2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 13 - Registration of Vehicles
1338 - Person with disability plate and placard.

     § 1338.  Person with disability plate and placard.
        (a)  Person with disability plate.--On the application of any
     person who:
            (1)  is blind;
            (2)  does not have full use of an arm or both arms;
            (3)  cannot walk 200 feet without stopping to rest;
            (4)  cannot walk without the use of, or assistance from,
        a brace, cane, crutch, another person, prosthetic device,
        wheelchair or other assistive device;
            (5)  is restricted by lung disease to such an extent that
        the person's forced (respiratory) expiratory volume for one
        second, when measured by spirometry, is less than one liter
        or the arterial oxygen tension is less than 60 mm/hg on room
        air at rest;
            (6)  uses portable oxygen;
            (7)  has a cardiac condition to the extent that the
        person's functional limitations are classified in severity as
        Class III or Class IV according to the standards set by the
        American Heart Association;
            (8)  is severely limited in his or her ability to walk
        due to an arthritic, neurological or orthopedic condition; or
            (9)  is a person in loco parentis of a person specified
        in paragraph (1), (2), (3), (4), (5), (6), (7) or (8);
     the department shall issue a special registration plate for one
     passenger car or truck with a registered gross weight of not
     more than 10,000 pounds, designating the vehicle so licensed as
     being used by a person with a disability. Special plates for
     persons with disabilities may also be issued for vehicles
     operated exclusively for the use and benefit of persons with
     disabilities. In the case of a motorcycle, the department shall
     issue a decal containing the international symbol for access for
     persons with disabilities for display on the registration plate.
        (b)  Person with disability parking placard.--On the initial
     application or renewal application of any person who meets the
     qualifications of subsection (a), the department shall issue one
     special parking placard of such size and design as the
     department shall specify, designating the vehicle in which it is
     displayed as being used for the transportation of persons with
     disabilities. When parking the designated vehicle, the person
     with disability parking placard shall be prominently displayed
     in such a manner that it may be viewed from the front and rear
     of the vehicle by hanging it from the front windshield rearview
     mirror of a vehicle only when that vehicle is utilizing a
     parking space reserved for persons with disabilities. When there
     is no rearview mirror, or the placard is not designed in such a
     manner to accommodate hanging from a rearview mirror, the
     placard shall be displayed on the dashboard. Placards may also
     be issued for use in vehicles when operated for the use and
     benefit of persons with disabilities provided that a person with
     a disability is being transported in the vehicle. Organizations
     that transport persons with disabilities shall upon application
     be issued not more than eight placards in the organization's
     name. These placards may be used in a vehicle of the
     organization or the personal vehicle of an employee or volunteer
     of the organization when the employee or volunteer operates the
     vehicle for the benefit and use of persons with disabilities
     provided that a person with a disability is being transported in
     the vehicle.
        (c)  Health care provider's statement.--
            (1)  Any person applying for a special plate or parking
        placard for persons with disabilities must present a
        statement, certified by a physician, podiatrist,
        chiropractor, physician assistant or certified registered
        nurse practitioner licensed or certified to practice in this
        Commonwealth or in a contiguous state, that the person with a
        disability is disabled as provided in subsection (a).
            (2)  Any person applying for a renewal of registration of
        a special plate for persons with disabilities must comply
        with this subsection. Once a person with a disability has
        been duly certified by a physician, podiatrist, chiropractor,
        physician assistant or certified registered nurse
        practitioner as being disabled, as provided in subsection
        (a), the applicant need not submit a certification for
        subsequent renewals of registration for a special plate for
        persons with disabilities. A person who was issued a person
        with disability plate under this section and no longer
        qualifies for one shall not be charged a replacement fee for
        a regular registration plate upon payment of the regular
        registration fee.
            (3)  In lieu of a health care provider's statement, a
        person applying for a special plate or parking placard may
        present a statement from a police officer certifying that the
        person does not have full use of a leg, or both legs, or is
        blind.
            (4)  The department shall phase out existing handicapped
        placards as soon as practicable and issue a new series to
        persons who comply with this section.
        (c.1)  Return of plates and placard.--Upon the death of a
     person to whom a plate or placard has been issued under this
     section, the plate or placard shall be void 30 days after death
     and shall not be displayed on any vehicle. The personal
     representative of the deceased shall return the plate to the
     department. If there is no personal representative, the spouse
     or, if there is no spouse, the next of kin of the deceased shall
     return the plate or placard to the department.
        (c.2)  Authorized use.--This section shall not preclude the
     operation of a vehicle which bears a person with disability
     plate when the vehicle is not being used for the benefit of the
     person with a disability or when the person with a disability is
     not present in the vehicle, provided the driver does not use or
     attempt to use any special privilege or benefit otherwise
     accorded to vehicles displaying the plate.
        (d)  Penalty.--Any person violating this section commits a
     summary offense and shall, upon conviction, be sentenced to pay
     a fine of not more than $100.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Chiropractor."  A chiropractor acting within the scope of
     practice contained in the act of December 16, 1986 (P.L.1646,
     No.188), known as the Chiropractic Practice Act.
        "Podiatrist."  A podiatrist acting within the scope of
     practice contained in the act of March 2, 1956 (1955 P.L.1206,
     No.375), known as the Podiatry Practice Act.
     (July 11, 1980, P.L.550, No.113, eff. 60 days; Oct. 10, 1980,
     P.L.791, No.147, eff. imd.; May 9, 1986, P.L.158, No.51, eff. 60
     days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11,
     1990, P.L.432, No.105, eff. 60 days; July 19, 1991, P.L.88,
     No.20, eff. 90 days; Apr. 29, 1994, P.L.148, No.25, eff. imd.;
     July 6, 1995, P.L.246, No.30, eff. 60 days; Dec. 15, 1995,
     P.L.655, No.72, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,
     eff. 60 days; July 15, 2004, P.L.698, No.76, eff. 60 days; Dec
     18, 2007, P.L.436, No.67, eff. 60 days)

        2007 Amendment.  Act 67 amended subsec. (a)(9).
        2004 Amendment.  Section 2 of Act 76 provided that any
     regulations of the Department of Transportation that are
     inconsistent with Act 76 are hereby abrogated to the extent of
     that inconsistency.
        Cross References.  Section 1338 is referred to in sections
     1334, 1342 of this title.