0001| SENATE BILL 58 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| MARY JANE M. GARCIA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PERSONS WITH DISABILITIES; CHANGING CERTAIN | 0012| PROVISIONS RELATED TO DESIGNATED DISABLED PARKING; AMENDING | 0013| AND ENACTING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. A new section of the Motor Vehicle Code is | 0017| enacted to read: | 0018| "[|NEW MATERIAL|] LONG-TERM CARE FACILITY PLACARDS-- | 0019| DEPOSITS--MISDEMEANOR PENALTIES.-- | 0020| A. Upon application to the division, accompanied | 0021| by a payment of two hundred fifty dollars ($250), an | 0022| administrator of a long-term care facility licensed by the | 0023| department of health may be granted one parking placard for a | 0024| long-term care facility in this state under his direct | 0025| supervision for use in the transport of persons with severe | - 1 - 0001| mobility impairments as defined in Subsection H of Section | 0002| 66-3-16 NMSA 1978 in situations where it is impractical for | 0003| the person being transported to obtain and use his own parking | 0004| placard. | 0005| B. A person who uses a long-term care facility's | 0006| parking placard when not engaged in the transport of a person | 0007| with a severe mobility impairment or an administrator who | 0008| knowingly allows such use of the parking placard in violation | 0009| of Subsection A of this section is guilty of a misdemeanor and | 0010| shall be sentenced pursuant to the provisions of Section | 0011| 66-8-7 NMSA 1978." | 0012| Section 2. Section 3-51-46 NMSA 1978 (being Laws 1973, | 0013| Chapter 22, Section 3) is amended to read: | 0014| "3-51-46. PASSENGER MOTOR VEHICLE OF DISABLED PERSON-- | 0015| PARKING PRIVILEGE.--Passenger motor vehicles owned by | 0016| ~[disabled]~ persons |with severe mobility impairment| and | 0017| carrying special registration plates |or passenger motor | 0018| vehicles carrying persons with severe mobility impairment or | 0019| severe visual impairment and displaying parking placards| | 0020| issued pursuant to Section ~[64-3-12.3 NMSA 1953]~ |66-3-16 | 0021| NMSA 1978| shall be permitted to park for unlimited periods of | 0022| time in parking zones restricted as to length of time parking | 0023| is normally permitted and are exempt from payment of any | 0024| parking meter |or parking authorization| fee of the state or | 0025| its political subdivisions. The provisions of this section | - 2 - 0001| shall prevail over any other law, regulation or local | 0002| ordinance but do not apply to zones where stopping, standing | 0003| or parking is prohibited, zones reserved for special types of | 0004| vehicles, zones where parking is prohibited during certain | 0005| hours of the day in order to facilitate traffic during those | 0006| hours when parking is prohibited and zones subject to similar | 0007| regulation because parking presents a traffic hazard." | 0008| Section 3. Section 66-1-4.1 NMSA 1978 (being Laws 1990, | 0009| Chapter 120, Section 2) is amended to read: | 0010| "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle | 0011| Code: | 0012| A. "abandoned vehicle" means a vehicle or motor | 0013| vehicle that has been determined by a New Mexico law | 0014| enforcement agency: | 0015| (1) to have been left unattended on either | 0016| public or private property for at least thirty days; | 0017| (2) not to have been reported stolen; | 0018| (3) not to have been claimed by any person | 0019| asserting ownership; and | 0020| (4) not to have been shown by normal record | 0021| checking procedures to be owned by any person; | 0022| |B. "access aisle" means an accessible pedestrian | 0023| space of at least sixty inches in width that allows side | 0024| access the length of its adjacent designated disabled parking | 0025| space and is marked with blue striping; provided that van- | - 3 - 0001| accessible access aisles shall be at least ninety-six inches | 0002| in width;| | 0003| ~[B.]~ |C.| "additional place of business", for | 0004| dealers and wreckers of vehicles, means locations in addition | 0005| to an established place of business as defined in Section | 0006| 66-1-4.5 NMSA 1978 and meeting all the requirements of an | 0007| established place of business, except Paragraph (5) of | 0008| Subsection B of Section 66-1-4.5 NMSA 1978, but "additional | 0009| place of business" does not mean a location used solely for | 0010| storage and that is not used for wrecking, dismantling, sale | 0011| or resale of vehicles; | 0012| ~[C.]~ |D.| "alcoholic beverages" means any and | 0013| all distilled or rectified spirits, potable alcohol, brandy, | 0014| whiskey, rum, gin, aromatic bitters or any similar alcoholic | 0015| beverage, including all blended or fermented beverages, | 0016| dilutions or mixtures of one or more of the foregoing | 0017| containing more than one-half of one percent alcohol but | 0018| excluding medicinal bitters; and | 0019| ~[D.]~ |E.| "authorized emergency vehicle" means | 0020| any fire department vehicle, police vehicle, ambulance and any | 0021| emergency vehicles of municipal departments or public | 0022| utilities that are designated or authorized as emergency | 0023| vehicles by the director of the New Mexico state police | 0024| division of the department of public safety or local | 0025| authorities." | - 4 - 0001| Section 4. Section 66-1-4.4 NMSA 1978 (being Laws 1990, | 0002| Chapter 120, Section 5, as amended) is amended to read: | 0003| "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle | 0004| Code: | 0005| A. "day" means calendar day, unless otherwise | 0006| provided in the Motor Vehicle Code; | 0007| B. "dealer", except as herein specifically | 0008| excluded, means any person who sells or solicits or advertises | 0009| the sale of new or used motor vehicles, manufactured homes or | 0010| trailers subject to registration in this state; "dealer" does | 0011| not include: | 0012| (1) receivers, trustees, administrators, | 0013| executors, guardians or other persons appointed by or acting | 0014| under judgment, decree or order of any court; | 0015| (2) public officers while performing their | 0016| duties as such officers; | 0017| (3) persons making casual sales of their own | 0018| vehicles; | 0019| (4) finance companies, banks and other | 0020| lending institutions making sales of repossessed vehicles; or | 0021| (5) licensed brokers under the Manufactured | 0022| Housing Act who, for a fee, commission or other valuable | 0023| consideration, engage in brokerage activities related to the | 0024| sale, exchange or lease purchase of pre-owned manufactured | 0025| homes on a site installed for a consumer; | - 5 - 0001| C. "declared gross weight" means the maximum gross | 0002| vehicle weight or combination gross vehicle weight at which a | 0003| vehicle or combination will be operated during the | 0004| registration period, as declared by the registrant for | 0005| registration and fee purposes; the vehicle or combination | 0006| shall have only one declared gross weight for all operating | 0007| considerations; | 0008| D. "department" means the taxation and revenue | 0009| department, the secretary of taxation and revenue or any | 0010| employee of the department exercising authority lawfully | 0011| delegated to that employee by the secretary; | 0012| E. "designated disabled parking space" means any | 0013| space marked and reserved for the parking of a passenger | 0014| vehicle that carries registration plates or a placard | 0015| indicating disability in accordance with Section 66-3-16 NMSA | 0016| 1978; such a place shall be designated by a conspicuously | 0017| posted sign bearing the international disabled symbol of a | 0018| wheelchair ~[or]~ |and| by a clearly visible depiction of this | 0019| symbol painted on the pavement of the space |and an access | 0020| aisle adjacent to the space; provided that two designated | 0021| disabled parking spaces may share a common access aisle|; | 0022| F. "director" means the secretary; | 0023| G. "disqualification" means a prohibition against | 0024| driving a commercial motor vehicle; | 0025| H. "distinguishing number" means the number | - 6 - 0001| assigned by the department to a vehicle whose identifying | 0002| number has been destroyed or obliterated or the number | 0003| assigned by the department to a vehicle that has never had an | 0004| identifying number; | 0005| I. "distributor" means any person who distributes | 0006| or sells new or used motor vehicles to dealers and who is not | 0007| a manufacturer; | 0008| J. "division", without further specification, | 0009| "division of motor vehicles" or "motor vehicle division" means | 0010| the department; | 0011| K. "driver" means every person who drives or is in | 0012| actual physical control of a motor vehicle, including a | 0013| motorcycle, upon a highway, who is exercising control over or | 0014| steering a vehicle being towed by a motor vehicle or who | 0015| operates or is in actual physical control of an off-highway | 0016| motor vehicle; | 0017| L. "driver's license" means a license or a class | 0018| of license issued by a state or other jurisdiction to an | 0019| individual that authorizes the individual to drive a motor | 0020| vehicle; and | 0021| M. "driveaway-towaway operation" means ~[any]~ | 0022| |an| operation in which ~[any]~ |a| motor vehicle, new or | 0023| used, is the item being transported when one set or more of | 0024| wheels of any such motor vehicle is on the roadway during the | 0025| course of transportation, whether or not the motor vehicle | - 7 - 0001| furnishes the motive power." | 0002| Section 5. Section 66-1-4.14 NMSA 1978 (being Laws 1990, | 0003| Chapter 120, Section 15, as amended) is amended to read: | 0004| "66-1-4.14. DEFINITIONS.--As used in the Motor Vehicle | 0005| Code: | 0006| A. "park" or "parking" means the standing of a | 0007| vehicle, whether occupied or not, other than temporarily for | 0008| the purpose of and while actually engaged in loading and | 0009| unloading; | 0010| B. "parking lot" means a parking area ~[containing | 0011| fifteen or more parking spaces]~ provided for the ~[free]~ use | 0012| of patrons of any office of state or local government or of | 0013| any public accommodation, retail or commercial establishment; | 0014| C. "parts car" means a motor vehicle generally in | 0015| ~[nonoperable]~ |inoperable| condition that is owned by a | 0016| collector to furnish parts that are usually ~[nonobtainable]~ | 0017| |unobtainable| from normal sources, thus enabling a collector | 0018| to preserve, restore and maintain a motor vehicle of historic | 0019| or special interest; | 0020| D. "pedestrian" means any natural person on foot; | 0021| E. "person" means every natural person, firm, | 0022| copartnership, association, corporation or other legal entity; | 0023| F. "personal information" means information that | 0024| identifies an individual, including an individual's | 0025| photograph, social security number, driver identification | - 8 - 0001| number, name, address other than zip code, telephone number | 0002| and medical or disability information, but "personal | 0003| information" does not include information on vehicles, vehicle | 0004| ownership, vehicular accidents, driving violations or driver | 0005| status; | 0006| G. "pneumatic tire" means every tire in which | 0007| compressed air is designed to support the load; | 0008| H. "pole trailer" means any vehicle without motive | 0009| power, designed to be drawn by another vehicle and attached to | 0010| the towing vehicle by means of a reach or pole or by being | 0011| boomed or otherwise secured to the towing vehicle and | 0012| ordinarily used for transporting long or irregularly shaped | 0013| loads such as poles, structures, pipes and structural members | 0014| capable, generally, of sustaining themselves as beams between | 0015| the supporting connections; | 0016| I. "police or peace officer" means every officer | 0017| authorized to direct or regulate traffic or to make arrests | 0018| for violations of the Motor Vehicle Code; | 0019| J. "private road or driveway" means every way or | 0020| place in private ownership used for vehicular travel by the | 0021| owner and those having express or implied permission from the | 0022| owner, but not other persons; and | 0023| K. "property owner" means the owner of a piece of | 0024| land or the agent of that property owner." | 0025| Section 6. Section 66-3-16 NMSA 1978 (being Laws 1978, | - 9 - 0001| Chapter 35, Section 36, as amended) is amended to read: | 0002| "66-3-16. |SEVERE MOBILITY IMPAIRMENT|--SPECIAL | 0003| REGISTRATION PLATES--~[DISABLED PERSONS--DISPLAY DEVICE]~ | 0004| |PARKING PLACARDS|.-- | 0005| A. The division shall issue distinctive | 0006| registration plates to any ~[disabled]~ person |with severe | 0007| mobility impairment| who so requests and who proves | 0008| satisfactorily to the division that he has suffered the loss | 0009| |of|, or the complete and total loss of use of one or both | 0010| legs at or above the ankle or of one or both arms at or above | 0011| the wrist for use on motor vehicles owned by the person. No | 0012| fee in addition to the regular registration fee, if any, | 0013| applicable to the motor vehicle shall be collected for | 0014| issuance of special registration plates pursuant to this | 0015| section. | 0016| B. No person shall falsely represent himself to | 0017| ~[be disabled]~ |have a severe mobility impairment or severe | 0018| visual impairment so| as to be eligible to be issued special | 0019| registration plates or ~[display devices]~ |a parking placard| | 0020| pursuant to this section when he is in fact not ~[disabled]~ | 0021| |severely mobility impaired or severely visually impaired|. | 0022| |C.| Upon notice and opportunity to be heard, | 0023| |scheduled within forty-five days of a complaint filed by the | 0024| governor's committee on concerns of the handicapped or another | 0025| concerned person|, the division may revoke and demand return | - 10 - 0001| of any placard when |it is found that|: | 0002| (1) it was issued in error or with false | 0003| information; | 0004| (2) the person receiving the placard is no | 0005| longer eligible; or | 0006| (3) the placard is being used by ineligible | 0007| persons. | 0008| ~[C.]~ |D.| Upon written application to the | 0009| division accompanied by a medical statement by a licensed | 0010| physician attesting to the ~[disability]~ |severe mobility | 0011| impairment or severe visual impairment|, a resident of the | 0012| state who has a ~[disability]~ |severe mobility impairment| | 0013| that limits or impairs the ability to walk ~[as provided in | 0014| Subsection G of this section]~ |or a severe visual impairment| | 0015| may apply for and be granted the issuance of ~[a placard]~ | 0016| |not more than two parking placards| for display upon a motor | 0017| vehicle registered to him or motor vehicle owned by another | 0018| person who is transporting him. The director may charge a | 0019| reasonable fee to cover the cost of the placard and of its | 0020| issuance. The fee shall be retained by the division and shall | 0021| be appropriated to the division for expenditures incurred in | 0022| the implementation of the placard replacement program. |The | 0023| application shall provide for a certification of permanence of | 0024| the severe mobility impairment or severe visual impairment | 0025| that, if indicated by the signing physician, shall preclude | - 11 - 0001| the necessity of subsequent medical certifications on | 0002| renewals. The application for a parking placard shall be | 0003| deemed to be a waiver of the doctor-patient privilege of | 0004| confidentiality to the minimum extent necessary to verify the | 0005| information contained in the application, and the application | 0006| shall advise the applicant of this waiver.| | 0007| ~[D.]~ |E.| A |parking| placard issued pursuant to | 0008| this section shall expire ~[in no more than two years]~ |on | 0009| the same date that the holder's driver's license or | 0010| identification card expires|. | 0011| ~[E.]~ |F.| The division shall issue two-sided | 0012| hanger-style |parking| placards with the following | 0013| characteristics: | 0014| (1) the international symbol of access shall | 0015| be displayed on both sides of the |parking| placard and shall | 0016| be at least three inches in height, centered on the |parking| | 0017| placard and white on a blue ~[shield]~ |field|; | 0018| (2) ~[an identification number enabling the | 0019| division to identify]~ |an indelible imprinting of the | 0020| driver's license or identification card number of| the holder | 0021| of each |parking| placard. The division shall maintain this | 0022| information, |including permanence of the severe mobility | 0023| impairment or severe visual impairment|, in a readily | 0024| retrievable format |in the same data base as used for | 0025| recording driver's license information| and make it available | - 12 - 0001| on demand to any law enforcement agency |or the governor's | 0002| committee on concerns of the handicapped|; | 0003| (3) the date of expiration; and | 0004| (4) the division seal or other identification | 0005| of the issuing authority. | 0006| ~[F.]~ |G.| Upon written application to the | 0007| division accompanied by a medical statement from a licensed | 0008| physician attesting to a temporary ~[disability]~ |severe | 0009| visual impairment or severe mobility impairment|, a person, | 0010| |whether resident or nonresident|, who has a temporary | 0011| ~[disability]~ |severe visual impairment or severe mobility | 0012| impairment| that limits or impairs the ability to walk may be | 0013| issued a temporary |parking| placard, which shall be | 0014| distinguishable |in color and| in appearance from |parking| | 0015| placards valid for ~[two]~ |four| years. The medical | 0016| statement shall include the period of time that the physician | 0017| determines the applicant will have the ~[disability]~ |severe | 0018| visual impairment or severe mobility impairment|. A temporary | 0019| |parking| placard issued pursuant to this section shall be | 0020| valid no more than six months. | 0021| ~[G.]~ |H.| For the purpose of obtaining a | 0022| |parking| placard, a person with a ~["disability that limits | 0023| or impairs the ability to walk"]~ "|severe mobility | 0024| impairment|" means the person: | 0025| (1) cannot walk one hundred feet without | - 13 - 0001| stopping to rest; | 0002| (2) cannot walk without the use of a brace, a | 0003| cane, a crutch, another person, a prosthetic device, a | 0004| wheelchair or another assistive device; | 0005| (3) is restricted by lung disease to such an | 0006| extent that the person's forced respiratory volume, when | 0007| exhaling for one second, when measured by spirometry, is less | 0008| than one liter or the arterial oxygen tension is less than | 0009| sixty millimeters on room air at rest; | 0010| (4) uses portable oxygen; | 0011| (5) has a severe cardiac condition; or | 0012| (6) is so severely limited in his ability to | 0013| walk due to an arthritic, neurologic or orthopedic condition | 0014| that the person cannot ascend or descend more than ten stair | 0015| steps. | 0016| |I. For the purpose of obtaining a parking | 0017| placard, "severe visual impairment" means a person who has not | 0018| more than ten percent visual acuity in his better eye with | 0019| correction. This means a person who has: | 0020| (1) not more than twenty/two hundred central | 0021| visual acuity in his better eye after correction; or | 0022| (2) a limitation in visual field so that the | 0023| widest diameter of the visual field subtends an angle no | 0024| greater than twenty degrees. The person's blindness shall be | 0025| certified by a duly licensed ophthalmologist, subject to | - 14 - 0001| approval of the New Mexico board of medical examiners;| | 0002| ~[H.]~ |J.| Special registration plates or | 0003| |parking| placards issued to ~[the disabled]~ |a| person |with | 0004| severe mobility impairment or severe visual impairment| by | 0005| another state or foreign jurisdiction shall be granted | 0006| reciprocity while the vehicle ~[and disabled operator are]~ | 0007| |or parking placard holder is| in this state. ~[for a period | 0008| not to exceed thirty days | 0009| I.]~ |K.| All |parking| placards shall be issued | 0010| in accordance with this section beginning on July 1, ~[1995]~ | 0011| |1998|. All placards issued prior to July 1, ~[1995 shall | 0012| expire on July 1]~ 1996 |are void. Two-year placards issued | 0013| between July 1, 1996 and July 1, 1998 shall be renewed for a | 0014| period to expire on the same date as the holder's driver's | 0015| license expires|." | 0016| Section 7. Section 66-3-16.1 NMSA 1978 (being Laws 1995, | 0017| Chapter 129, Section 2) is amended to read: | 0018| "66-3-16.1. PROVIDING FALSE INFORMATION--|FALSE USE OF | 0019| PLACARD|--PENALTY--|PLACARD CONFISCATED|.-- | 0020| |A.| Any person who provides false information in | 0021| order to acquire, or who assists an unqualified person in | 0022| acquiring, a special registration plate or ~[special]~ | 0023| |parking| placard as provided in Section 66-3-16 NMSA 1978 is | 0024| guilty of a misdemeanor and shall be sentenced pursuant to the | 0025| provisions of Section ~[31-19-1]~ |66-8-7| NMSA 1978. | - 15 - 0001| |B. A person who uses a parking placard to park in | 0002| a designated disabled parking space and is neither the holder | 0003| of the parking placard nor assisting in the transportation of | 0004| the holder is guilty of a misdemeanor and shall be sentenced | 0005| pursuant to the provisions of Section 66-8-7 NMSA 1978. When | 0006| a law enforcement officer finds that a person is using a | 0007| parking placard that does not belong to him or his passenger, | 0008| the officer may confiscate the placard. The law enforcement | 0009| agency shall return the parking placard to the division. The | 0010| division shall hold the parking placard until it receives a | 0011| written request for its return from the parking placard | 0012| holder. The division shall retain a record of the | 0013| identification numbers of confiscated parking placards. | 0014| Failure to surrender the parking placard on demand of a law | 0015| enforcement officer is a petty misdemeanor and punishable by a | 0016| fine not to exceed one hundred dollars ($100).|" | 0017| Section 8. Section 66-5-408 NMSA 1978 (being Laws 1978, | 0018| Chapter 35, Section 335, as amended) is amended to read: | 0019| "66-5-408. FEES.-- | 0020| A. Upon application for an identification card, | 0021| there shall be paid to the division a fee of five dollars | 0022| ($5.00), but no fee shall be charged to an applicant for an | 0023| identification card if the applicant is at least seventy-five | 0024| years of age |or eligible for a registration plate or parking | 0025| placard pursuant to Section 66-3-16 NMSA 1978|. | - 16 - 0001| B. The department with the approval of the | 0002| governor may increase the amount of the identification card | 0003| fee by an amount not to exceed three dollars ($3.00) for the | 0004| purpose of implementing an enhanced licensing system. The | 0005| additional amounts collected pursuant to this subsection are | 0006| appropriated to the division to defray the expense of the new | 0007| system of licensing." | 0008| Section 9. Section 66-7-352.4 NMSA 1978 (being Laws | 0009| 1983, Chapter 45, Section 4) is amended to read: | 0010| "66-7-352.4. PARKING LOTS--STANDARDS.-- | 0011| A. Every parking lot coming under the provisions | 0012| of the Disabled Parking Standards and Enforcement Act shall | 0013| have designated disabled parking spaces, |including access | 0014| aisles|, as provided in Subsection B of this section | 0015| ~[provided that an office of state or local government shall | 0016| have a minimum of one such parking space]~. No building | 0017| permit shall be issued by |the state or| any local government | 0018| for the construction or substantial renovation of a commercial | 0019| building inviting public access unless the parking lot has | 0020| designated disabled parking spaces as delineated in Subsection | 0021| B of this section. | 0022| B. The minimum numbers of designated disabled | 0023| parking spaces are as follows: | 0024| TOTAL SPACES IN PARKING LOT MINIMUM DESIGNATED DISABLED | 0025| PARKING SPACES | - 17 - 0001| ~[0 to 14 0 | 0002| 15]~ |1| to 25 1 | 0003| 26 to 35 2 | 0004| 36 to 50 3 | 0005| 51 to 100 4 | 0006| 101 to 300 8 | 0007| 301 to 500 12 | 0008| 501 to 800 16 | 0009| 801 to 1,000 20 | 0010| more than 1,000 20, plus ~[3]~ | 0011| |1| for each | 0012| additional | 0013| ~[1,000]~ | 0014| |100|. | 0015| The designated disabled parking spaces shall be located so as | 0016| to provide the most convenient access to entrance ways or to | 0017| the nearest curb cut. |One of every eight designated disabled | 0018| parking spaces, but not less than one, shall be designated as | 0019| van accessible.| | 0020| |C. In parking lots with five or fewer parking | 0021| spaces, one accessible parking space shall be provided but | 0022| need not be designated by sign and pavement painting. Use of | 0023| the undesignated accessible parking space by a vehicle without | 0024| a special registration plate or parking placard shall not be a | 0025| violation of Section 66-7-352.5 NMSA 1978.|" | - 18 - 0001| Section 10. Section 66-7-352.5 NMSA 1978 (being Laws | 0002| 1983, Chapter 45, Section 5, as amended) is amended to read: | 0003| "66-7-352.5. UNAUTHORIZED USE--PENALTY.--~[A.]~ It is | 0004| unlawful for any person to park a motor vehicle not carrying | 0005| |special| registration plates or a |parking| placard | 0006| indicating ~[disability]~ |severe mobility impairment or | 0007| severe visual impairment| in accordance with Section 66-3-16 | 0008| NMSA 1978 in a designated disabled parking space ~[or blocking | 0009| a curb cut]~. |It is unlawful for any person to park a | 0010| vehicle with or without a special registration plate or | 0011| parking placard in a position that blocks a curb cut or access | 0012| aisle.| Any person who violates this subsection is subject to | 0013| a ~[fifty-dollar ($50.00)]~ |minimum three hundred dollar | 0014| ($300)| fine |and the vehicle may be towed at the owner's | 0015| expense|. | 0016| ~[B. A person charged with a violation of Subsection | 0017| A of this section shall not be determined to have committed an | 0018| infraction if he produces in court special disabled | 0019| registration plates or a placard indicating disability in | 0020| accordance with Section 66-3-16 NMSA 1978 or demonstrates he | 0021| was entitled to such at the time of the violation.]~" | 0022| Section 11. EFFECTIVE DATE.--The effective date of the | 0023| provisions of this act is July 1, 1998. | 0024|  | 0025| | - 19 -