1.1 	A bill for an act
1.2 	relating to traffic regulations; limiting parking in
1.3 	special van-only handicapped parking spaces to vans
1.4 	specially modified for handicapped persons; making
1.5 	clarifying and technical changes; imposing a penalty;
1.6 	amending Minnesota Statutes 2004, sections 169.345,
1.7 	subdivision 1; 169.346, subdivisions 1, 2.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 169.345,
1.10 	subdivision 1, is amended to read:
1.11 		Subdivision 1.Scope of privilege.  (a) Except as
1.12 	provided to the contrary in paragraph (c) or (d),a vehicle that
1.13 	prominently displays the certificate authorized by this section
1.14 	or that bears license plates issued under section 168.021, may
1.15 	be parked by or solely for the benefit of a physically disabled
1.16 	person:
1.17 	(1) in a designated parking space for disabled persons, as
1.18 	provided in section 169.346;
1.19 	(2) in a metered parking space without obligation to pay
1.20 	the meter fee and without time restrictions unless time
1.21 	restrictions are separately posted on official signs; and
1.22 	(3) without time restrictions in a nonmetered space where
1.23 	parking is otherwise allowed for passenger vehicles but
1.24 	restricted to a maximum period of time and which does not
1.25 	specifically prohibit the exercise of disabled parking
1.26 	privileges in that space.
2.1 	A person may park a vehicle for a physically disabled person in
2.2 	a parking space described in clause (1) or (2) only when
2.3 	actually transporting the physically disabled person for the
2.4 	sole benefit of that person and when the parking space is within
2.5 	a reasonable distance from the drop-off point.
2.6 	(b) For purposes of this subdivision, a certificate is
2.7 	prominently displayed if it is displayed so that it may be
2.8 	viewed from the front and rear of the vehicle by hanging it from
2.9 	the rearview mirror attached to the front windshield of the
2.10 	vehicle, section 169.71, subdivision 1, to the contrary
2.11 	notwithstanding.  If there is no rearview mirror or if the
2.12 	certificate holder's disability precludes placing the
2.13 	certificate on the mirror, the placard must be displayed on the
2.14 	dashboard on the driver's side of the vehicle.  No part of the
2.15 	certificate may be obscured.
2.16 	(c) Notwithstanding paragraph (a), clauses (1), (2), and
2.17 	(3), this section does not permit parking in areas prohibited by
2.18 	sections section 169.32 and or 169.34, in designated no parking
2.19 	spaces, or in parking spaces reserved for specially modified
2.20 	vans under paragraph (d) or for other specified purposes or
2.21 	vehicles.  A local governmental unit may, by ordinance, prohibit
2.22 	parking on any street or highway to create a fire lane, or to
2.23 	accommodate heavy traffic during morning and afternoon rush
2.24 	hours and these ordinances also apply to physically disabled
2.25 	persons.
2.26 	(d) In addition to the parking authority granted under
2.27 	paragraph (a), a van displaying plates issued under section
2.28 	168.021, that is specially modified for and used exclusively by
2.29 	a permanently physically disabled person, and only such van, may
2.30 	be parked by or solely for the benefit of that person in a
2.31 	designated van-only parking space for disabled persons.  For
2.32 	purposes of this section and section 169.346, "van" means any
2.33 	vehicle that has a box-like design with no barrier or separation
2.34 	between the operator's area and the remainder of the
2.35 	cargo-carrying or passenger-carrying area and that has a
2.36 	manufacturer's nominal rated carrying capacity of one ton or
3.1 	less.

3.2 	Sec. 2. Minnesota Statutes 2004, section 169.346,
3.3 	subdivision 1, is amended to read:
3.4 		Subdivision 1.Disability parking space prohibitions.
 3.5 	(a) A person shall not:
3.6 	(1) park a motor vehicle in or obstruct access to a parking
3.7 	space designated and reserved for the physically disabled, on
3.8 	either private or public property;
3.9 	(2) park a motor vehicle in or obstruct access to an area
3.10 	designated by a local governmental unit as a transfer zone for
3.11 	disabled persons;
3.12 	(3) exercise the parking privilege provided in section
3.13 	169.345, unless:
3.14 	(i) that person is a physically disabled person as defined
3.15 	in section 169.345, subdivision 2, or the person is transporting
3.16 	or parking a vehicle for a physically disabled person; and
3.17 	(ii) the vehicle visibly displays one of the following:  a
3.18 	license plate issued under section 168.021, a certificate issued
3.19 	under section 169.345, a temporary permit valid for 30 days
3.20 	issued under section 168.021 or 169.345, or an equivalent
3.21 	certificate, insignia, or license plate issued by another state,
3.22 	a foreign country, or one of its political subdivisions; or
3.23 	(4) park a motor vehicle in an area used as a regular route
3.24 	transit stopping point where a transit vehicle that is
3.25 	accessible to the physically disabled regularly stops and a sign
3.26 	that bears the international symbol of access in white on blue
3.27 	is posted.  A sign posted under this clause may display other
3.28 	information relating to the regular route transit service.  For
3.29 	purposes of this clause, an area used as a regular route transit
3.30 	stopping point consists of the 80 feet immediately preceding the
3.31 	sign described in this clause.
3.32 	(b) A person, whether disabled or not, shall not park a
3.33 	motor vehicle that is not a van described in section 169.345,
3.34 	subdivision 1, in a parking space designated as "van only" or
3.35 	"van accessible" and reserved for a physically disabled person
3.36 	who is operating or being transported in a specially modified
4.1 	van described in that subdivision.  A person who violates this
4.2 	paragraph is guilty of a misdemeanor and subject to a penalty
4.3 	under subdivision 3.

4.4 	Sec. 3. Minnesota Statutes 2004, section 169.346,
4.5 	subdivision 2, is amended to read:
4.6 		Subd. 2.Disability parking space signs.  (a) Parking
4.7 	spaces reserved for physically disabled persons must be
4.8 	designated and identified by the posting of signs incorporating
4.9 	the international symbol of access in white on blue and
4.10 	indicating that violators are subject to a fine of up to $200.
4.11 	These parking spaces are reserved for disabled persons with
4.12 	vehicles displaying the required certificate, license plates,
4.13 	temporary permit valid for 30 days, or insignia. In addition,
4.14 	parking spaces reserved only for physically disabled persons
4.15 	operating or being transported in vans described in section
4.16 	169.345, subdivision 1, paragraph (d), must be further
4.17 	identified by the posting of an additional "van only" or "van
4.18 	accessible" sign.Signs sold after August 1, 1991 2005, must
4.19 	conform to the design requirements in this paragraph.
4.20 	(b) For purposes of this subdivision, a parking space that
4.21 	is clearly identified as reserved for physically disabled
4.22 	persons by a permanently posted sign that does not meet all
4.23 	design standards, is considered designated and reserved for
4.24 	physically disabled persons.  A sign posted for the purpose of
4.25 	this section must be visible from inside a vehicle parked in the
4.26 	space, be kept clear of snow or other obstructions which block
4.27 	its visibility, and be nonmovable or only movable by authorized
4.28 	persons.