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Welcome to Independent Living, Inc. Promoting Choice, Self-determination and Total Participation Serving the Mid-Hudson Region Since 1987
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Orange County Guide to "Accessible"RESERVED PARKING
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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)
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
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 ANSWERSQ: 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:
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
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:
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:
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
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 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.
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)
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