Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes penalty for unlawfully using parking placard issued to person with qualifying disability.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parking reserved for persons with a disability and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person who knowingly parks a motor vehicle in a restricted parking space reserved for a person with a disability as defined in section 1 of P.L.1949, c.280 (C.39:4-204) while unlawfully using a temporary or permanent placard issued pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) shall be subject to a fine of up to $500 in addition to and notwithstanding the provisions of subsection o. of R.S.39:4-138. For the purposes of this act, the “unlawful use” of a temporary or permanent placard shall include, but not be limited to, the display of a temporary or permanent placard by a person:
a. other than a driver or passenger who has lawfully been issued a temporary or permanent placard in accordance with section 3 of P.L.1949, c.280 (C.39:4-206);
b. who has been issued a temporary placard pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) which has since expired following the date of issuance or renewal; or
c. who has been issued a permanent placard pursuant to section 3 of P.L.1949, c.280 (C.39:4-206) whose disability identification card has been revoked or deemed invalid under section 2 of P.L.1949, c.280 (C.39:4-205).
2. This act shall take effect immediately.
STATEMENT
This bill establishes a penalty for using a temporary or permanent handicapped parking placard that has been issued to a person with a qualifying disability.
Under current law, a person with a disability may apply to the Motor Vehicle Commission for special handicapped person identification cards. The holder of an identification card may obtain a parking placard, which is renewable every three years, to be displayed in a motor vehicle driven by or transporting the person with a disability. Additionally, a person who qualifies as being temporarily disabled may obtain a temporary placard which is valid for six months and may be renewed once for an additional six month period.
These placards entitle the driver of the motor vehicle in which the placard is displayed to park in spaces specially designated for use by any person with a disability. The law currently penalizes any person who illegally parks in a designated parking space without a placard with a fine of $250 for the first offense. A person who commits a second or subsequent offense is fined at least $250, and may serve up to 90 days of community service. If someone who does not have a disability uses another person’s permit or plates, the Motor Vehicle Commission or issuing locality may revoke the permit or plates, or deny renewal.
Under this bill, a person who unlawfully uses a temporary or permanent parking placard in order to use a handicapped parking space would be subject to a fine of up to $500. This penalty would be imposed in addition to the penalty for illegally parking in a designated parking space. The bill specifies that the unlawful use of a temporary or permanent placard includes the display of a placard by a person other than a driver with a disability or a passenger who has lawfully been issued a temporary or permanent placard. The unlawful use of a placard also includes displaying a temporary placard after it has expired, or displaying a permanent placard after a disability identification card has been revoked or deemed invalid.