0001| HOUSE BILL 557 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JOHN A. HEATON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO MOTOR VEHICLES; AMENDING A SECTION OF THE NMSA 1978 | 0012| TO GRANT SPECIAL PLACARDS TO OWNERS OF VEHICLES TRANSPORTING | 0013| DISABLED PERSONS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 66-3-16 NMSA 1978 (being Laws 1978, | 0017| Chapter 35, Section 36, as amended) is amended to read: | 0018| "66-3-16. SPECIAL REGISTRATION PLATES--DISABLED | 0019| PERSONS ~~[DISPLAY DEVICE]~~ PLACARDS.-- | 0020| A. The division shall issue distinctive | 0021| registration plates to any disabled person who so requests and | 0022| who proves satisfactorily to the division that he has suffered | 0023| the loss, or the complete and total loss of use of, one or both | 0024| legs at or above the ankle or of one or both arms at or above | 0025| the wrist for use on motor vehicles owned by the person. No | 0001| fee in addition to the regular registration fee, if any, | 0002| applicable to the motor vehicle shall be collected for issuance | 0003| of special registration plates pursuant to this section. | 0004| B. No person shall falsely represent himself to be | 0005| disabled so as to be eligible to be issued special | 0006| registration plates or ~~[display devices]~~ placards pursuant | 0007| to this section when he is in fact not disabled. Upon notice | 0008| and opportunity to be heard, the division may revoke and demand | 0009| return of any placard when: | 0010| (1) it was issued in error or with false | 0011| information; | 0012| (2) the person receiving the placard is no | 0013| longer eligible; or | 0014| (3) the placard is being used by ineligible | 0015| persons. | 0016| C. Upon written application to the division | 0017| accompanied by a medical statement by a licensed physician | 0018| attesting to the disability, a resident of the state who has a | 0019| disability that limits or impairs the ability to walk, as | 0020| provided in Subsection ~~[G]~~ H of this section, may apply for | 0021| and be granted the issuance of a placard for display upon a | 0022| motor vehicle registered to him or motor vehicle owned by | 0023| another person who is transporting him. The director may | 0024| charge a reasonable fee to cover the cost of the placard and of | 0025| its issuance. The fee shall be retained by the division and | 0001| shall be appropriated to the division for expenditures incurred | 0002| in the implementation of the placard replacement program. | 0003| D. Upon written application to the division, the | 0004| resident owner of a motor vehicle that usually, and as its | 0005| primary use, transports persons with a disability, including a | 0006| temporary disability, that limits or impairs the ability to | 0007| walk, as provided for in Subsection H of this section, may | 0008| apply for and be granted the issuance of a placard for display | 0009| upon the motor vehicle registered to the owner. The director | 0010| may charge a reasonable fee to cover the cost of the placard | 0011| and of its issuance. The fee shall be retained by the division | 0012| and shall be appropriated to the division for expenditures | 0013| incurred in the implementation of the placard replacement | 0014| program. For purposes of this subsection, the resident owner | 0015| applying for the placard may be an individual or other legal | 0016| entity. The director may promulgate rules and regulations to | 0017| establish the application form and procedures and the standards | 0018| necessary to permit placard issuance under this subsection. | 0019| ~~[D.]~~ E. A placard issued pursuant to this | 0020| section shall expire in no more than two years. | 0021| ~~[E.]~~ F. The division shall issue two-sided | 0022| hanger-style placards with the following characteristics: | 0023| (1) the international symbol of access shall | 0024| be displayed on both sides of the placard and shall be at least | 0025| three inches in height, centered on the placard and white on a | 0001| blue ~~[shield]~~ field; | 0002| (2) an identification number enabling the | 0003| division to identify the holder of each placard. The division | 0004| shall maintain this information in a readily retrievable format | 0005| and make it available on demand to any law enforcement agency; | 0006| (3) the date of expiration; and | 0007| (4) the division seal or other identification | 0008| of the issuing authority. | 0009| ~~[F.]~~ G. Upon written application to the | 0010| division accompanied by a medical statement from a licensed | 0011| physician attesting to a temporary disability, a person who has | 0012| a temporary disability that limits or impairs the ability to | 0013| walk may be issued a temporary placard, which shall be | 0014| distinguishable in appearance from placards valid for two | 0015| years. The medical statement shall include the period of time | 0016| that the physician determines the applicant will have the | 0017| disability. A temporary placard issued pursuant to this | 0018| section shall be valid no more than six months. | 0019| ~~[G.]~~ H. For the purpose of obtaining a placard, | 0020| a person with a "disability that limits or impairs the ability | 0021| to walk" means the person: | 0022| (1) cannot walk one hundred feet without | 0023| stopping to rest; | 0024| (2) cannot walk without the use of a brace, a | 0025| cane, a crutch, another person, a prosthetic device, a | 0001| wheelchair or another assistive device; | 0002| (3) is restricted by lung disease to such an | 0003| extent that the person's forced respiratory volume, when | 0004| exhaling for one second, when measured by spirometry, is less | 0005| than one liter or the arterial oxygen tension is less than | 0006| sixty millimeters on room air at rest; | 0007| (4) uses portable oxygen; | 0008| (5) has a severe cardiac condition; or | 0009| (6) is so severely limited in his ability to | 0010| walk due to an arthritic, neurologic or orthopedic condition | 0011| that the person cannot ascend or descend more than ten stair | 0012| steps. | 0013| ~~[H.]~~ I. Special registration plates or placards | 0014| issued to the disabled person by another state or foreign | 0015| jurisdiction shall be granted reciprocity while the vehicle and | 0016| disabled operator are in this state for a period not to exceed | 0017| thirty days. | 0018| ~~[I.]~~ J. All placards shall be issued in | 0019| accordance with this section beginning on July 1, 1995. All | 0020| placards issued prior to July 1, 1995 shall expire on July 1, | 0021| 1996." | 0022| |