§ 20-37.6. Parking privileges for handicapped drivers and passengers. - North Carolina Statutes

§ 20‑37.6.  Parkingprivileges for handicapped drivers and passengers.

(a)        General Parking. – Anyvehicle that is driven by or is transporting a person who is handicapped andthat displays a distinguishing license plate, a removable windshield placard,or a temporary removable windshield placard may be parked for unlimited periodsin parking zones restricted as to the length of time parking is permitted. Thisprovision has no application to those zones or during times in which thestopping, parking, or standing of all vehicles is prohibited or which arereserved for special types of vehicles. Any qualifying vehicle may park inspaces designated as restricted to vehicles driven by or transporting thehandicapped.

(b)        Handicapped CarOwners; Distinguishing License Plates. – If the handicapped person is aregistered owner of a vehicle, the owner may apply for and display adistinguishing license plate. This license plate shall be issued for the normalfee applicable to standard license plates. Any vehicle owner who qualifies fora distinguishing license plate may also receive one removable windshieldplacard.

(c)        Handicapped Driversand Passengers; Distinguishing Placards. – Handicapped Drivers and Passengers;Distinguishing Placards. – A handicapped person may apply for the issuance of aremovable windshield placard or a temporary removable windshield placard. Uponrequest, one additional placard may be issued to applicants who do not have adistinguishing license plate. Any organization which, as determined and certifiedby the State Vocational Rehabilitation Agency, regularly transports handicappedpersons may also apply. These organizations may receive one removablewindshield placard for each transporting vehicle. When the removable windshieldor temporary removable windshield placard is properly displayed, all parkingrights and privileges extended to vehicles displaying a distinguishing licenseplate issued pursuant to subsection (b) shall apply. The removable windshieldplacard or the temporary removable windshield placard shall be displayed sothat it may be viewed from the front and rear of the vehicle by hanging it fromthe front windshield rearview mirror of a vehicle using a parking space allowedfor handicapped persons. When there is no inside rearview mirror, or when theplacard cannot reasonably be hung from the rearview mirror by the handicappedperson, the placard shall be displayed on the driver's side of the dashboard. Aremovable windshield placard placed on a motorized wheelchair or similar vehicleshall be displayed in a clearly visible location. The Division shall establishprocedures for the issuance of the placards and may charge a fee sufficient topay the actual cost of issuance, but in no event less than five dollars ($5.00)per placard. The Division shall issue a placard registration card with eachplacard issued to a handicapped person. The registration card shall bear thename of the person to whom the placard is issued, the person's address, theplacard number, and an expiration date. The registration card shall be in thevehicle in which the placard is being used, and the person to whom the placardis issued shall be the operator or a passenger in the vehicle in which theplacard is displayed.

(c1)      Application andRenewal; Physician's Certification. – The initial application for adistinguishing license plate, removable windshield placard, or temporaryremovable windshield placard shall be accompanied by a certification of alicensed physician, ophthalmologist, or optometrist or of the Division ofServices for the Blind that the applicant is handicapped. The application for atemporary removable windshield placard shall contain additional certificationto include the period of time the certifying authority determines the applicantwill have the disability. Distinguishing license plates shall be renewedannually, but subsequent applications shall not require a medical certificationthat the applicant is handicapped. Removable windshield placards shall berenewed every five years, and the renewal shall require a medicalrecertification that the person is handicapped. Temporary removable windshieldplacards shall expire no later than six months after issuance.

(c2)      Existing Placards;Expiration; Exchange for New Placards. – All existing placards shall expire onJanuary 1, 1992. No person shall be convicted of parking in violation of thisArticle by reason of an expired placard if the defendant produces in court, atthe time of trial on the illegal parking charge, an expired placard and a renewedplacard issued within 30 days of the expiration date of the expired placard andwhich would have been a defense to the charge had it been issued prior to thetime of the alleged offense. Existing placards issued on or after July 1, 1989,may be exchanged without charge for the new placards.

(c3)      It shall be unlawfulto sell a distinguishing license plate, a removable windshield placard, or atemporary removable windshield placard issued pursuant to this section. Aviolation of this subsection shall be a Class 2 misdemeanor and may be punishedpursuant to G.S. 20‑176(c) and (c1).

(d)        Designation ofParking Spaces. – Designation of parking spaces for handicapped persons onstreets and public vehicular areas shall comply with G.S. 136‑30. A signdesignating a parking space for handicapped persons shall state the maximumpenalty for parking in the space in violation of the law.

(d1)      Repealed by SessionLaws 1991, c. 530, s. 4.

(e)        Enforcement ofHandicapped Parking Privileges. – It shall be unlawful:

(1)        To park or leavestanding any vehicle in a space designated with a sign pursuant to subsection(d) of this section for handicapped persons when the vehicle does not displaythe distinguishing license plate, removable windshield placard, or temporaryremovable windshield placard as provided in this section, or a disabled veteranregistration plate issued under G.S. 20‑79.4;

(2)        For any person notqualifying for the rights and privileges extended to handicapped persons underthis section to exercise or attempt to exercise such rights or privileges bythe unauthorized use of a distinguishing license plate, removable windshieldplacard, or temporary removable windshield placard issued pursuant to theprovisions of this section;

(3)        To park or leavestanding any vehicle so as to obstruct a curb ramp or curb cut for handicappedpersons as provided for by the North Carolina Building Code or as designated inG.S. 136‑44.14;

(4)        For thoseresponsible for designating parking spaces for the handicapped to erect orotherwise use signs not conforming to G.S. 20‑37.6(d) for this purpose.

This section is enforceable inall public vehicular areas.

(f)         Penalties forViolation. –

(1)        A violation of G.S.20‑37.6(e)(1), (2) or (3) is an infraction which carries a penalty of atleast one hundred dollars ($100.00) but not more than two hundred fifty dollars($250.00) and whenever evidence shall be presented in any court of the factthat any automobile, truck, or other vehicle was found to be parked in aproperly designated handicapped parking space in violation of the provisions ofthis section, it shall be prima facie evidence in any court in the State ofNorth Carolina that the vehicle was parked and left in the space by the person,firm, or corporation in whose name the vehicle is registered and licensedaccording to the records of the Division. No evidence tendered or presentedunder this authorization shall be admissible or competent in any respect in anycourt or tribunal except in cases concerned solely with a violation of thissection.

(2)        A violation of G.S.20‑37.6(e)(4) is an infraction which carries a penalty of at least onehundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00)and whenever evidence shall be presented in any court of the fact that a nonconformingsign is being used it shall be prima facie evidence in any court in the Stateof North Carolina that the person, firm, or corporation with ownership of theproperty where the nonconforming sign is located is responsible for violationof this section. Building inspectors and others responsible for North CarolinaState Building Code violations specified in G.S. 143‑138(h) where suchsigns are required by the Handicapped Section of the North Carolina StateBuilding Code, may cause a citation to be issued for this violation and mayalso initiate any appropriate action or proceeding to correct such violation.

(3)        A law‑enforcementofficer, including a company police officer commissioned by the AttorneyGeneral under Chapter 74E of the General Statutes, or a campus police officercommissioned by the Attorney General under Chapter 74G of the General Statutes,may cause a vehicle parked in violation of this section to be towed. Theofficer is a legal possessor as provided in G.S. 20‑161(d)(2). Theofficer shall not be held to answer in any civil or criminal action to anyowner, lienholder or other person legally entitled to the possession of anymotor vehicle removed from a space pursuant to this section, except where themotor vehicle is willfully, maliciously, or negligently damaged in the removalfrom the space to a place of storage.

(4)        Notwithstanding anyother provision of the General Statutes, the provisions of this sectionrelative to handicapped parking shall be enforced by State, county, city andother municipal authorities in their respective jurisdictions whether on publicor private property in the same manner as is used to enforce other parking lawsand ordinances by said agencies.  (1971, c. 374, s. 1; 1973, cc. 126, 1384; 1977, c.340, s. 2; 1979, c. 632; 1981, c. 682, s. 7; 1983, c. 326, ss. 1, 2; 1985, c.249; c. 586; c. 764, s. 24; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c.843; 1989, c. 760, s. 3; 1989 (Reg. Sess., 1990), c. 1052, ss. 1‑3.1;1991, c. 411, s. 2; c. 530, s. 4; c. 672, s. 5; c. 726, s. 23; c. 761, s. 5;1991 (Reg. Sess., 1992), c. 1007, s. 30; c. 1043, s. 4; 1993, c. 373, s. 1;1994, Ex. Sess., c. 14, s. 31; 1999‑265, s. 1; 2005‑231, s. 11;2009‑493, s. 2.)