189.456 Accessible parking placard for person with a disability -- Duplicate
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/ky/189-456A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
placard -- Fees -- Proof of disability -- Application by parent or guardian --
Organizations transporting disabled individuals -- Display -- Administrative
regulations.
(1)On the application of any person who has a severe visual, audio, or physical
impairment, including partial paralysis, lower limb amputation, chronic heart
condition, emphysema, arthritis, rheumatism, or other debilitating condition which
limits or impairs one's personal mobility or ability to walk, the county clerk in the
county of the person's residence shall issue the person with a disability an accessible
parking placard. In addition, any agency or organization which transports persons
with a disability as a part of the service provided by that agency or organization
shall receive an accessible parking placard upon application to the county clerk for
each vehicle used in the transportation of persons with a disability. The accessible
parking placard issued shall be a two
(2)sided hanger style placard and shall on
each side bear the international symbol of access adopted by Rehabilitation
International in 1969. One
(1)side of the placard shall bear the date of expiration of
the placard, a seal or other identification of the Kentucky Transportation Cabinet,
and shall contain the accessible parking placard identification number and other
information the Transportation Cabinet may by regulation require. The international
symbol of access shall be at least three
(3)inches in height, be centered on the
placard and in a white color on a blue shield. Any information contained on the
placard shall be written in indelible ink or inscribed in other permanent fashion so
as to prevent tampering with or the changing of information contained on the
placard.
(2)The county clerk shall issue an applicant one
(1)accessible parking placard at no
cost. Except as outlined in subsection
(7)of this section, an applicant may obtain
one
(1)duplicate placard. A fee of ten dollars ($10) shall be assessed for an initial
or renewal duplicate placard, of which eight dollars ($8) shall be forwarded to the
road fund and two dollars ($2) shall be retained by the clerk. The placard shall be
valid for a period of six
(6)years and may be renewed an unlimited number of
times. A placard shall expire in the applicant's birth month and may be renewed up
to twelve
(12)months prior to its expiration date. Upon renewal, a receipt and decal
shall be issued that both contain the placard number, placard expiration date, and
other information required by the Transportation Cabinet. The decal shall be affixed
to the existing placard. Placards shall be printed at cabinet expense. The county
clerk of each county shall keep a record of applications filed and placards issued.
Placards issued under this section shall be issued in the name of the applicant and
shall not be tied to the applicant's motor vehicle or a motor vehicle used to transport
the applicant.
(3)For every person seeking an initial accessible parking placard or renewal of a
placard issued prior to July 14, 2018, proof of the disability shall be required by:
(a)Evidence that the individual has a license plate for a person with a disability
as provided by KRS 186.041 or 186.042;
(b)The county clerk issuing the permit ascertaining that the applicant meets the
criteria established by the Transportation Cabinet for determining that the
applicant is disabled; or
(c)A statement from a licensed physician, physician assistant, chiropractor, or
advanced practice registered nurse that the applicant is a person whose
mobility, flexibility, coordination, respiration, or perceptiveness is
significantly reduced by a permanent disability to that person's arms, legs,
lungs, heart, ears, or eyes. The statement shall be on a form prescribed by the
Transportation Cabinet and shall not be dated more than sixty
(60)days prior
to the date of application.
(a)A parent or guardian of a disabled minor may apply for a placard on behalf of
the disabled person by submitting the form identified in subsection
(3)of this
section.
(b)A parent or guardian of a disabled adult may apply for a placard on behalf of
the disabled person by submitting the form identified in subsection
(3)of this
section and a power of attorney or proof of guardianship for the disabled
person.
(5)The Transportation Cabinet may allow the county clerk to issue an accessible
disabled placard to an organization transporting disabled individuals. For every
agency or organization seeking an accessible parking placard for a person with a
disability, application for the placard shall include:
(a)Name of the agency or organization requesting use of an accessible parking
placard;
(b)Number of vehicles being used in the transportation of persons with a
disability; and
(c)A statement from the director of the agency or organization verifying the need
for the parking placard.
(6)The accessible parking placard shall, when the vehicle is parked in a parking space
identified as accessible to a person with a disability, be displayed so that the
expiration date may be viewed from the front of the vehicle by hanging the placard
from the front windshield rear view mirror. When there is no rear view mirror, the
placard shall be displayed on the dashboard so that the expiration date may be
viewed.
(7)A person who has been issued a license plate for a person with a disability under the
provisions of KRS 186.041 or 186.042 shall only be issued one
(1)parking placard
under this section at no cost and shall not be issued a duplicate placard.
(8)A person with a disability who has been issued a parking placard pursuant to this
section may make application for a replacement placard by swearing in an affidavit
that the original placard has been lost, stolen, or destroyed. The replacement parking
placard shall be issued at a fee of ten dollars ($10), of which eight dollars ($8) shall
be forwarded to the road fund and two dollars ($2) shall be retained by the clerk. If
a damaged placard is returned to the clerk, a replacement shall be issued at no cost.
(9)The Transportation Cabinet may promulgate administrative regulations pursuant to
KRS Chapter 13A to implement or administer this section, including but not limited to the designing of required forms, establishing placard issuance criteria for county clerks, and establishing criteria for placard issuance for organizations.