Ky. Rev. Stat. § 186.042

Current through 2024 Ky. Acts ch.225

Section 186.042 - Accessible parking registration plates and parking privileges for persons with certain disabilities - Application procedure - Issuance

(1) For the purposes of this section, "persons with disabilities which limit or impair the ability to walk" means persons who:

(a) Cannot walk two hundred (200) feet or sixty-one (61) meters without stopping to rest;

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

(c) Are restricted by lung disease to the extent that the person's forced respiratory and expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;

(d) Use portable oxygen;

(e) Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(f) Are severely limited in their ability to walk due to an arthritic, neurological, or orthopedic condition.

(2) On the application of any person with disabilities which limit or impair the ability to walk, who has lost the use of an arm or both arms, or who is blind, the Transportation Cabinet shall issue the person with a disability, the parent or guardian of a disabled minor, or the parent or guardian of a disabled adult, an accessible parking registration plate or renewal decal designating the vehicle licensed as being owned by or leased by a person with a disability or their parent or guardian. The license plate or renewal decal may be issued for a passenger car as set forth in KRS 186.050(1), for a motorcycle as set forth in KRS 186.050(2), or for a commercial vehicle as set forth in KRS 186.050(3)(a). The registration plates issued shall bear the international symbol of access adopted by Rehabilitation International in 1969, reading from left to right and shall be followed by numbers or letters the cabinet finds expedient. Except as provided in this subsection, the cabinet shall not issue the registration plates so designated to any person other than a person with a disability as described above. The fee for a disabled license plate shall be as established in KRS 186.162.

(3) The application for a license plate for a person with a disability shall be made on a form prepared by the Transportation Cabinet. For every person seeking this accessible parking license plate, proof of the disability shall be required by:

(a) The county clerk issuing the license plate ascertaining that the applicant or the applicant's minor or adult child is obviously disabled as described in this section; or

(b) A statement from a licensed physician, physician assistant, chiropractor, or advanced practice registered nurse that the applicant or the applicant's minor or adult child is a person with disabilities which limit or impair the ability to walk, a person who has lost the use of an arm, or any person who is blind.

(4) When a motor vehicle bearing plates issued under this section is being operated by or for the benefit of the person with a disability, who is in the motor vehicle when the motor vehicle is being operated, the motor vehicle may be parked for a period of two (2) hours in excess of the legal parking period permitted by local authorities, except if local ordinances or police regulations prohibit parking on a highway for the purpose of creating a fire lane; if the ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon, or evening hours; or if the motor vehicle is parked in such a manner as to clearly be a traffic hazard.

(5) Registration under this section shall expire July 31.

KRS 186.042

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 69, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 63, sec. 3, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 85, sec. 31, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 33, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 133, sec. 6, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 15, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 36, effective July 15, 1994; ch. 416, sec. 4, effective July 15, 1994; and ch. 428, sec. 5, effective July 15, 1994. - Amended 1992 Ky. Acts ch. 60, sec. 2, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 150, sec. 3, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 268, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 203, sec. 4, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 239, sec. 3, effective June 17, 1978.

Amended by 2021 Ky. Acts ch. 69,§ 1, eff. 6/29/2021.

Amended by 2018 Ky. Acts ch. 63,§ 3, eff. 7/14/2018.

Effective:7/15/2010
Amended 2010, Ky. Acts ch. 85, sec. 31, effective7/15/2010. -- Amended 2008, Ky. Acts ch. 33, sec. 1, effective 7/15/2008. -- Amended 2005, Ky. Acts ch. 133, sec. 6, effective 6/20/2005. -- Amended 1998, Ky. Acts ch. 15, sec. 1, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 405, sec. 36, effective 7/15/1994; ch. 416, sec. 4, effective 7/15/1994; and ch. 428, sec. 5, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 60, sec. 2, effective 7/14/1992. --Amended 1988 Ky. Acts ch. 150, sec. 3, effective 7/15/1988. -- Amended 1984 Ky. Acts ch. 268, sec. 1, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 203, sec. 4, effective 7/15/1982. -- Created 1978 Ky. Acts ch. 239, sec. 3, effective 6/17/1978.

Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 405, 416, and 428. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between chs. 405 and 416, Acts ch. 416, which was enacted after Acts chapter 405 by the General Assembly, prevails under KRS 446.250.