N.J. Admin. Code § 13:20-9.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-9.1 - Person with a disability; application and qualification for identification cards, vehicle registration plates, and placards

(a) When a request is received for a person with a disability identification card and license plates or placards pursuant to 39:4-204 et seq., the following regulations shall apply:

1. Applications will be accepted only if submitted on the form approved by the Chief Administrator.

2. The Chief Administrator may require the applicant to submit to a re-examination on those portions of the driver's examination which are determined to be necessary based on the applicant's physical disability.

3. The Chief Administrator may require the applicant to be examined by a physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner licensed in New Jersey or a bordering state, by a physician stationed at a military or naval installation, or by such physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner appointed by the State for the purpose of determining that the applicant's stated disability qualifies him or her under the provisions of 39:4-204 and this subchapter. The cost of such examination will be borne by the applicant.

4. Included in an initial and renewal application, the Chief Administrator shall require a certification of the applicant's condition that includes, but is not limited to, the following:

i. A statement signed by a physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner licensed in this State or a bordering state; or a physician stationed at a military or naval installation located in this State who is licensed to practice in any state, stating that the applicant meets the qualifications of 39:4-204 to be deemed eligible for the benefits and privileges of a person with a disability. The certification statement must be signed and dated by the physician no more than 60 days prior to receipt of the complete application at any motor vehicle agency. This may be in the form of a prescription or letter attached to the application.

ii. Certain identifying information of the certifying medical practitioner, as determined by the Chief Administrator, as requested on the application. This shall include the practitioner's name, address information, and professional identification information.

5. A person with a disability, which limits or impairs the ability to walk, as determined by a licensed physician, podiatrist, chiropractic physician, physician assistant, or nurse practitioner licensed in this State or a bordering state; or a physician stationed at a military or naval installation located in this State who is licensed to practice in any state, include those who:

i. Cannot walk 200 feet without stopping to rest;

ii. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;

iii. Are restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

iv. Use portable oxygen;

v. Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;

vi. Are severely limited in their ability to walk because of an arthritic, neurological or orthopedic condition; or

vii. Have a permanent sight impairment of both eyes, as certified by the New Jersey Commission of the Blind.

6. Each issued ID card and placard shall expire on the last day of the 36th month after it was issued. At such time, and not in excess of 90 days prior, the holder of a placard shall resubmit a full application, including a certification of the applicant's condition. Upon receipt of the application and satisfaction that all necessary information has been submitted to certify that the qualifying condition still exists, a new persons with a disability identification card and placard will be provided to the applicant pursuant to 13:20-9.2.

7. Each issued ID card and persons with a disability license plate privilege shall expire on the last day of the 36th month in which they were issued as required in 39:4-205. At such time, and not in excess of 90 days prior, the holder of a license plate shall resubmit a full application, including a certification of the applicant's condition. Recertification may correspond with the vehicle's registration expiration. Upon receipt of the application and satisfaction that all necessary information certifying that the qualifying condition still exists has been submitted, a new persons with a disability identification card will be provided to the applicant pursuant to 13:20-9.2 and the applicant may retain the persons with a disability license plates for an additional 36 months.

i. In the event that the ID card and parking privilege expiration does not coincide with the vehicle registration expiration, the holder of the ID card is responsible for ensuring that the ID card, and therefore, the parking privilege indicated on the license plate, is valid. Should such responsibility be unduly burdensome to the holder of the ID card, the registered owner of the car shall make such assurances.

ii. Persons utilizing a parking space reserved for persons with disabilities who are unable to produce a valid ID card may be guilty of a parking violation under 39:4-197(3)(c) and shall be subject to the penalties prescribed therein.

8. In the event that an applicant with a qualifying disability who previously applied and was granted a plate and/or a placard is relieved of such disability or is de-ceased, such person or a member of their immediate family shall return the plate and/or placard to any Motor Vehicle Commission agency in a timely manner.

N.J. Admin. Code § 13:20-9.1

Amended by R.2001 d.20, effective 1/16/2001.
See: 32 N.J.R. 3720(a), 33 N.J.R. 269(a).
Rewrote the section.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Chief Administrator" for "Director" throughout.
Amended by R.2014 d.008, effective 1/6/2014.
See: 45 N.J.R. 842(a), 46 N.J.R. 103(c).
Section was "Handicapped person identification vehicle registration plates and placards." Rewrote the section.
Amended by R.2014 d.014, effective 1/6/2014.
See: 45 N.J.R. 1374(a), 46 N.J.R. 120(a).
Section was "Person with a disability identification vehicle registration plates and placards" Rewrote the section.