N.H. Rev. Stat. § 261:88

Current through Chapter 381 of the 2024 Legislative Session

Section 261:88 - Walking Disability Plates and Placards

I. In this section:

(a) "Removable windshield placard" means a two-sided, hanger style placard which includes on each side the international symbol of access, which is at least 3 inches in height, centered on the placard, and which is white on a blue shield, has an identification number, a date of expiration, and a seal or other identification of the department of safety.

(b) "Temporary removable windshield placard" means a two-sided, hanger style placard which includes on each side the international symbol of access, which is at least 3 inches in height, centered on the placard, and which is white on a red shield, has an identification number, a date of expiration, and the seal or other identification of the department of safety.

(c) "Walking disability" means a disability which limits or impairs a person's ability to walk, as determined by a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse, to such an extent that such person:

(1) [Repealed.]

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

(3) Is 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 1 liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest; or

(4) Uses portable oxygen; or

(5) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class 3 or class 4 according to standards set by the American Heart Association; or

(6) Is severely limited in the ability to walk due to an arthritic, neurological, orthopedic, or other medically debilitating condition.

II. The director shall design and issue, with the approval of the commissioner, special number plates which shall incorporate the international accessibility symbol. The director shall make such plates available as an optional number plate to be used on a motor vehicle:

(a) Owned by a person with a walking disability.

(b) Owned by an organization in this state and primarily used to transport persons with walking disabilities.

(c) Owned by a relative of a person with a walking disability when such person is a resident of this state, member of the relative's household, and dependent on the owner of the motor vehicle as the person's primary means of transportation.

II-a. A person with a walking disability may receive separate special number plates for each motorcycle owned by the person.

III. An applicant for such special plates shall furnish the director with satisfactory proof, as the director may require, that the applicant meets the requirements of paragraph II. Such proof must be submitted upon application and shall be resubmitted at the time of renewal registration in the year when the registrant's driver's license or nondriver's identification card expires or every 5 years in the case where no New Hampshire driver's license or nondriver's identification card exists except in the case of a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from service-connected disability. Such proof shall only have to be made upon initial application. Satisfactory proof of a walking disability, at a minimum, shall consist of the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability, as defined in paragraph I. Upon request and for the fee set forth in RSA 261:75, I, the director shall exchange special plates for regular plates currently issued to an applicant who qualifies for special plates.

IV. The director shall design and issue, with approval of the commissioner, vanity number plates to be used on motor vehicles owned by persons qualified to receive special number plates under paragraph II. The vanity number plate shall be of such design and shall bear such letters or letters and numbers as the director shall prescribe, provided that the plates shall incorporate the international accessibility symbol and there shall be no duplication of identification. The vanity number plate shall be issued only upon application, approval, and upon payment of the special fee established in RSA 261:89. All special fees collected under this section shall be distributed as set forth in RSA 261:89.

V. Upon application the department shall furnish a hanging windshield placard to a person with a walking disability who satisfactorily furnishes proof of such disability to the director. Any nonprofit agency serving a person with a walking disability may apply to the department for a hanging windshield placard. An applicant for such placard shall furnish the director with satisfactory proof, as the director may require, that the applicant will use the placard solely for the transportation of a person with a walking disability. The quantity of placards issued under this paragraph shall be at the discretion of the director. This placard shall meet the standards set forth in 23 C.F.R. part 1235 , appendix A. The removable windshield placard shall 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. A request from any nonprofit agency for a placard shall be approved by the administrator of the nonprofit agency and any other application for such a placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The placard shall expire on the date when the applicant's driver's license or nondriver's identification card expires or 5 years from the date of placard issuance in the case where no New Hampshire driver's license or nondriver's identification card exists and the expiration date shall be noted on the placard or on a sticker affixed to the placard. The placard shall be renewed, upon application on forms provided by the director, if the director determines that the disability which necessitated the issuance of the placard continues or if the person is a veteran who has been evaluated by the United States Department of Veterans Affairs to be permanently and totally disabled from a service-connected disability. Upon request of the applicant the director shall issue one additional placard to the applicant if the applicant does not have special license plates.

VI. Upon the application of a person with a temporary walking disability the director shall issue a temporary removable windshield placard. The placard shall comply with the standards set forth in 23 C.F.R. part 1235 , appendix B. The temporary removable windshield placard shall be displayed in such a manner that it may be viewed from the front and the 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. Upon request the director shall issue one additional temporary removable windshield placard to applicants. Application for a temporary removable windshield placard shall be accompanied by the certification of a licensed physician, physician assistant, podiatrist, or advanced practice registered nurse that the applicant has a walking disability as defined in paragraph I. The certification shall also include the period of time that the physician, physician assistant, podiatrist, or advanced practice registered nurse determines the applicant will have the disability, which period of time shall not exceed 6 months. The expiration date of the temporary placard shall be noted on the placard.

VII. The issuance of special plates shall not preclude the issuance of a hanging placard.

VIII. Any person who finds or has reason to believe that such special plates or placards are being improperly used may report any such violation to the department. Any police officer of a city or town who finds that such special plate or placard is being improperly used shall report such violation to the department. The director may, at his or her discretion, revoke such special plate or placard for violation of any provision or law related to the use of special plates or placards.

IX. The state of New Hampshire shall recognize removable windshield placards, temporary removable windshield placards, and special license plates which have been issued by issuing authorities of other states and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with walking disabilities.

X. Special license plates, removable windshield placards, or temporary removable windshield placards displaying the international symbol of access shall be the only recognized means of identifying vehicles permitted to utilize parking spaces reserved for persons with walking disabilities.

XI. [Repealed.]

RSA 261:88

Amended by 2022 , 34: 1, eff. 5/3/2022.

Amended by 2020 , 37: 4, eff. 7/29/2020.

Amended by 2016 , 304: 2, eff. 1/1/2017.

Amended by 2015 , 243: 8, eff. 1/1/2016.

Amended by 2015 , 243: 7, eff. 1/1/2016.

Amended by 2014 , 94: §§1, 2, 3 eff. 8/10/2014.

RSA 260:18-a. 1957, 160:1. 1977, 301:1; 525:1. 1978, 26:1. 1979, 36:1; 417:1-3. 1981, 146:1; 479:59, 61. 1982, 39:10; 42:210. 1985, 109:1. 1988, 65:2. 1989, 316:1. 1992, 282:2. 1993, 268:1. 1994, 399:4. 1998, 369:1-4. 1999, 41:1. 2003, 15:1, 2, eff. June 21, 2003. 2004, 26:1, eff. June 11, 2004. 2006, 317:9, eff. Aug. 18, 2006. 2007, 180:1, eff. Aug. 17, 2007. 2008, 366:3, eff. Sept. 9, 2008. 2009, 54:5, eff. July 21, 2009.