South Carolina General Assembly
106th Session, 1985-1986

Bill 2161


                    Current Status

Bill Number:               2161
Ratification Number:       620
Act Number:                530
Introducing Body:          House
Subject:                   Relating to the issuance of special
                           license tags for disabled persons
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A530, R620, H2161)

AN ACT TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS FOR DISABLED PERSONS, SO AS TO AUTHORIZE THE ISSUANCE OF THE TAGS FOR A PERSON DISABLED BY AN IMPAIRMENT IN MOBILITY AND TO REQUIRE A LICENSED PHYSICIAN TO CERTIFY AS TO THE SEVERITY OR THE PERMANENCY OF MOBILITY IMPAIRMENT; TO AMEND SECTION 56-3-1950 (ACT 462 OF 1978), AS AMENDED, RELATING TO DEFINITIONS IN THE PROVISIONS ALLOWING FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO REVISE THE DEFINITION OF "HANDICAPPED"; TO AMEND SECTION 56-3-1960 (ACT 462 OF 1978), RELATING TO DISPLAY OF SPECIAL PLACARDS AND LICENSE PLATES BY HANDICAPPED PERSONS, SO AS TO REQUIRE A LICENSED PHYSICIAN TO CERTIFY THAT THE HANDICAP IS PERMANENT FOR THE ISSUANCE OF A LICENSE PLATE, WHETHER THE HANDICAP IS TEMPORARY OR PERMANENT FOR THE ISSUANCE OF A PLACARD, AND THE LENGTH OF TIME OF A TEMPORARY HANDICAP AND TO PROVIDE THE CONDITIONS UNDER WHICH NEITHER A LICENSE PLATE NOR PLACARD MAY BE DENIED; AND TO AMEND SECTION 56-3-1970 (ACT 462 OF 1978), RELATING TO PENALTIES FOR VIOLATING THE PARKING PRIVILEGES OF HANDICAPPED PERSONS, SO AS TO INCREASE THE MONETARY PENALTY FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

Special license tag

SECTION 1. Section 56-3-1910 of the 1976 Code, as last amended by an act of 1986 bearing ratification number 575, is further amended to read:

"Section 56-3-1910. Upon payment of the regular motor vehicle license fee, the South Carolina Department of Highways and Public Transportation may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. Each application for the license must be accompanied by the certificate of a licensed physician as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment."

Definitions

SECTION 2. Sections 56-3-1950 and 56-3-1970 (Sections 1 and 3 of Act 462 of 1978) of the 1976 Code, as last amended by Act 72 of 1983, and Section 56-3-1960 (Section 2 of Act 462 of 1978) of the 1976 Code are further amended to read:

"Section 56-3-1950. As used in this article:

(1) 'Department' means the South Carolina Department of Highways and Public Transportation.

(2) 'Handicapped' means any person who (a) has an obvious physical disability that impairs the ability to walk or requires the use of a wheelchair, braces, walkers, or crutches, (b) has lost the use of one or both legs, (c) suffers from lung disease to such an extent that he is unable to walk without the aid of a respirator, (d) is disabled by an impairment in mobility, or (e) is determined by the Social Security Administration or the Veterans Administration to be totally and permanently disabled. A licensed physician shall certify that the total and permanent disability substantially impairs the ability to walk.

Section 56-3-1960. (1) Any person who is handicapped as defined in this act must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege a vehicle must display a distinguishing license plate which must be issued by the department for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department, and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate, as required by this subsection.

(2) Any person who is handicapped as defined in this article may apply to the department for issuance of a temporary or permanent distinguishing placard to be designed by the department. The placard must be at least six inches by twelve inches in size and must display information the department considers necessary for enforcement purposes. The placard must be used on vehicles transporting the disabled person in lieu of the distinguishing license plate issued pursuant to subsection (1) of this section. When the placard is displayed on the driver's side dashboard of a vehicle, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (1) of this section are applicable to the vehicle. The department shall establish procedures for the issuance of distinguishing placards, and the procedures shall permit applicants to apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this act. The physician shall state on the certificate whether the applicant is handicapped temporarily or permanently. If the applicant is temporarily handicapped, the physician shall state the length of time for which the applicant is temporarily handicapped. No applicant may be denied a placard if the applicant follows the procedures established by the department and if the completed application is accompanied by a licensed physician's certificate, as required by this subsection. The department shall charge a fee of one dollar a placard and may issue two placards to an applicant upon request.

Section 56-3-1970. It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960.

It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.

Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.