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This entry was published on 2014-09-22
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SECTION 1203-A
Parking permits for handicapped persons
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 32
§ 1203-a. Parking permits for handicapped persons. 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.