2013 Maryland Code
TRANSPORTATION
§ 21-1005 - Reservation of parking space for person confined to wheelchair


MD Transp Code § 21-1005 (2013) What's This?

§21-1005.

(a) A person who has a permanent physical disability may apply to the Administration, on the form that it requires, for a permit for one personal residential reserved parking space:

(1) To be located at the curb, side, or edge of the roadway of the highway in front of or near the applicant’s dwelling unit; and

(2) To provide convenience and safety as the person enters or leaves a vehicle.

(b) (1) The Administration shall issue the permit:

(i) If the applicant is required to use a wheelchair to move about or if the Administration determines that the disability is so severe that the applicant would endure a hardship or be subject to a risk of injury if the applicant should enter or leave the vehicle at a less convenient location; and

(ii) If the Administration determines that the physical disability is permanent.

(2) To determine if eligibility requirements continue to be met, the Administration may conduct a review of any personal residential permit for reserved parking space it has issued under this subsection. If it determines that eligibility requirements are not being met, the Administration may:

(i) Revoke the personal residential permit for reserved parking space; and

(ii) Require the appropriate agency to remove any sign or other identification of the reserved space.

(3) If the Administration finds it necessary to review the severity or permanency of the disability of a holder of a personal residential permit for reserved parking space, the Administration may request review and recommendation by the Medical Advisory Board established under § 16-118 of this article.

(c) (1) Except as provided in paragraph (2) of this subsection, any parking space reserved under this section shall be adjacent to the applicant’s property lines or the property lines of the applicant’s dwelling unit and may not extend to the roadway adjacent to neighboring properties.

(2) If the applicant’s property lines or the property lines of the applicant’s dwelling unit are too narrow to accommodate and contain the entire parking space necessary to park the applicant’s vehicle, or if it is necessary to reserve 2 or more abutting parking spaces under this section, the maximum possible portion of the necessary space shall be adjacent to the applicant’s property lines or the property lines of the applicant’s dwelling unit.

(d) On receipt of the permit, the person shall affix it to the vehicle in a conspicuous place.

(e) A person may not commit any fraud or make any misrepresentation in applying for a permit for a personal residential reserved parking space issued under this section or in any certification of fact as to the contents of the application.

(f) A person may not commit any fraud or make any misrepresentation in using a permit for a personal residential reserved parking space issued under this section.

(g) In addition to any other penalty provided by law for a violation of this section, the Administration may refuse to issue a permit for a personal residential reserved parking space or revoke a permit that has been issued.

(h) A person aggrieved by a decision or order of the Administration issued under this section may appeal from the decision or order as provided in § 12-209 of this article.

(i) After the Administration issues the permit for a personal residential reserved parking space, the Administration shall notify the State Highway Administration or, as to parking spaces in Baltimore City, the Baltimore City Department of Transportation, or, as to parking spaces in Baltimore County, the Baltimore County Department of Traffic Engineering.

(j) Except in Baltimore City and Baltimore County, within 30 days after it receives the notification required by subsection (i) of this section, the State Highway Administration shall install and maintain at the proper place a sign or signs, which shall:

(1) Conform to the applicable requirements of the Maryland Accessibility Code adopted under § 12-202 of the Public Safety Article; and

(2) Designate the space as a personal residential parking space.

(k) In Baltimore City, the establishment of a personal residential reserved parking space shall be subject to approval of the Baltimore City Department of Transportation, in accordance with the charter and public local laws of Baltimore City.

(l) In Baltimore County, the establishment of a personal residential reserved parking space shall be subject to approval of the Baltimore County Department of Traffic Engineering, in accordance with the charter and public local laws of Baltimore County.

(m) Unless the vehicle displays a personal residential permit issued for the space in which the vehicle is parked, a person may not park a vehicle in a personal residential reserved parking space established under this section.

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