08 LC 34
1534S
The
House Committee on Motor Vehicles offers the following substitute to HB
961:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles, so as to change certain provisions relating to special parking permits
and license plates for persons with disabilities; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles, is
amended in Code Section 40-2-74.1, relating to special parking permits for
persons with disabilities, by revising subsections (a), (b), and (c) as
follows:
"(a)
The department shall issue parking permits for persons with disabilities and may
delegate to county tag agents the responsibility for issuance of such permits to
residents of the county served by the tag agent. The department shall receive
applications for and issue parking permits by mail to persons with disabilities
upon presentation of an affidavit of a
practitioner
of the healing arts
licensed
doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of
podiatric medicine, or licensed
optometrist stating that such person is a
disabled person, the specific disability that limits or impairs the
person´s ability to walk, and that he or she is a person with disabilities
as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in
such form as the department prescribes but shall be of sufficient size and
sufficiently distinctively marked to be easily visible when placed on or affixed
to the driver´s side of the dashboard or hung from the rearview mirror of
the parked vehicle. Permits shall be made of plastic or heavyweight cardboard
and shall be of sufficient quality to ensure that the coloring of the permit and
the ink used thereon will resist fading for a period of at least four years.
The front and
back surfaces of the permit shall be laminated to prevent alteration of the
information printed underneath on the
permit. Permits shall be issued to
individuals, and the name of the individual and an identification number shall
appear on the permit. The individual to whom a permit is issued may use the
permit for any vehicle he or she is operating or in which he or she is a
passenger. Permits shall also be issued to institutions when the primary
purpose of a vehicle operated by the institution is to transport individuals
with disabilities. The name of the institution, the license number of the
particular vehicle, and an identification number shall appear on the permit.
The institution shall use such permit only for a vehicle which is operated by
the institution and which is used primarily to transport individuals with
disabilities.
(b)
The department shall issue a temporary permit to any temporarily disabled person
upon presentation of an affidavit of a
practitioner
of the healing arts
licensed
doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of
podiatric medicine, or licensed
optometrist stating that such person is a
temporarily disabled person, the specific disability that limits or impairs the
person´s ability to walk, that he or she is a person with disabilities as
specified in paragraph (5) of Code Section 40-6-221, and a date until which such
person is likely to remain disabled. The temporary permit shall be
predominantly red in color and shall show prominently on its face an expiration
date the same as the date specified by
the
physician
such
doctor for the likely termination of the
disability, which date shall not be more than 180 days after the date the permit
is issued. The expiration date shall be
machine
printed, not
handwritten, in
a
boldface type
of sufficient size
of print
that is
to
be legible when the permit is displayed on
the driver´s side of the dashboard or hung from the rearview mirror. (c)
The department shall issue a permanent permit to any permanently disabled person
upon presentation of an affidavit of a
practitioner
of the healing arts
licensed
doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of
podiatric medicine, or licensed
optometrist stating that such person is a
permanently disabled person. The affidavit shall further state the specific
disability that limits or impairs the person´s ability to walk or that he
or she is a person with disabilities as specified in
subparagraph
(G) of paragraph (5) of Code Section
40-6-221. The department shall also issue a permanent permit to an institution
which operates vehicles used primarily for the transportation of individuals
with disabilities upon presentation of a certification from the institution
regarding use of its vehicles. The institution shall receive permits only for
the number of vehicles so used and shall affix the permits to the driver´s
side of the dashboards of such vehicles. The permanent permit shall
vary in color
from one period to the next renewal period but shall
not be predominantly
blue
red
in color and shall show prominently on its face an expiration date four years
from the date it is issued. The expiration date shall be
machine
printed, not
handwritten, in
a
boldface type
of sufficient size
of print
that is
to
be legible when the permit is displayed on
the driver´s side of the dashboard or hung from the rearview
mirror."
SECTION
2.
Said
title is further amended in said Code Section 40-2-74.1 by adding a new
subsection to read as follows:
"(h)
For purposes of this Code section, an active duty military physician shall be
entitled to submit an affidavit in support of the application of active duty or
retired military personnel for parking permits for persons with disabilities
whether or not such physician is licensed to practice in Georgia. Such
affidavit shall state that the applicant is in active military service and is
stationed in Georgia pursuant to military orders or is retired from the military
and is a resident of Georgia and that such person is a disabled person, the
specific disability that limits or impairs the person´s ability to walk,
and that he or she is a person with disabilities as specified in paragraph (5)
of Code Section 40-6-221."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.