49-410. SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY — PARKING PRIVILEGES — PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS — ENFORCEMENT. (1) Any person with a disability as defined in section 49-117, Idaho Code, or any parent or guardian of a dependent child with a disability as defined in section 49-117, Idaho Code, without regard to the age of the dependent child, shall be eligible for the use of special license plates bearing the international accessible symbol, for any vehicle owned by such person or owned by a qualified parent or guardian, but excluding any commercial vehicle with a registered maximum gross weight over twenty-six thousand (26,000) pounds. The parking privileges granted under the provisions of subsection (7) of this section shall apply to any vehicle displaying special license plates or placard issued pursuant to this section.

(2) Registration and license plate fees for vehicles owned by a person with a disability or qualified parent or guardian of a dependent child with a disability, shall be as provided, respectively, in sections 49-402, 49-434(1) and 49-450, Idaho Code. Nothing in this section shall be construed as abrogating provisions of section 49-445, Idaho Code. The use of the special placard issued under the provisions of subsection (4) of this section, shall not exempt the owner of a motor vehicle from otherwise properly registering and licensing the motor vehicle.

(3) Special license plates for persons with a disability and for the parent or guardian of a dependent child with a disability, shall be the same size and color as other license plates, and shall have displayed upon them the registration numbers assigned to the vehicle and to the owner. The plates shall be numbered in a manner prescribed by the department, but the plates shall display the international accessible symbol.

International Accessible Symbol

(4) The department shall issue a special placard bearing the international accessible symbol and other information the department may require, to:

(a) Any qualified person with a disability who does not own a motor vehicle;

(b) Any qualified person with a disability who owns a motor vehicle, without regard to weight or use of the vehicle;

(c) Any parent or guardian of a dependent child with a disability who owns a motor vehicle without regard to weight or use of the vehicle;

(d) Any business entity which is engaged in transportation of persons with a disability, which business shall not be required to submit a physician’s certification. In addition to other application requirements, a business applicant shall sign a declaration that he is engaged in the transportation of persons with a disability. A business entity may include, but not be limited to, hospitals, nursing homes, federal, state and local governmental agencies and taxicabs.

(5) Any person or business issued a special placard shall affix the special placard to a motor vehicle in a conspicuous place designated by the department. The placard shall bear distinguishing marks, letters or numerals indicating the vehicle is utilized by a permanently disabled person. When the placard is affixed to a motor vehicle and the motor vehicle is transporting a person with a disability, special parking privileges are granted as provided in subsection (7) of this section.

(6) Application for special license plates, a special placard, or both as applicable and at the option of the applicant, shall be made upon a form furnished by the department and shall include a written certification by a licensed physician, licensed physician assistant, or licensed advanced practice professional nurse verifying that the applicant’s stated impairment qualifies as a disability according to the provisions of section 49-117, Idaho Code.

(7) Any motor vehicle displaying special license plates for a person with a disability, without regard to the state of residence or displaying the special placard provided in subsections (4) and (8) of this section, shall be allowed to park for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted, to park in spaces and zones designated for persons with a disability, and to park in any public parking space with metered parking without being required to pay any parking meter fee. The provisions of this subsection shall not be applicable to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles, to areas where vehicular parking is prohibited for periods in excess of forty-eight (48) hours, or to areas where parking is prohibited for certain periods of time in order to allow snow removal, street construction or maintenance or for other emergency purposes. Nothing herein shall prohibit the designation of parking spaces for use by disabled persons for unlimited periods of time.

(8) Any person who shall submit satisfactory proof to the department that he is so temporarily disabled as defined in section 49-117(7)(b), Idaho Code, shall be entitled to receive for one (1) motor vehicle only, a special placard to be affixed to a motor vehicle in a conspicuous place designated by the department, bearing distinguishing marks, letters or numerals indicating that the vehicle is utilized by a temporarily disabled person. This special temporary placard shall be valid between one (1) and six (6) months depending on the written authorization of the licensed physician, licensed physician assistant, or licensed advanced practice professional nurse and as specified by the department on the placard.

(9) Any use of the plate or placard by any person other than those meeting the definition of disability under section 49-117(7)(b), Idaho Code, or as otherwise authorized by this section, to obtain parking shall constitute an infraction punishable by a fine of one hundred dollars ($100).

(10) Any person who unlawfully possesses, sells, copies, duplicates, distributes, manufactures or aids and abets in the unlawful possession, sale, copying, duplicating, distributing or manufacturing of a special plate or placard is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both. The court shall also impose as a term of the sentence a period not to exceed forty (40) hours of community service provided to a nonprofit organization which serves people with disabilities. The unlawfully obtained special plate or placard shall be subject to confiscation by law enforcement officials. Following conviction or dismissal, the special plate or placard confiscated by law enforcement shall be sent to the department.

Law enforcement officials and/or their designees as authorized by a city or county shall enforce the provisions of subsections (1) through (9) of this section and are empowered, using reasonable discretion, to check personal identification to determine if the user of the plate or placard is authorized to use accessible parking privileges. Any fines collected shall be retained by the city or county whose law enforcement official issued the citation.

History:

[49-410, added 1988, ch. 265, sec. 79, p. 613; am. 1989, ch. 310, sec. 15, p. 789; am. 1990, ch. 159, sec. 1, p. 346; am. 1992, ch. 35, sec. 12, p. 117; am. 1994, ch. 264, sec. 4, p. 818; am. 1995, ch. 246, sec. 1, p. 815; am. 1998, ch. 113, sec. 7, p. 422; am. 1999, ch. 309, sec. 2, p. 768; am. 2000, ch. 32, sec. 1, p. 59; am. 2000, ch. 87, sec. 11, p. 197; am. 2003, ch. 162, sec. 2, p. 457.]