BILL NUMBER: S7191
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the regis-
tration of motor vehicles owned by the parent or guardian of a severely
disabled person
 
SUMMARY OF PROVISIONS:
Section 1. The opening paragraph of subdivision 4 and paragraph (b) of
subdivision 5 of section 404-a of the vehicle and traffic law, as
amended by chapter 376 of the laws of 2015, are amended and a new subdi-
vision 3-a of added to read as follows:
3-a. Registration of vehicles owned by the parent or guardian of a
severely disabled person. The commissioner shall assign to such motor
vehicles, including any van or pick-up truck used for transporting
persons with disabilities which is not used for commercial purposes and
which are owned by the parent of guardian of such person a distinctive
number and issue and deliver in such manner as the commissioner may
select to the owner a certification of registration, in such form as the
commissioner shall prescribe and two number plates, called disabled
person passenger plates. Such disabled person passenger plates shall
conform to the requirements of section four hundred one of this chapter,
but shall bear distinctive marks to distinguish them from number plates
to be issued to other persons, qualifying under this chapter. The
commissioner, in their discretion, may issue, for any registration year,
only one plate as a set for a motor vehicle, in which event a set of
disabled person plates for a motor vehicle shall consist of one plate.
Where the parent or guardian of a severely disabled person owns more
than one vehicle and such vehicle or vehicles is or are used for trans-
porting persons with disabilities, the commissioner shall issue one set
of plates for each additional vehicle used by such parent or guardian of
a severely disabled person.
The commissioner shall issue sets of plates to such persons in accord-
ance with subdivision two and subdivision three-a of this section with
proof of such disability of such person or such members of  
HIS OR HER
such person's family certified by a physician, physician assistant or
nurse practitioner. The commissioner shall issue sets of plates to such
person in accordance with subdivision three-a of this section with proof
of parenthood or guardianship of a severely disabled person including
but not limited to a birth certificate, foreign birth certificate,
adoption decree custody agreement, or consistent with article seven-
teen-a of the surrogate court procedure act, or article eight-three of
the mental hygiene law.
(b) The commissioner may require the applicant for registration to
furnish such proof of  
HIS OR HER' SUCH APPLICANT'S DISABILITY, SUCH
PROOF OF THE DISABILITY OF SUCH APPLICANT'S CHILD OF PERSON UNDER THEIR
GUARDIANSHIP, OR SUCH PROOF OF DISABILITY OF SUCH MEMBERS OF  
HIS OR
HER THEIR FAMILY FROM A PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTI-
TIONER, TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH SUBDIVISION
THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THE EDUCATION LAW, OR
PODIATRIST PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION OF OPTOMETRIST
PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, AS THE COMMISSIONER
DEEMS NECESSARY EITHER FOR INITIAL REGISTRATION OR RENEWAL THEREOF;
PROVIDED, HOWEVER, THAT A HANDICAPPED OR DISABLED PERMIT ISSUED BY A
MUNICIPALITY TO SUCH APPLICANT PURSUANT TO SECTION TWELVE HUNDRED
THREE-A OF THIS CHAPTER SHALL BE DEEMED SUFFICIENT PROOF OF DISABILITY
FOR PURPOSES OF THIS PARAGRAPH.
§ 2. RELATES TO THE EFFECTIVE DATE.
 
JUSTIFICATION:
THE CURRENT LAW ONLY PERMITS THE USE OF A BLUE PLACARD HANGING FROM THE
REARVIEW MIRROR. THIS IS BOTH INADEQUATE AND IMPRACTICAL. OFTEN WHILE
ATTEMPTING TO FIND A PARKING SPOT DESIGNATED FOR HANDICAPPED INDIVID-
UALS, THERE ARE TOO FEW AVAILABLE, AND PARKING ARRANGEMENTS MUST BE MADE
ELSEWHERE. WHEN USING A MIRROR-HANGING PLACARD IN THESE CIRCUMSTANCES,
CHALLENGES ARISE WHEN REMOVING THE PERSON WITH DISABILITIES FROM A SIDE
OR REAR-ACCESS VEHICLE. TOO OFTEN, OTHER VEHICLES PARK TOO CLOSELY,
MAKING IT CHALLENGING TO GET THE DISABLED INDIVIDUAL BACK IN THE VEHI-
CLE. THIS CREATES A DANGEROUS AND UNNECESSARY SITUATION FOR THE PARENT
OR GUARDIAN.
UPDATING THE LAW TO ALLOW CAREGIVERS OF SEVERELY DISABLED INDIVIDUALS TO
OBTAIN HANDICAP-MARKED LICENSE PLATES WOULD GREATLY REDUCE THE STRESS OF
THAT SITUATION AND OTHER DRIVERS WOULD MORE LIKELY RESPECT THE LICENSE
PLATE MARKINGS. THIS PROVIDES FOR A SIGNIFICANTLY SAFER EXPERIENCE FOR
BOTH THE DRIVER AND PEOPLE WITH DISABILITIES.
 
PRIOR LEGISLATIVE HISTORY:
NEW BILL.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ON THE ONE HUNDRED TWENTIETH DAY AFTER IT
SHALL HAVE BECOME LAW.