Ala. Admin. Code r. 810-5-1-.225

Current through Register Vol. 43, No. 1, October 31, 2024

Section 810-5-1-.225 - Disability Access Parking Credentials

(1) Disability Access Parking Credentials. Evidence of qualification for disability access parking privileges must be a removable windshield placard, a temporary removable windshield placard, or the disability access license plate as provided in 23 C.F.R. § 1235, §§ 32-6-230 and 40-12-300, Code of Ala. 1975.

(2) Issuance of Disability Access Parking Credentials. Licensing officials must accept Form MVR 32-6-230"Application for Disability Access Parking Privileges" from persons with disabilities, parent(s), stepparent(s), or legal guardian(s) of persons with disabilities as defined in § 32-6-23, Code of Ala. 1975, and from organizations transporting persons with disabilities [see paragraph (9) below] in order to issue disability access parking credentials to residents of their county. Upon presentation of the application, the licensing official must verify that the application has been properly completed. The licensing official must indicate in the designated space on Form MVR 32-6-230 the number shown on the placard and/or the disability access license plate number. Fees for each disability access license plate are as provided by law. There is no fee for the removable windshield placard or temporary removable windshield placard.

(3) Display of Credentials. In accordance with 23 C.F.R. § 1235.4, removable windshield placards must be "displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard." It is NOT required that a motor vehicle being used by or transporting persons with disabilities display both the disability access license plate and the placard. Individuals that do not have disability access license plates, including those that do not own a motor vehicle, may request one (1) additional removable windshield placard, for a total of two (2) placards.

(4) Use of Credentials. A motor vehicle displaying disability access parking credentials may be parked in a disability access parking space only when the vehicle is being used to transport or is being operated by the person with disabilities to whom the disability access license plate and/or placard was issued.

(5) Periodic Renewal. Removable windshield placards and disability access license plates are, in accordance with 23 C.F.R.§ 1235.4, subject to "periodic renewal," which is to be based on the five (5) year renewal cycle license plates as provided under § 32-6-62, Code of Ala. 1975. The month of renewal is based on the staggered system provided under § 32-6-61, Code of Ala. 1975.

(6) Recertification. Upon expiration of the removable windshield placard(s) or the five (5) year disability access license plate, the applicant is required to reapply by completing the self-certification on Form MVR 32-6-230, which is to be provided to the licensing official before a new removable windshield placard(s) or a disability access license plate will be issued. However, the Commissioner may elect to require all applicants to be recertified by a licensed physician, a certified registered nurse practitioner, or certified nurse midwife, as defined in § 32-6-230, Code of Ala. 1975, using Form MVR 32-6-230 before disability access parking credentials may be reissued.

(7) Replacement License Plates and Removable Windshield Placards. If the disability access license plate or placard is lost or stolen, or becomes mutilated, a replacement disability access license plate or placard may be issued upon application to the licensing official and completion of the replacement disability access license plate and/or placard affidavit on the reverse of Form MVR 32-6-230.

(8) Maintenance of Application Forms. In issuing the disability access parking credentials, the licensing officials must record on Form MVR 32-6-230 the issued license plate or placard number. This form must be maintained by the licensing official for audit by the Examiners of Public Accounts. In addition, the form must be maintained to be compared with Form MVR 32-6-230 when reissuing disability access parking credentials.

(9) Obtaining of Disability Access License Plates by Organizations or Governmental Entities. 23 C.F.R. § 1235.3 [b] provides for disability access license plates for organizations using vehicles primarily to transport persons with disabilities. The disability access license plates may be issued to nursing homes, commissions on aging, special schools for persons with disabilities, and similar organizations when an official of the organization certifies on the "Application for Disability Access Parking Privileges" under the "Organizations Only" portion that the vehicle is being primarily used to transport persons with disabilities (note that the Requirements and Certification" portion of the application is NOT to be completed by the organization). If licensing officials have reservations regarding the issuance of disability access license plates to an organization, the official may request, in writing, from the organization a description of the mission, purposes, etc. of the organization, and how the vehicle is to be, or is being used. Such organizations may recertify upon expiration of the disability access license plates by completing Form MVR 32-6-230. Government entities, as defined under § 40-12-250, Code of Ala. 1975, may request disability access license plates.

(10) The licensing official must provide the disability access parking credential information to the department as prescribed in Administrative Code Rule 810-5-1-.226.

Ala. Admin. Code r. 810-5-1-.225

Filed May 15, 1987. Amended: Filed September 17, 1997; effective October 22, 1997. Amended: Filed May 6, 2011, effective June 10, 2011.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 08, May 31, 2019, eff. 6/10/2019.

Authors: Amy Bright, Jonathan Lawrence

Statutory Authority:Code of Ala. 1975, §§ 32-6-23, 32-6-53, 32-6-61, 32-6-62, 32-6-230, 40-2A-7(a)(5), 40-12-250, 40-12-300), Public Law 100-641 and federal regulations adopted under 23CFR Sec 1235.