Allows certification of disability by the United States veterans' administration or the appeals board thereof; and includes disabled veterans and recipients of the Purple Heart as persons eligible for a metered parking exemption.
STATE OF NEW YORK
________________________________________________________________________
9663
IN ASSEMBLY
January 30, 2018
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certif-
ication of disability by the United States department of veterans
affairs, veterans' administration or appeals board, and establishing a
metered parking exemption for recipients of the Purple Heart and disa-
bled veterans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 4 of section 404-a of
2 the vehicle and traffic law, as amended by chapter 376 of the laws of
3 2015, is amended to read as follows:
4 The commissioner shall issue sets of plates to such person in accord-
5 ance with subdivision two of this section with proof of such disability
6 of such person or such members of his or her family certified by a
7 physician, physician assistant [or], nurse practitioner, or the United
8 States veterans' administration or the appeals board thereof pursuant to
9 subdivision four-c of this section, to the extent authorized by law and
10 consistent with subdivision three of section six thousand nine hundred
11 two of the education law, or podiatrist pursuant to subdivision four-a
12 of this section or optometrist pursuant to subdivision four-b of this
13 section, to the satisfaction of the commissioner who is empowered to
14 carry out the effects of this section by formulating rules and regu-
15 lations.
16 § 2. Section 404-a of the vehicle and traffic law is amended by adding
17 a new subdivision 4-c to read as follows:
18 4-c. Certification of the United States veterans' administration or
19 appeals board. An administrator duly authorized by the United States
20 veterans' administration may certify a veteran as disabled by issuance
21 of a disability certification letter or form when such letter or form is
22 connected to mobility issues.
23 § 3. Section 1203-h of the vehicle and traffic law, as added by chap-
24 ter 243 of the laws of 2007, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13451-02-8
A. 9663 2
1 § 1203-h. Metered parking waiver for certain [disabilities] persons.
2 1. The commissioner shall distribute metered parking waiver permits to
3 the governing bodies of all cities, villages and towns[; provided,
4 however, that the commissioner shall not distribute such permits to
5 cities having a population of one million or more which issue special
6 vehicle identification parking permits pursuant to paragraph fifteen of
7 subdivision a of section twenty-nine hundred three of the New York city
8 charter] which waive the payment of metered parking fees. Notwithstand-
9 ing any local law or ordinance to the contrary, such permits shall enti-
10 tle any vehicle displaying such waiver permit to park at any metered
11 parking space in any city, village or town of the state and such permits
12 shall waive metered parking fees imposed by such city or village pursu-
13 ant to paragraph nine of subdivision (a) of section sixteen hundred
14 forty of this chapter or imposed by such town pursuant to paragraph nine
15 of subdivision (a) of section sixteen hundred sixty of this chapter.
16 Provided, however, that such permit shall not waive any time limit at a
17 metered parking space imposed pursuant to paragraph nine of subdivision
18 (a) of section sixteen hundred forty of this chapter or paragraph nine
19 of subdivision (a) of section sixteen hundred sixty of this chapter that
20 is applicable to a motor vehicle parking in such metered parking space
21 without such permit.
22 2. The application, permit design, period of validity, and procedures
23 for reissuance of such waiver permits shall be as determined by the
24 commissioner.
25 3. Such waiver permits shall be issued by issuing agents appointed
26 pursuant to subdivision one of section twelve hundred three-a of this
27 article by governing bodies of cities, villages and towns [having a
28 population of less than one million] to the following persons [with
29 disabilities] who:
30 (a) are residents of New York state; and
31 (b) are residents of the city, town or village in which such issuing
32 agent is located, except that, an issuing agent, in his or her
33 discretion, may issue a permit to such a [severely disabled] person who
34 is not a resident of the city, town, or village in which such issuing
35 agent is located where such person resides in a city, town, or village
36 in which the governing body has not appointed an issuing agent; and
37 (c) hold a valid driver's license issued by New York state; and
38 (d) (i) are severely disabled persons, as defined in subdivision four
39 of section four hundred four-a of this chapter, whose severe disability,
40 as certified by a licensed physician, limits one or more of the follow-
41 ing:
42 [(i)] (A) fine motor control in both hands;
43 [(ii)] (B) ability to reach or access a parking meter due to use of a
44 wheelchair or other ambulatory device; or
45 [(iii)] (C) ability to reach a height of forty-two inches from the
46 ground due to the lack of finger, hand or upper extremity strength or
47 mobility; or
48 (ii) are disabled veterans, as defined in paragraph (b) of subdivision
49 one of section eighty-five of the civil service law; or
50 (iii) are recipients of the Purple Heart medal.
51 4. For the purposes of this section, such waiver permit shall be for
52 use exclusively in a vehicle when the person to whom it has been issued
53 is driving and unaccompanied by a person able to put payment into a
54 parking meter. Such permit shall not be transferable and shall be
55 forfeited if used by any other person. Any abuse by any person to whom
A. 9663 3
1 such waiver permit has been issued shall be sufficient cause for revoca-
2 tion of said permit.
3 5. The special metered parking waiver permit issued by the commission-
4 er shall be recognized statewide and is the only valid permit[, other
5 than a special vehicle identification parking permit issued by cities
6 having a population of one million or more pursuant to paragraph fifteen
7 of subdivision a of section twenty-nine hundred three of the New York
8 city charter,] for the waiver of metered parking fees for [certain
9 severely disabled drivers] the persons defined in subdivision three of
10 this section.
11 6. A person who knowingly and willfully, with the intent to deceive,
12 makes a false statement or gives information which such individual knows
13 to be false to a public official to obtain a metered parking waiver
14 permit in addition to any other penalty provided by law, shall be
15 subject to a civil penalty of not less than two hundred fifty dollars
16 nor more than one thousand dollars.
17 § 4. This act shall take effect immediately, except that section three
18 of this act shall take effect on the one hundred eightieth day after
19 this act shall have become a law; provided, however, that effective
20 immediately, the addition, amendment and/or repeal of any rule or regu-
21 lation necessary for the implementation of section three of this act on
22 its effective date are authorized and directed to be made and completed
23 on or before such effective date.