Section 1203-A. Parking permits for handicapped persons  


Latest version.
  • 1. The commissioner
      shall  distribute  special vehicle identification parking permits to the
      governing bodies of  all  cities,  towns  and  villages  in  the  state.
      Notwithstanding any local law or ordinance to the contrary, such permits
      shall  entitle any vehicle displaying such permit to park in any area in
      any city, town or village of the state which has been designated by such
      city, town or village or pursuant to the provisions  of  section  twelve
      hundred  three-c of this article as a place for parking for persons with
      disabilities.  The  design,  period  of  validity,  and  procedures  for
      reissuance of such permits shall be as determined by the commissioner. A
      city,  town  or village issuing a permit pursuant to this subdivision or
      subdivision three of this section shall indelibly inscribe or  otherwise
      mark,  on  the  face  of  such  permit,  the  last  three  digits of the
      identification  number   of   the   driver's   license   or   non-driver
      identification  card  of  the  person  to whom the permit is issued. The
      governing bodies of cities,  towns  and  villages  in  the  state  shall
      appoint  an  issuing  agent  to  issue such permits. Any person issued a
      permit pursuant  to  this  section  who  holds  a  driver's  license  or
      non-driver  identification card shall make the last three digits of such
      license or identification card available to an issuing agent at the time
      of  permit  issuance  or  renewal  by   presenting   such   license   or
      identification  card  to  such issuing agent. Any person issued a permit
      pursuant to this section who holds  a  driver's  license  or  non-driver
      identification  card shall carry and make available to a law enforcement
      officer upon demand, or as soon as practicable thereafter,  his  or  her
      driver's  license  or  non-driver  identification  card  which  shall be
      presumptive evidence of the validity  of  his  or  her  special  vehicle
      identification  parking  permit. Failure to make available such driver's
      license or non-driver identification  card  upon  demand  shall  not  be
      deemed a violation. The permits shall be issued to:
        (i)  any resident of New York state who is a severely disabled person,
      as defined in subdivision three of section four hundred four-a  of  this
      chapter,  upon  application  of  such  person or such person's parent or
      guardian, provided, however, that an issuing agent shall  issue  permits
      only  to  residents  of  the city, town or village in which such issuing
      agent is  located,  except  that,  an  issuing  agent,  in  his  or  her
      discretion,  may issue a permit to a severely disabled person who is not
      a resident of the city, town, or village in which such issuing agent  is
      located  where  such person resides in a city, town, or village in which
      the governing body has not appointed an issuing agent;  and  an  issuing
      agent,  in  his or her discretion, may issue a temporary special vehicle
      identification parking permit, as authorized  by  subdivision  three  of
      this  section, to a person who is temporarily unable to ambulate without
      the aid of an assisting device, as certified by a physician, who resides
      in a city, town, or village in which the issuing agent  does  not  issue
      temporary  special vehicle identification parking permits, or who is not
      a resident of the United States and is temporarily visiting  the  state;
      or
        (ii)  any  state facility, or agency licensed by the state of New York
      or any of its political subdivisions, that operates a motor vehicle  for
      purposes  of  transporting  handicapped persons, upon the application of
      such a facility or agency.
        For the purposes of paragraph (i) of  this  subdivision,  such  permit
      shall be for use exclusively in a vehicle in which the person to whom it
      has  been  issued  is  being  transported  and  such permit shall not be
      transferable and shall be forfeited if presented by  any  other  person.
      Any abuse by any person, facility or agency to whom such permit has been
      issued  of  any  privilege, benefit, precedence or consideration granted
    
      pursuant to the issuance of such permit, shall be sufficient  cause  for
      revocation of said permit.
        2.  The  special  vehicle  identification parking permit issued by the
      commissioner shall be recognized statewide  and,  except  for  a  permit
      issued  pursuant  to  and used subject to the limitations of subdivision
      three of this section is the  only  valid  permit  for  the  purpose  of
      preserving parking spaces for the handicapped.
        3.  Notwithstanding any provision of this chapter to the contrary, any
      municipality  may  issue  a  temporary  special  vehicle  identification
      parking  permit  to  any  person  who  is temporarily unable to ambulate
      without the aid of an assisting device, as  certified  by  a  physician.
      Such  temporary  special  vehicle identification parking permit shall be
      valid for not more than six months and shall be recognized statewide.
        4. A person who knowingly and wilfully  with  the  intent  to  deceive
      makes a false statement or gives information which such individual knows
      to  be  false  to  a  public  official  to  obtain  a parking permit for
      handicapped persons or to prevent the marking on such permit of the last
      three digits of a driver's license  or  non-driver  identification  card
      held  by  such person, in addition to any other penalty provided by law,
      shall be subject to a civil penalty of not less than two  hundred  fifty
      dollars nor more than one thousand dollars.