HOUSE BILL 1293
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Ernest H. Chavez
AN ACT
RELATING TO MOTOR VEHICLES; CLARIFYING THE ISSUANCE AND USE OF DISABLED PERSONS REGISTRATION PLATES AND PARKING PLACARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-3-16 NMSA 1978 (being Laws 1978, Chapter 35, Section 36, as amended) is amended to read:
"66-3-16. SPECIAL REGISTRATION PLATES--DISABLED PERSONS--PARKING PLACARD.--
A. [The division shall issue distinctive registration plates to any disabled person who so requests and] A disabled person may make a written application to the division for and be issued a distinctive disabled person registration plate or disabled person parking placard for use in designated disabled parking spaces. For the purposes of this section, "disabled person" means:
(1) a person who has a permanent severe mobility impairment as defined in Subsection H of this section as attested to by a licensed physician; or
(2) a person who proves satisfactorily to the division that [he] the person has suffered the loss, or the complete and total loss of use of, one or both legs at or above the ankle or of one or both arms at or above the wrist for use on motor vehicles owned by the person.
B. No fee in addition to the regular registration fee, if any, applicable to the motor vehicle shall be collected for issuance of [special] distinctive registration plates or placards pursuant to this section.
[B.] C. No person shall falsely [represent himself] claim to be disabled so as to be eligible to be issued a special registration plate or a parking placard pursuant to this section when [he] the person is in fact not disabled. Upon notice and opportunity to be heard, the division may revoke and demand return of any placard when:
(1) it was issued in error or with false information;
(2) the person receiving the placard is no longer eligible; or
(3) the placard is being used by ineligible persons.
[C. Upon written application to the division accompanied by a medical statement by a licensed physician attesting to the permanent disability, a resident of the state who has a disability that limits or impairs the ability to walk, as provided in Subsection G of this section, may apply for and be granted the issuance of no more than]
D. A person who applies for disabled person parking placards pursuant to Subsection A of this section shall be issued two parking placards for display upon a motor vehicle registered to [him] the person or motor vehicle owned by another person who is transporting [him. The physician shall provide the division all information and records necessary to issue a permanent parking placard] the person. Once approved for use of a permanent parking placard, a person shall not be required to furnish further medical information about [his] the person's mobility impairment.
[D.] E. A parking placard issued pursuant to this section shall expire on the same date the person's license or identification card issued pursuant to Section 66-5-401 NMSA 1978 expires.
[E.] F. The division shall issue two-sided hanger-style parking placards with the following characteristics:
(1) the international symbol of access shall be displayed on both sides of the placard and shall be at least three inches in height, centered on the placard and white on a blue field;
(2) an identification number enabling the division to identify the holder of each placard. The division shall maintain this information in a readily retrievable format, provide it to the governor's [committee on concerns of the handicapped] commission on disability and make it available on demand to any law enforcement agency just as it provides vehicle registration and driver's license information;
(3) the date of expiration; and
(4) the division seal or other identification of the issuing authority.
[F.] G. Upon written application to the division accompanied by a medical statement from a licensed physician attesting to a temporary disability, a person who has a temporary disability that limits or impairs the ability to walk may be issued a temporary placard for no more than one year. The physician shall provide the division all information and records necessary to issue a temporary placard.
[G.] H. For the purpose of obtaining a placard, a person with a "severe mobility impairment" means the person:
(1) cannot walk one hundred feet without stopping to rest;
(2) cannot walk without the use of a brace, a cane, a crutch, assistance from another person, a prosthetic device, a wheelchair or another assistive device;
(3) is restricted by lung disease to such an extent that the person's forced respiratory volume, when exhaling for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty millimeters on room air at rest;
(4) uses portable oxygen;
(5) has a severe cardiac condition; or
(6) is so severely limited in [his] the person's ability to walk due to an arthritic, neurologic or orthopedic condition that the person cannot ascend or descend more than ten stair steps.
[H.] I. Special registration plates or placards issued to a disabled person [with severe mobility impairment] by another state or foreign jurisdiction shall be honored until the vehicle is registered or the placard holder establishes residency in this state.
[I.] J. All parking placards issued on or after July 1, 1999 shall be issued in accordance with the provisions of this section."
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