expiration date not to exceedsix months for a temporary removable windshield placard; and
(5)(c)(iii) the seal or other identifying mark of the division;
(5)(d) provide an individual who qualifies for a removable windshield placard or wheelchair user placard to:
(5)(d)(i) pay a nominal administrative fee, not to exceed $5, to obtain a removable windshield placard or wheelchair user placard that is made of a durable material; or
(5)(d)(ii) obtain a removable windshield placard or wheelchair user placard at no charge and that is subject to free replacement if the placard is faded or damaged, if the individual surrenders the damaged placard;
(5)(e) establish the standards for each placard described in Subsection (5)(d), including the seal or other identifying mark of the division; and
(5)(f) establish standards for the statement required in Subsection (3)(f).
(6) The commission shall insert the following on motor vehicle registration certificates: "State law prohibits persons who do not lawfully possess a disability placard or disability special group license plate from parking in an accessible parking space designated for persons with disabilities. Persons who possess a disability placard or disability special group license plate are discouraged from parking in an accessible parking space designated as van accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."

Legislative History

Amended by Chapter 294, 2024 General Session