Original Notice.

Preproposal statement of inquiry was filed as WSR 99-11-016.

Title of Rule: WAC 308-96A, Vehicle licenses, disabled person special parking privileges.

Purpose: 1. Rule making required as a result of implementation of chapter 136 of the laws passed during the 1999 session.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 46.12.276, 46.16.381, 46.01.110.

Statute Being Implemented: SSB 6009, chapter 136, Laws of 1999.

Summary: WAC 308-96A-306 Definitions--Disabled person special parking privileges (amended), WAC 308-96A-311 General provisions (amended), WAC 308-96A-313 Permanent disabled person parking placard/photo ID--Individual (amended), WAC 308-96A-314 Disabled person special license plates--Individual (amended), and WAC 308-96A-316 Permanent placard and disabled person special license plates for organizations (amended).

Reasons Supporting Proposal: Implementation of requirements of SSB 6009, remove the requirements for photo identification.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718, Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, 902-3811.

Name of Proponent: [Department of Licensing], governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above-mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under RCW 19.85. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on September 24, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by September 23, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by September 23, 1999.

Date of Intended Adoption: October 15, 1999.

August 18, 1999

Deborah McCurley, Administrator

Title and Registration Services

OTS-3266.3

AMENDATORY SECTION(Amending WSR 98-22-032, filed 10/29/98, effective 10/29/98)

WAC 308-96A-306
Definitions--Disabled person special parking privileges.

For the purposes of determining eligibility for special disabled person parking placards and license plates, the following definitions apply:

(1) "Licensed physician" means, for the purpose of determining the disability that limits the ability to walk and meets the criteria set forth in RCW 46.16.381(1), a health care provider licensed by the department of health to provide health care whose scope of practice includes those areas covered in the statute. Licensed physician includes chiropractic physicians, naturopaths, medical doctors, osteopathic physicians and podiatric physicians. Licensed physician does not include persons licensed in the professions of dentistry and optometry.

(2) "Permanent" means a licensed physician has certified that the qualifying disability condition is expected to last at least five years.

(3) "Permit" means the eligibility for the temporary or permanent placard((, photo ID)) or special license plate(s) and identification card.

(4) "((Photo ID)) Identification card" means the special identification card referred to in RCW 46.16.381(3).

(5) "Private carriers" means those entities contracting with public transportation authorities to transport persons with disabilities described in RCW 46.16.381.

(6) "Privilege" means the right to utilize the benefits associated with the permit.

(7) "Expiration date" means:

(a) The last day of the month specified on a temporary placard; or

(b) Not less than five years from the month and year of issuance of a permanent placard, as specified by the department on the placard.

(8) "Public transportation authorities" means those entities operating motor vehicles owned or leased by Washington state, or a town, city, county, municipality, or metropolitan or municipal corporation within the state, or United States government agencies or Indian nations used for the primary purpose of transporting persons with disabilities described in RCW 46.16.381.

(9) "Signature" means any memorandum, mark, or sign made with intent to authenticate an application for a placard, or the subscription of any person thereto as provided in RCW 9A.04.110(23).

(10) "Application" means the form provided by the department that must be completed by the individual and physician or the form that must be completed by the organization.

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-306, filed 10/29/98, effective 10/29/98.  Statutory Authority: RCW 46.01.110.  97-02-001, § 308-96A-306, filed 12/19/96, effective 1/19/97.  Statutory Authority: RCW 46.01.110 and RCW 46.16.276.  92-03-076, § 308-96A-306, filed 1/14/92, effective 2/14/92.  Statutory Authority: RCW 46.16.600, RCW 46.16.276 and RCW 46.01.110.  87-12-023 (Order TL/RG-34), § 308-96A-306, filed 5/28/87.]

(1) How do I qualify for a disabled person parking privilege?

In order to qualify for a disabled person parking privilege, a licensed physician must certify that you have a disability that limits or impairs the ability to walk and that you meet one of the requirements listed in RCW 46.16.381 (1)(a) through (g).

(2) What types of placards are issued?

The types of placards you may receive are:

(a) Temporary; or

(b) Permanent.

(3) How do I apply for a disabled person's parking privilege?

To apply for the disabled person's parking privilege, a licensed physician must complete and certify his or her portion of the application. Then, you must complete and sign your portion of the application and submit it to the department as provided in WAC 308-96A-312 (temporary placard), WAC 308-96A-313 (permanent placard) or WAC 308-96A-314 (special license plates).

(4) Who may sign the application for the disabled person that is unable to sign or is a minor? When the disabled person is unable to sign or is a minor the application may be signed by an authorized representative of the disabled person. The application shall then be accompanied by a copy of one of the following:

(a) A power of attorney;

(b) A Washington state court order or certification from the clerk of court confirming the court's action; or

(c) An affidavit explaining why the applicant is unable to sign for themselves and explaining the authorized representative's association to the disabled person.

(5) When is the disabled person's parking privilege no longer valid?

The disabled person's parking privilege is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists; or

(d) If the privilege was issued in error.

(6) Why is the identification card issued? The identification card is issued to assist law enforcement in determining that the person who is using the disabled person parking placard or special disabled parking license plate is the person to whom the privilege was issued.

(7) Must I present the identification card upon request of law enforcement? Yes. Your identification card must be shown upon request of any law enforcement officer, parking enforcement officer or volunteer appointed for purposes of issuing notices of parking infractions.

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-311, filed 10/29/98, effective 10/29/98.]

(1) Where and how may I obtain a temporary disabled person parking placard and identification card?

You may obtain a temporary disabled person parking placard ((by mail or at any vehicle licensing office or driver licensing-licensing services office)) at Washington vehicle licensing offices and you will receive your identification card in the mail. You must submit a completed and signed application certified by a licensed physician.

(2) How long ((does)) is the temporary disabled person parking placard ((last)) and identification card valid?

The temporary disabled person parking placard ((may last)) and identification card is valid for up to six months from the date of issuance by the department.

(3) Can my temporary disabled person parking placard and identification card be extended?

No. If your condition continues beyond the expiration date, you may obtain a new temporary disabled person parking placard and identification card by submitting a completed and signed new application certified by a licensed physician.

(4) What happens if the temporary disabled person parking placard or identification card is lost, mutilated, destroyed, or stolen?

If you wish to replace your temporary disabled person parking placard or identification card, complete and sign a statement explaining what happened to the placard or identification card. A new temporary disabled person parking placard or identification card will be issued indicating the original expiration date.

(5) When is the temporary disabled person parking placard and identification card no longer valid?

The placard is no longer valid:

(a) Upon expiration of the privilege;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If a replacement placard and identification card has been issued; or

(e) If the privilege was issued in error.

(6) What should I do when my temporary placard ((is)) and identification card are no longer valid? When your temporary placard and identification card are no longer valid, they should be destroyed.

((You should destroy it.

(7) If I qualify for a temporary disabled person parking privilege, how is the privilege identified?

You may receive one temporary placard.))

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-312, filed 10/29/98, effective 10/29/98.]

(1) Where ((may I obtain a permanent)) are disabled person parking placard(s) and ((photo ID)) identification cards issued to persons with a permanent disability?

((You may obtain the)) Disabled persons parking placards for persons with a permanent ((disabled person parking placards and photo ID)) disability are issued at Washington vehicle licensing offices. Identification cards ((only from drivers licensing-licensing services offices)) may be applied for at the time the disabled placard is issued and will be mailed to you.

(2) ((Why is the photo ID issued?

The photo ID is issued to assist law enforcement in determining that the person who is using the disabled person parking placard is the person to whom the placard was issued.

(3) Must I present the photo ID upon request of law enforcement?

Yes.

(4) What do I need to receive the photo ID card?

You need:

(a) Completed application; and

(b) Proof of identity which includes the following:

(i) Washington drivers license;

(ii) Washington identification card;

(iii) Other valid identification document specified by RCW 46.20.035;

(iv) Affidavit of parent, guardian, or person with power of attorney; or

(v) Affidavit of individual applying for disabled person parking permit.

(5) When does the permanent disabled person parking placard(s) expire?

The permanent disabled person parking placard(s) is issued for not less than five years from the month and year of issuance, and expires on the last day of the month specified on the placard. Example: If a permanent placard is marked to expire in May 2003, it expires on May 31, 2003. The department may issue a placard for a period of longer than five years from the month and year of issuance, but for no more than six years, as may be necessary to stagger the permanent placard renewal workload.

(6) How do I replace a permanent disabled person parking placard that has become lost, mutilated, destroyed, or stolen?

If you wish to replace your permanent disabled person parking placard, complete and sign a statement explaining what happened to the placard and return your existing photo ID card. A new permanent disabled person parking placard and photo ID will be issued indicating the original expiration date.

(7) How do I replace my photo ID that has become lost, mutilated, destroyed or stolen?

In order to replace your photo ID, you must appear in person at a driver licensing-licensing services office. You shall complete and sign a statement explaining what happened to the photo ID, and present proof of identity as provided in subsection (4) of this section. A new photo ID will be issued indicating the previously issued placard number(s).

(8) How do I renew my permanent disabled person parking placard(s)?

The department will mail you a renewal notice thirty days prior to expiration. The permanent parking placard is renewed by submitting a completed renewal notice or new application with existing photo ID card or proof of identity as provided in subsection (4) of this section at a driver licensing-licensing services office. You will receive new permanent disabled person parking placards and a new photo ID.

(9))) When does disabled person parking placard(s) expire? Disabled person parking placard(s) issued to persons with a permanent disability are issued for not less than five years from the month and year of issuance, and expires on the last day of the month specified on the placard. Example: If a permanent placard is marked to expire in May 2003, it expires on May 31, 2003.

(3) What happens if the disabled person parking placard or identification card issued to persons with a permanent disability is lost, mutilated, destroyed, or stolen? If you wish to replace your permanent disabled person parking placard or identification card that was issued to persons with a permanent disability, complete and sign a statement explaining what happened to the placard or identification card. A new disabled person parking placard or identification card will be issued indicating the original expiration date. The identification card will be mailed to you.

(4) How do I renew my permanent disabled person parking placard(s) that were issued to persons with a permanent disability? The department will mail you a renewal notice to qualifying individuals prior to expiration. The parking placard issued to persons with a permanent disability is renewed by submitting a completed renewal notice or new application with existing identification card at Washington vehicle licensing office. You will receive new disabled person parking placard that was issued to persons with a permanent disability and you will receive a new identification card in the mail.

(5) When are the ((permanent)) disabled person parking placard(s) issued to persons with a permanent disability no longer valid?

The ((permanent)) disabled person parking placard issued to persons with a permanent disability is no longer valid:

(a) Upon expiration of the permanent placard;

(b) Upon death of the disabled person;

(c) If the disability no longer exists;

(d) If the privilege was issued in error; or

(e) If a replacement permanent parking placard issued to persons with a permanent disability has been issued.

(((10) If I qualify for a permanent)) (6) What do I receive when I apply for a disabled person parking privilege((, how is the privilege identified)) for my permanent disability?

You may receive:

(a) One placard;

(b) One set of special license plates;

(c) One placard and one set of special license plates; or

(d) Two placards.

(((11))) (7) How do I obtain a second ((permanent)) disabled person parking placard?

If you have only one disabled person parking placard, you may obtain a second placard upon written request.

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-313, filed 10/29/98, effective 10/29/98.]

(1) Where can I obtain a disabled person special license plate and identification card?

Disabled person special license plates and identification card are available at Washington vehicle licensing offices only. You will receive the identification card in the mail.

(2) How do I obtain disabled person special license plates?

In order to receive disabled person special license plates:

(a) Your name must be shown on the department's record as being a registered owner of the vehicle; and

(b) You must submit a completed application certified by a licensed physician or have a disabled person privilege established with the department.

(3) When do the disabled person special license plates and identification card expire?

The disabled person special license plate carries the expiration date of your vehicle registration and must be renewed annually. The privilege to use the disabled person special license plate expires five years from the month of issuance of the privilege.

(4) ((May I have a disabled person placard when I have the disabled person special license plate?

Yes, you may have one disabled person placard in addition to your disabled person special license plates.

(5))) When are the disabled person special license plates no longer valid?

The disabled person special license plates are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) Upon death of the disabled person;

(d) If the disability no longer exists; or

(e) The disabled person special license plates have been cancelled by department administrative action; or

(f) If the privilege was issued in error.

(((6))) (5) How do I replace a disabled person's special license plates if they become lost, mutilated, destroyed, or stolen?

You shall complete and sign a statement explaining what happened to the disabled person's special license plates. New special disabled person's license plates will be issued indicating the original expiration date. This voids the previously issued plates.

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-314, filed 10/29/98, effective 10/29/98.]

(1) When can a qualifying organization ((exercise the privilege)) use disabled person special license plates or special disabled person parking placards?

((Only)) Qualifying organizations may only use disabled person special license plates or disabled person parking placards when transporting any person who meets the criteria under RCW 46.16.381(1).

(2) How does an organization qualify for disabled person's special license plates and permanent disabled person's parking placards?

The organization must meet the criteria in RCW 46.16.381(3).

(3) How does a qualifying organization apply for disabled person's special license plates and permanent disabled person's parking placards?

The organization must submit a properly completed disabled person parking privileges organization application to the department with appropriate documentation as indicated on the application.

(4) Where does a qualifying organization obtain disabled person's parking placard(s) or disabled person's special license plates?

A qualifying organization may obtain permanent disabled person's parking placard(s) ((only from driver licensing-licensing services offices. Disabled person's special license plates may be applied for at any)) and disabled persons special license plates at Washington vehicle licensing office.

(5) Is a qualifying organization issued ((a photo ID)) an identification card?

No. ((A photo ID may)) An identification card shall not be issued for an organization.

(6) When does the permanent disabled person's parking placard(s) issued to a qualifying organization expire?

The permanent disabled person's parking placard(s) expires five years from the date of issuance to the department.

(7) When do the disabled person special license plates issued to a qualifying organization ((expire)) no longer valid?

The disabled person special license plates ((reflect the expiration date of the vehicle registration and must be renewed annually)) are no longer valid when:

(a) The plates expire;

(b) The privilege expires;

(c) If the vehicle is no longer being used for the purpose of transporting disabled persons;

(d) The disabled person special license plates have been cancelled by department administrative action;

(e) The organization no longer qualifies;

(f) The organization's business license is cancelled or expires; or

(g) If the privilege was issued in error.

(8) How does a qualifying organization replace permanent disabled person's parking placards or disabled person's special license plates if they become lost, mutilated, destroyed, or stolen?

The organization shall complete and sign a statement explaining what happened to the placards or disabled person's special license plates. New permanent disabled person's parking placards or disabled person's special license plates will be issued indicating the ((original)) current expiration date. This voids the previously issued permanent placards or plates.

(9) How does a qualifying organization renew their permanent disabled person's parking placard?

The department will send a disabled person's parking renewal notice to the qualifying organization ((thirty days prior to expiration)) before the privilege expires. The privilege is renewed by submitting the completed and signed renewal notice to the department. A new application may be submitted in lieu of the renewal notice. Upon receipt of the properly completed and signed renewal notice or application the department will issue new placards.

(10) When are ((the placard and disabled person special license plates)) disabled person parking placards, issued to qualifying organizations, no longer valid?

((Placard(s) and disabled person special license plates)) Disabled persons parking placards are no longer valid when:

(a) The organization no longer qualifies;

(b) The organization's business license is canceled or expires;

(c) The placard or disabled person special license plates were issued in error; or

(d) A replacement has been issued.

[Statutory Authority: RCW 46.16.381, RCW 46.01.110 and RCW 46.16.276.   WSR 98-22-032, § 308-96A-316, filed 10/29/98, effective 10/29/98.]