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Serving the Mid-Hudson Region Since 1987

 

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FOR IMMEDIATE RELEASE

ILC receives $250,000 to build regional disability training, Technology and conference center.

View the Press release

 

Tickets are now available for our Fundraising Concert with Jamie Kay

View our flyer

 

People 1st

Independent Living Inc.'s

Quarterly Newsletter

Is now available

HERE

You can also see Archived copies of our newsletter Here.

 

 

The Orange County Mental Health and Wellness Conference was held on June 25th. Read about it here.

 

 

Independent Living held the The third annual Early Childhood Conference on June 11th

Read About it Here

 

 

US House of representatives pass improvements to the 1990 Americans with Disabilities Act.

Read the full article here.

 

 

Valueless Lives of Elderly and Disabled in Nursing Homes

News Story

 


See
Donna's Story continuation from our newsletter

A blind Governer adjusts and so does Albany. An article from The New York Times.

Boot the SHU is passed into law.

Final Welfare Reform Regulations Announced

Rules will promote self-sufficiency and program flexibility

 

HAVA voting Law

Signs of a

Sea Change In Voting

 

2008
 DISABILITY
Legislative
Action Agenda!!
 
Keeping Patients From Reentering the Hospital Article from the Wall Street Journal
 
Title III of the ADA Becomes NY State Law
 
NEW YORK TO BRING NEWS SERVICE TO VISUALLY IMPAIRED CONSUMERS
 
Public Input Needed- Partnership4coverage
 
Rights for The Disabled!
Governor Spitzer Signs Legislation Increasing Rights for The Disabled
 
Burden of Proof!
Governor Spitzer signs law that puts burden of proof on schools in special education disputes!! Will make it easier for parents of disabled children to challenge school districts' decisions regarding their child's education
 
Shadows Training
An informational program for students with disabilities, their families and professionals.    May 28
            7:00 pm                Orange/Ulster BOCES Conference Room A

 

 

BE PARKING CONSIDERATE

View a sample "fake"

Reserved Parking ticket

"Be Parking Considerate!"

   

NYS DMV Reserved Parking Permit Application

~~~~~~~~~~~~

MISCELLANEOUS
 

Browsealoud
is available for people who find it difficult to read online. Reading large amounts of text on screen can be difficult for those with literacy and visual impairments

.

Orange County Guide to "Accessible"

RESERVED PARKING

CALL Independent Living, Inc. if you would like us to mail you more "fake tickets"

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Reserved parking for persons with disabilities ensures safe and equal access to goods and services. Parking for persons with disabilities not only makes it possible for individuals to use and benefit from the services offered by public and private entities... it is the law.

HIGHLIGHTS AND FINES (New York State Vehicle and Traffic Laws)

  • Prohibit parking motor vehicles in reserved spaces without a special parking permit or license plate and                            mandate fines of up to $200 (S.1203-c(4)).

  • Require shopping centers and other facilities to create reserved; mandate fines of up to $250 for failing to provide clearly marked spaces (S.1203-c(3)).  

  • Enable enforcement officers to enforce reserved parking laws at shopping centers or other facilities in both public and private lots (S.1203-c(6)).

  •  Authorize counties, towns, cities, and villages to set up parking violation units staffed by  unpaid volunteers (S.1203-f).

  •  Authorize law enforcement officers to arrange for the removal and storage of motor vehicles unlawfully parked in reserved parking spaces or zones (S.1203-c and 1204-b).

  • Prohibit the dumping or shoveling of snow in reserved parking spaces and mandate fines  of up to$200 (S.1203-e).  

 

HOW ARE RESERVED PARKING SPACES  IDENTIFIED?

Reserved  parking spaces are identified with a sign bearing the International Symbol of Accessibility.

A PERMIT OR PLATE HOLDER CANNOT PARK IN THE FOLLOWING AREAS

  • "NO PARKING" zones

  •  "NO STANDING' zones

  • "NO STOPPING" zones

  • Striped access aisles adjacent to handicapped parking spaces

  • Parking meters without depositing a coin

  •  Fire hydrants or bus stops

  •  New York City streets, unless one has a NYC permit

REMEMBER: Reserved parking permits and plates are to be used solely by the person with the qualifying disability, with fines punishable up to $200. If someone who does not have a disability uses another person's permit or plates, the DMV or issuing locality may revoke the plates or permit or deny renewal.

WHAT ARE BUSINESS OR FACILITY OWNERS AND OPERATORS REQUIRED TO DO

Owners or operators of any facility (e.g., restaurant, theater, library) that provides parking, whether it is in an indoor or outdoor garage or parking lot, are required to provide reserved parking spaces in accordance with federal and state law.

COMPLAINTS: ILLEGAL PARKING…WHAT CAN BE DONE?

Ask a state, county, or municipal law enforcement officer to ticket an illegally parked car and arrange for the removal and storage of the vehicle.

Complain to a shopping center manager or store owner (if at a commercial site). Ask them to inform the local authorities.

FREQUENTLY ASKED QUESTIONS AND ANSWERS

Q: How many reserved parking spaces are required?

A: It depends on the total number of parking spaces in the lot or garage. The New York State Uniform Fire Prevention and Building Code (9 NYCRR) and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) both require the following number of reserved  spaces in parking areas:

Total # of spaces

Required number of  accessible spaces

1-25

1

26-50

2

51-75

3

76-100

4

101-150

5

151-200

6

201-300

7

301-400

8

401-500

9

501-1000

2%

Over 1000

20 + 1 for each 100 over 1000

NOTE: Spaces should be on the SHORTEST ACCESSIBLE ROUTE from parking to an accessible entrance.

Q: Can the reserved parking spaces be the same size as the other, non-reserved spaces as long as the appropriate signs are placed in front of the space?

A: No.9 NYCRR Section 1101.1 (d)(4) requires reserved parking spaces to be at least 8 feet wide, with adjacent striped access aisles also at least 8 feet wide. The parking spaces and access aisles must be painted in a color (most often blue) contrasting with other spaces. Signage with the International Symbol of Accessibility MUST be provided at reserved parking spaces and access aisles, permanently installed 5 to 7 feet above the ground.

 Q: If a parking lot does not have any spaces designated for people with disabilities because it was paved a long time ago, before these requirements were in place, does it now have to provide accessible      parking spaces?

A The New York State Vehicle and Traffic Law states that whenever a person, firm, or corporation creates a parking lot, or repaves or repaints more than half the total number of spaces in an existing lot, then they would have to provide the appropriate number of accessible spaces with signage and access aisles. Additionally, Title III of the Americans with Disabilities Act (ADA) requires private entities to remove barriers in order to become compliant. Therefore, even if a business owner is not planning any type of construction, they are still obligated to remove barriers that are readily achievable.

 Q: Storeowners and other businesses often receive complaints from patrons about other customers who illegally park in the reserved parking spaces or misuse the spots by parking in the striped area next "to the space. What should they do?

A: By reporting a violation, you are "doing what's right." Instances when individuals who illegally park in a space marked for reserved parking should be reported to the proper law enforcement authorities. In your area, if the local police are responsible for addressing violations, then they should be notified as soon as possible. If local security company staff patrols your parking area, then they should be notified.

NOTE: The striped area next to the parking space is called an access aisle and is strictly off limits for parking by anyone, regardless of whether or not they have, a reserved parking plate or placard. The 8-foot access aisle must be in place in order to ensure that people who use wheelchairs have room to transfer in and out of their vehicles. Only the reserved parking space itself is reserved for those individuals who have proper identification on their vehicle (i.e., placard, tag, plate) indicating that they are authorized to park in these designated areas. The striped access aisle adjacent to the parking space IS NOT a parking space. Anyone who parks in this area should be reported to a local law enforcement officer.

Q: Do store owners or other business owners have to clear snow and ice from the reserved parking spaces?

 A: Yes. Businesses are required to clear ice, snow, or any obstructions from a reserved parking space and adjacent curb cuts. The New York State Vehicle and Traffic Law mandates a fine to anyone who knowingly dumps or shovels snow onto a parking space reserved for people with disabilities.

 

 

New York State Department of Motor Vehicles

 

PARKING FOR THE DISABLED
Commissioner Naples A Message From
Nancy A. Naples, Commissioner

New York State Department of Motor Vehicles

 Reserved parking for people with disabilities ensures safe and equal access to goods and services, access which most of us take for granted. This publication explains the rules that businesses and all drivers should observe about reserved parking spaces. It also presents information on how to obtain license plates and parking permits that allow individuals with severe disabilities to use specially-marked parking spots.

Reserved parking for people with disabilities is a legal requirement, not just a courtesy. You can help support the law by parking in reserved spaces only if you have a permit or plates for people with disabilities, and only when the person who received the permit or plates is actually in the vehicle. Please avoid parking in the access aisle or striped area next to a reserved parking space - it is not a parking zone. This special area is needed for access by people who use wheelchairs and specially-equipped vehicles.

It is important to respect each other. Please, be parking considerate.

Qualifying Disabilities For Plates or a Parking Permit for People With Severe Disabilities:

A qualifying disability is one or more of the following impairments, disabilities or conditions that are both permanent in nature and affect mobility:

  1. Use of portable oxygen;
  2. Legal blindness;
  3. Limited use, or no use, of one or both legs;
  4. Inability to walk 200 feet without stopping;
  5. A neuro-muscular dysfunction that severely limits mobility;
  6. A Class III or IV cardiac condition (American Heart Association standards);
  7. Severe limitation in the ability to walk due to an arthritic, neurological or orthopedic condition;
  8. Restriction because of lung disease to such an extent that forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg of room air at rest;
  9. Any other physical or mental impairment not previously listed which constitutes an equal degree of disability, and imposes unusual hardship in the use of public transportation and prevents the person from getting around without great difficulty.

A Temporary Parking Permit, valid for six months, may be issued when a person has a temporary disabling condition that makes the person unable to walk without a cane, crutches, a walker or other assisting device.

Important: Who Can Certify a Disability

To qualify for the license plates or the parking permit, you must present proof of the disability from a medical doctor (MD), doctor of osteopathy (DO), doctor of podiatric medicine (DPM, licensed in NYS only), or nurse practitioner (NP). Only these medical professionals are considered "doctors" as the term is used in this publication. A doctor licensed in New York or another state may certify for conditions #1 through #8 previously listed. Only doctors licensed in New York State may certify for condition #9. A podiatrist must be licensed in NYS, and may certify applicants only for severe disabilities of the foot.

Proof of Disability

You may provide one of these proofs of disability:

  1. Have your doctor fill out the Medical Certification, Part II, on the "Application for License Plates and Parking Permits for People with Severe Disabilities" (MV-664.1). This form may be used to apply for license plates for people with disabilities and is accepted by most localities for a parking permit. The form is available at any motor vehicle office, by request from the DMV Call Center, for the DMV Internet Office, and from most permit issuing agents in cities, towns and villages. To determine which governmental office issues permits in your area, contact your local town, city or village clerk, or visit the DMV Internet Office: http://www.nysdmv.com.
  2. Obtain a statement from a doctor certifying that you have a qualifying disability. The statement must be less than one year old, describe the condition and how it limits your mobility, be on the doctor's letterhead, and include the doctor's professional license number and signature. If the doctor practices outside New York State, the statement must identify the doctor's licensing state.

    A similar statement is also acceptable from:
    • A hospital, clinic or medical facility; The NYS Office of Vocational Rehabilitation in the NYS Department of Education; or
    • The NYS Commission for the Blind and Visually Handicapped in the Office of Children and Family Services (for verification of legal blindness).
  3. If you have an obvious, visible, permanent disability, such as the complete or partial loss of a leg or foot, the requirement for a medical statement may be waived by a DMV supervisor if you are applying for the license plates, or by the local issuing agent if you are applying for a permit.
  4. If you have moved to NYS and want to apply for New York State license plates or a parking permit for people with disabilities, you must provide proof of disability listed in 1 - 3 of the sections above even if you had parking privileges in your former state. Your out-of-state permit cannot be accepted in exchange for a NYS permit or plates.
  5. If you already have license plates for people with disabilities, a locality may accept your registration as proof for issuing a permit. Check with your local issuing agent before applying.

Under the New York State Vehicle & Traffic Law (Section 392), it is a criminal violation (misdemeanor) to make a false statement or give false information on an application for license plates.

It is also a misdemeanor under the NYS Penal Law (Section 210.45) to make a false statement or provide misinformation to obtain a parking permit for a person with a disability, and is punishable by fines from $250 to $1,000. Additional civil penalties from $250 to $1,000 may also be imposed under Section 1203-a (4) of the Vehicle and Traffic Law. These penalties also apply to doctors providing certifications, as well as applicants.

About Plates

Disable Plate Image
Plate image © NYS DMV
The Department of Motor Vehicles issues license plates for people with permanent disabilities for use on passenger cars, motorcycles, vans, and pickup trucks not used for commercial purposes. You do not have to be a resident of New York State or even a licensed driver to obtain the license plates, but you must be at least 16 years old to register a vehicle. License plates with the International Symbol of Access are only issued for a vehicle registered in the name of the person who has the disability, and each individual with a disability may have only one set of license plates. If you cannot register the vehicle in the name of the disabled person, refer to the section on Parking Permits.

You may apply at any state or county motor vehicle office for a second set of license plates for another family member who also has a disability. In addition to providing the documentation for registering the vehicle, you also must provide the family member's driver license, proof of disability and a completed Application for License Plates and Parking Permits for People With Severe Disabilities (MV 664.1).

Personalized license plates (up to six characters) with the International Symbol of Access are available for any additional charge. Please contact:

The DMV Custom Plates Office
6 Empire State Plaza, Albany, NY 12228
or call
1-518-402-4838

If your vehicle already has a valid registration with New York license plates and you already have a permanent parking permit for the disabled that was issued in New York State, you must present this permit and a copy of the Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1) showing the medical certification (or doctor's statement) used to obtain the parking permit. The medical certification must be dated no more than one year prior to the application for the license plates. Do NOT apply if you hold only a temporary parking permit. To apply, you must complete a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates displaying the International Symbol of Access. If this transaction is done at any time other than at renewal, a $8.50 transaction fee will be charged.

If your vehicle already has a valid registration with New York license plates and you do NOT already have a permanent parking permit for the disabled, bring proof of your disability, your current New York plates and registration receipt to any state or county motor vehicle office. You will be required to fill out a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates displaying the International Symbol of Access. If this transaction is done at any time other than at renewal, a $8.50 transaction fee will be charged. Do NOT apply if you hold only a temporary parking permit.

If you are registering your vehicle for the first time, and you do not already have a permanent parking permit for the disabled, you must provide all of the items required for an original vehicle registration plus the proof of disability.

Renewing Plates

There is no additional fee for renewing a vehicle registered with plates for people with disabilities. You do not have to provide proof of disability when you renew your vehicle registration. However, when you sign your registration renewal notice you are certifying, under penalty of the law, that you have a severe disability and are eligible to have the license plates. Making a false certification is a misdemeanor.

About Parking Permits

You must live in New York State to be eligible for a permanent parking permit, but you need not be a licensed driver or own a vehicle. You must apply in the locality in which you live. A temporary parking permit, valid for six months, is available for a non-resident with a qualifying disability.

State law requires every city, town and village to appoint an agent (usually the city, town or village clerk) to issue parking permits for people with disabilities. Contact your city, town or village clerk to find out which local agency issues the permits. DMV does not issue the parking permits.

Localities follow the same general guidelines for issuing the permit as the DMV does for plates, but there may be some differences from one locality to another. Most issuing agents accept an Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1). This form is available at any motor vehicle office, by request from a DMV Call Center, and from the DMV Internet Office. However, some localities have their own application form, and not all localities issue temporary permits. Contact your local issuing agent for specific information on how to obtain a permit in your area.

A permit is issued to any person with a qualifying disability, and the permit may be used in any vehicle in which that person is riding. For example, a child with a qualifying disability may receive a permit to be used while riding as a passenger in any vehicle. At the discretion of the issuing agent, a second permit may be issued to the same person in exceptional circumstances. You may apply for a second permit only if you do not have license plates for people with disabilities.

A local issuing agent also may issue parking permits to a state facility or an agency licensed by the state or locality. The permits will be issued only for vehicles primarily used to transport people with qualifying disabilities. To apply, the agency must provide a written request on its own letterhead describing its facility or agency, a copy of their New York State facility license and a list of the vehicles they use to transport people with disabilities.

Each "permanent" or temporary permit has an expiration date. An expired permit is not valid and cannot be used. If your permit is due to expire, contact your local issuing agent to find out about the renewal procedures in your area. If you have a permanent disability, you generally do not have to provide proof of disability again when renewing your permit. However, at the discretion of the issuing agent, you may be required to again provide this documentation.

If your disability is not permanent, you may qualify for a temporary permit valid for up to six months. To apply for a temporary permit, you must present the same proof of disability as required for a permanent permit. The temporary permit will allow the same access to reserved parking spaces. If you have a temporary parking permit that is due to expire, and you still have a qualifying disability, you must obtain a new medical certification before you can apply for another parking permit.

The permit is designed to hang from the rearview mirror when parked, but should be removed when the vehicle is being operated. If you lose your permit or it is stolen, immediately report it to the locality that issued the permit.

Proper Use of Valid Permits or License Plates

Any vehicle that has a license plate or valid permit displaying the International Symbol of Access may use parking spaces designated for use by a person with a disability. The person to whom the license plate or permit was issued must be traveling in the vehicle in order to use these spaces.

Plates and permits do not allow you to disobey state or local parking regulations. They also do not exempt you from parking fees unless a locality has adopted an ordinance to that effect. The fine for illegally parking in a space reserved for people with disabilities is $50 to $150, plus a mandatory $30 surcharge.

Misuse of Parking Permits or Plates

Parking for disabled tag It is a serious misuse of license plates and permits for the disabled when someone other that the person with a disability uses the plates or permit to park in a space reserved for people with disabilities. These license plates or parking permits are valid only when the person with a disability who received the plates or permit is driving the vehicle or is a passenger in it.

If you misuse plates or a parking permit or allow someone else to use them, the DMV may revoke the license plates or the locality that issued the permit may revoke the permit, or they may deny renewal.

Parking Spaces, Statewide

Off-street parking spaces for people with disabilities are required by law at shopping centers that have five or more retail stores, and signs must be posted. Spaces reserved for people with disabilities must be located as close to the shopping center as possible and distributed to provide convenient access. A facility owner who does not comply may be fined up to $250.

On-street parking spaces reserved for people with disabilities are designated by local law or ordinance. If you have a question about parking for people with disabilities on a particular street, contact the authorities responsible for maintaining the street.

State and local laws and building codes also require reserved parking for people with disabilities at other facilities and when new parking lots are constructed. If you have a question about reserved parking at any facility with off-street parking, contact the facility management or the local building inspector.

State, county or local law enforcement officers are authorized to enter the parking lot of any shopping center or other facility described in the State Building Code to enforce laws governing the use of parking spaces reserved for people with disabilities.

Parking Spaces, New York City

License plates for people with disabilities are available at New York State Department of Motor Vehicles offices in New York City. The state parking permit is issued by the New York City Department of Transportation, which also issues a special New York City disability parking permit available only for people with mobility disabilities who live, work, or go to school in New York City.

The license plates and state parking permits are valid for use in all parts of the state except on-street parking in New York City. They are also valid for use in reserved off-street spaces within New York City such as in parking lots for shopping centers, offices, apartment buildings and school campuses. They are NOT valid for parking on any New York City street.

The special disabled parking permit issued by the NYC Department of Transportation is valid only for curbside parking on streets in New York City, with limited exceptions. The NYC Department of Transportation includes a "General Information Brochure for Parking Permits for People with Disabilities" with each special disability parking permit they issue. This publication describes where holders of the special New York City disability parking permit are allowed to park, and where they are not allowed to park.

Visiting from Out of State Or Traveling Outside New York State

New York State honors out-of-state plates and permits for people with disabilities, and most other states also honor New York's permits and plates. To be sure if you travel to another state, check with the police or motor vehicle agency of the other state about whether they honor New York State issued license plates or permits for people with disabilities.

Remember:

Apply for plates or a permit for people with disabilities only if you have a qualifying disability.

  • When parked, hang the parking permit from the vehicle's inside rearview mirror. Remove the permit from the mirror before driving.
  • Use the parking spaces reserved for the disabled only if you have the license plates or parking permit, and only when the person with a disability is driving or riding in the vehicle.
  • Never park in the access aisle or striped area next to a reserved parking space. This allows access to the parking space by people with wheelchairs and specially-equipped vehicles. It is not a parking zone.
  • Do NOT allow others to misuse your plates or permit.
  • When you use the license plates or parking permit for the disabled, you are NOT exempt from parking regulations or fees.

Important Addresses and Phone Numbers:

To apply in New York City for the state parking permit or the special New York City disability parking permit for people wien disabilities, please contact:

The NYC Department of Transportation,
Bureau of Authorized Parking and Permits,
8th Floor, 28-11 Queens Plaza North,
Long Island City, NY 11101
1-718-433-3100

Additional copies of a printed version of this publication may be obtained by writing to:

Publications Distribution
Office of Communications
NYS Department of Motor Vehicles
6 Empire State Plaza, Room 411
Albany, NY 12228

For information about other services available to persons with disabilities, please contact:

New York State Advocates Office for Persons with Disabilities
1 Empire State Plaza, Suite 1001
Albany, NY 12223-1150

C-34 (9/04)
Edited for the Internet (9/06)


NYS DMV Key Logo
George E. Pataki, Governor
Nancy A. Naples, Commissioner

 

 

 

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Last modified: July 18, 2008       

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