S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7763
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   persons  who transport severely disabled persons to apply for disabled
   person plates

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 404-a of the vehicle and traffic law, as added by
 chapter 181 of the laws of 1980, subdivision 1 as amended by chapter 596
 of the laws of 1982, subdivision 2 as amended by chapter 191 of the laws
 of 1991, subdivision 3 amended by chapter  445  of  the  laws  of  2024,
 subdivision  4  and paragraph (b) of subdivision 5 as amended by chapter
 376 of the laws of 2015, subdivision 4-a as added by chapter 686 of  the
 laws  of  1994,  subdivision  4-b as added by chapter 277 of the laws of
 2012, subdivisions 5 and 6 as renumbered by chapter 601 of the  laws  of
 1987,  paragraph  (c)  of subdivision 5 as amended by chapter 666 of the
 laws of 1982, and subdivision 7 as added by chapter 332 of the  laws  of
 2000, is amended to read as follows:
   § 404-a. Registration  of  motor  vehicles  [of] FOR severely disabled
 persons. 1.  Legislative intent. It is the sense of the  legislature  to
 facilitate  the  usual  and special uses of the highways and other motor
 vehicle facilities accorded  to  severely  disabled  residents  of  this
 state.  The commissioner is hereby empowered to issue to [such] ELIGIBLE
 persons, upon their application, special  motor  vehicle  registrations,
 [one]  AND  A set of vehicle identification plates for EACH motor [vehi-
 cles] VEHICLE owned by [such persons] AN ELIGIBLE PERSON to be used  for
 the  transportation of [such] A severely disabled person [and one set of
 vehicle identification plates for  each  motor  vehicle  owned  by  such
 persons and used by a severely disabled member of the owner's family].
   1-A.  DEFINITIONS.  FOR  THE  PURPOSES  OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09040-01-5
              

 S. 7763                             2
 
   (A) "SEVERELY DISABLED PERSON" SHALL MEAN ANY PERSON HAVING ANY ONE OR
 MORE OF THE FOLLOWING IMPAIRMENTS, DISABILITIES OR CONDITIONS WHICH  ARE
 PERMANENT IN NATURE:
   (I) HAS LIMITED OR NO USE OF ONE OR BOTH LOWER LIMBS;
   (II) HAS A NEURO-MUSCULAR DYSFUNCTION WHICH SEVERELY LIMITS MOBILITY;
   (III)  HAS A PHYSICAL OR MENTAL IMPAIRMENT OR CONDITION WHICH IS OTHER
 THAN THOSE SPECIFIED ABOVE, BUT IS OF SUCH NATURE AS TO  IMPOSE  UNUSUAL
 HARDSHIP  IN  UTILIZATION  OF  PUBLIC TRANSPORTATION FACILITIES AND SUCH
 CONDITION IS CERTIFIED BY A  PHYSICIAN,  PHYSICIAN  ASSISTANT  OR  NURSE
 PRACTITIONER, TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH SUBDI-
 VISION  THREE  OF  SECTION  SIXTY-NINE HUNDRED TWO OF THE EDUCATION LAW,
 DULY LICENSED TO PRACTICE IN THIS STATE,  OR,  PURSUANT  TO  SUBDIVISION
 FOUR-A  OF THIS SECTION, A PODIATRIST DULY LICENSED TO PRACTICE PODIATRY
 IN THIS STATE OR, PURSUANT TO SUBDIVISION FOUR-B  OF  THIS  SECTION,  AN
 OPTOMETRIST  DULY  LICENSED  TO  PRACTICE  OPTOMETRY  IN  THIS STATE, AS
 CONSTITUTING AN EQUAL DEGREE OF DISABILITY  (SPECIFYING  THE  PARTICULAR
 CONDITION)  SO  AS  TO  PREVENT  SUCH PERSON FROM GETTING AROUND WITHOUT
 GREAT DIFFICULTY IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION;
   (IV) A BLIND PERSON; OR
   (V) A DEAF PERSON.
   (B) "ELIGIBLE PERSON" SHALL MEAN A SEVERELY  DISABLED  PERSON  OR  ANY
 PARENT,  SPOUSE, GUARDIAN, CAREGIVER, OR ANY OTHER FAMILY MEMBER RESPON-
 SIBLE FOR THE TRANSPORTATION OF A SEVERELY DISABLED PERSON  OR  SEVERELY
 DISABLED VETERAN BY MOTOR VEHICLE.
   2.  Registration  of  vehicles  owned  by  [severely disabled persons]
 ELIGIBLE PERSONS. The commissioner shall assign to such motor  vehicles,
 including  any  van  or pick-up truck used for transporting persons with
 disabilities which is not used for commercial purposes,  owned  by  such
 ELIGIBLE  persons,  a  distinctive  number and issue and deliver in such
 manner as the commissioner may select to the owner  a  certification  of
 registration,  in  such form as the commissioner shall prescribe and two
 number plates, called  disabled  person  plates.  Said  disabled  person
 plates  shall conform to the requirements of section four hundred one of
 this [chapter] ARTICLE, but shall bear distinctive marks to  distinguish
 them  from number plates to be issued to other persons, qualifying under
 this  chapter.  The  commissioner,  [in  his]  AT  SUCH   COMMISSIONER'S
 discretion,  may  issue,  for any registration year, only one plate as a
 set for a motor vehicle, in which event a set of disabled person  plates
 for  a motor vehicle shall consist of one plate. Where [a severely disa-
 bled] AN ELIGIBLE person owns more than one vehicle and such vehicle  or
 vehicles  is  or are used by A severely disabled [members of the owner's
 family who reside with the owner] PERSON, the commissioner  shall  issue
 one  set  of  plates  for  each additional vehicle used by such severely
 disabled person, provided that such user qualifies as a  severely  disa-
 bled person in the manner required by this section.
   3.  Registration  of vehicles owned by severely disabled veterans. The
 commissioner shall assign to such motor vehicles, including any vans  or
 pick-up  trucks used for transporting handicapped veterans which are not
 used for commercial purposes and which are owned by such veterans  or  a
 not-for-profit  corporation  serving such veterans, a distinctive number
 and issue and deliver in such manner as the commissioner  may  prescribe
 to  the  owner  a  certification  of  registration,  in such form as the
 commissioner shall prescribe and  two  number  plates,  called  disabled
 veteran  plates.  Said severely disabled veteran plates shall conform to
 the requirements of section four hundred one of this article, but  shall
 bear  distinctive  marks  to  distinguish  them from number plates to be
 S. 7763                             3
 
 issued to other persons, qualifying under this article. The commissioner
 in [his] SUCH COMMISSIONER'S discretion, may issue, for any registration
 year, only one plate as a set for a motor vehicle, in which event a  set
 of severely disabled veteran plates for a motor vehicle shall consist of
 one  plate. Where a severely disabled veteran owns more than one vehicle
 and such vehicle or vehicles  is  or  are  used  by  [severely  disabled
 members of the owner's family who reside with the owner] OR TO TRANSPORT
 SUCH  VETERAN,  the  commissioner shall issue one set of plates for each
 additional vehicle [used by such  severely  disabled  veteran,  provided
 that  such  user  qualifies as a severely disabled veteran in the manner
 required by this section]. For purposes of this  subdivision,  the  term
 "severely  disabled  veteran" shall mean a veteran as defined in section
 eighty-five of the civil service law,  and  whose  disability  qualifies
 [him]  SUCH  VETERAN as a severely disabled person within the meaning of
 such term as defined in PARAGRAPH (A) OF  subdivision  [four]  ONE-A  of
 this section.
   4.  Issue  of  plates.  The commissioner shall issue sets of plates to
 such ELIGIBLE person in accordance with subdivision two of this  section
 with  proof of such disability [of such person or such members of his or
 her family] BY THE SEVERELY DISABLED PERSON BEING TRANSPORTED  certified
 by a physician, physician assistant or nurse practitioner, to the extent
 authorized  by  law and consistent with subdivision three of section six
 thousand nine hundred two of the education law, or  podiatrist  pursuant
 to  subdivision four-a of this section or optometrist pursuant to subdi-
 vision four-b of this section, to the satisfaction of  the  commissioner
 who is empowered to carry out the effects of this section by formulating
 rules and regulations.
   [For  the purposes of this section, a "severely disabled person" shall
 mean any person having any one or more  of  the  following  impairments,
 disabilities or conditions which are permanent in nature:
   (a) Has limited or no use of one or both lower limbs;
   (b) Has a neuro-muscular dysfunction which severely limits mobility;
   (c)  Has  a  physical or mental impairment or condition which is other
 than those specified above, but is of such nature as to  impose  unusual
 hardship  in  utilization  of  public transportation facilities and such
 condition is certified by a  physician,  physician  assistant  or  nurse
 practitioner, to the extent authorized by law and consistent with subdi-
 vision  three  of section six thousand nine hundred two of the education
 law, duly licensed to practice in this state, or, pursuant  to  subdivi-
 sion  four-a  of  this  section,  a podiatrist duly licensed to practice
 podiatry in this state  or,  pursuant  to  subdivision  four-b  of  this
 section,  an  optometrist  duly  licensed  to practice optometry in this
 state, as constituting an equal degree  of  disability  (specifying  the
 particular  condition)  so as to prevent such person from getting around
 without great difficulty in accordance  with  subdivision  two  of  this
 section; or
   (d) A blind person.]
   4-a.  Certification  of  disability by a podiatrist. A podiatrist duly
 licensed to practice podiatry in  this  state  may  certify  only  those
 conditions which [he or she] SUCH PODIATRIST treats in the course of the
 practice  of  podiatry, as defined by section seventy hundred one of the
 education law.
   4-b. Certification of disability by  an  optometrist.  An  optometrist
 duly licensed to practice optometry in this state may certify only those
 conditions  which  [he  or she] SUCH OPTOMETRIST treats in the course of
 S. 7763                             4
 
 the practice of optometry, as defined in section seventy-one hundred one
 of the education law.
   5.  Application for registration. (a) The application for registration
 under this section shall be filed with the commissioner of  motor  vehi-
 cles  in  such  form  and  detail  as  the commissioner shall prescribe,
 setting forth  such  information  as  the  commissioner  may  reasonably
 prescribe  beyond  such  information required under section four hundred
 one of this [chapter] ARTICLE.
   (b) The commissioner may require the  applicant  for  registration  to
 furnish such proof of [his or her disability or such proof of disability
 of such members of his or her family] DISABILITY FOR SUCH SEVERELY DISA-
 BLED  PERSON  BEING TRANSPORTED from a physician, physician assistant or
 nurse practitioner, to the extent authorized by law and consistent  with
 subdivision three of section six thousand nine hundred two of the educa-
 tion  law,  or podiatrist pursuant to subdivision four-a of this section
 or optometrist pursuant to subdivision four-b of this  section,  as  the
 commissioner  deems necessary either for initial registration or renewal
 thereof; provided, however, that a handicapped or disabled permit issued
 by a municipality to such applicant pursuant to section  twelve  hundred
 three-a  of  this chapter shall be deemed sufficient proof of disability
 for purposes of this paragraph.
   (c) Application under this section  shall  only  apply  to  a  vehicle
 subject  to  registration  pursuant  to  subdivision six of section four
 hundred one of this [chapter] ARTICLE and to a van or pick-up  truck  as
 provided in subdivision two of this section.
   6.  Fee  requirements. As provided in section four hundred one of this
 [chapter] ARTICLE, the registration and disabled person plates shall  be
 accompanied  only  by the required fee otherwise required to be paid for
 vehicle registration.
   7. Refueling notice. Upon the issuance or renewal  of  a  registration
 pursuant  to  this section, the commissioner shall notify the registrant
 of the availability of full service  motor  vehicle  refueling  at  self
 service prices as provided for in section three hundred ninety-six-bb of
 the general business law.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.