§ 4503.44
(A) As used in this section and in section 4511.69
of the Revised Code: (1) "Person with a disability that limits or impairs
the ability to walk" means any person who, as determined by a physician or
chiropractor, meets any of the following criteria: (a) Cannot walk two hundred
feet without stopping to rest; (b) Cannot walk without the use of, or assistance
from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or
other assistive device; (c) Is restricted by a 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 sixty millimeters of mercury on room air at rest; (d) Uses portable
oxygen; (e) 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
standards set by the American heart association; (f) Is severely limited in the
ability to walk due to an arthritic, neurological, or orthopedic condition; (g)
Is blind. (2) "Organization" means any private organization or
corporation, or any governmental board, agency, department, division, or office,
that, as part of its business or program, transports persons with disabilities
that limit or impair the ability to walk on a regular basis in a motor vehicle
that has not been altered for the purpose of providing it with special equipment
for use by handicapped persons. This definition does not apply to division (J)
of this section. (3) "Physician" means a person licensed to practice
medicine or surgery or osteopathic medicine and surgery under Chapter 4731. of
the Revised Code. (4) "Chiropractor" means a person licensed to
practice chiropractic under Chapter 4734. of the Revised Code. (B) Any
organization or person with a disability that limits or impairs the ability to
walk may apply to the registrar of motor vehicles for a removable windshield
placard or, if the person owns or leases a motor vehicle, the person may apply
for the registration of any motor vehicle the person owns or leases. In addition
to one or more sets of license plates or one placard, a person with a disability
that limits or impairs the ability to walk is entitled to one additional
placard, but only if the person applies separately for the additional placard,
states the reasons why the additional placard is needed, and the registrar, in
the registrar's discretion, determines that good and justifiable cause exists to
approve the request for the additional placard. When a motor vehicle has been
altered for the purpose of providing it with special equipment for a person with
a disability that limits or impairs the ability to walk, but is owned or leased
by someone other than such a person, the owner or lessee may apply to the
registrar or a deputy registrar for registration under this section. The
application for registration of a motor vehicle owned or leased by a person with
a disability that limits or impairs the ability to walk shall be accompanied by
a signed statement from the applicant's personal physician or chiropractor
certifying that the applicant meets at least one of the criteria contained in
division (A)(1) of this section and that the disability is expected to continue
for more than six consecutive months. The application for a removable windshield
placard made by a person with a disability that limits or impairs the ability to
walk shall be accompanied by a prescription from the applicant's personal
physician or chiropractor prescribing such a placard for the applicant, and by a
signed statement certifying that the applicant meets at least one of the
criteria contained in division (A)(1) of this section. The physician or
chiropractor shall state on the prescription the length of time the physician or
chiropractor expects the applicant to have the disability that limits or impairs
the applicant's ability to walk. The application for a removable windshield
placard made by an organization shall be accompanied by such documentary
evidence of regular transport of persons with disabilities that limit or impair
the ability to walk by the organization as the registrar may require by rule and
shall be completed in accordance with procedures that the registrar may require
by rule. The application for registration of a motor vehicle that has been
altered for the purpose of providing it with special equipment for a person with
a disability that limits or impairs the ability to walk but is owned by someone
other than such a person shall be accompanied by such documentary evidence of
vehicle alterations as the registrar may require by rule. (C) When an
organization, a person with a disability that limits or impairs the ability to
walk, or a person who does not have a disability that limits or impairs the
ability to walk but owns a motor vehicle that has been altered for the purpose
of providing it with special equipment for a person with a disability that
limits or impairs the ability to walk first submits an application for
registration of a motor vehicle under this section and every fifth year
thereafter, the organization or person shall submit a signed statement from the
applicant's personal physician or chiropractor, a completed application, and any
required documentary evidence of vehicle alterations as provided in division (B)
of this section, and also a power of attorney from the owner of the motor
vehicle if the applicant leases the vehicle. Upon submission of these items, the
registrar or deputy registrar shall issue to the applicant appropriate vehicle
registration and a set of license plates and validation stickers, or validation
stickers alone when required by section 4503.191
of the Revised Code. In addition to the letters and numbers ordinarily inscribed
thereon, the license plates shall be imprinted with the international symbol of
access. The license plates and validation stickers shall be issued upon payment
of the regular license fee as prescribed under section 4503.04
of the Revised Code and any motor vehicle tax levied under Chapter 4504. of the
Revised Code, and the payment of a service fee equal to the amount specified in
division (D) or (G) of section 4503.10 of the Revised Code. (D)(1) Upon receipt of a completed and signed application
for a removable windshield placard, a prescription as described in division (B)
of this section, documentary evidence of regular transport of persons with
disabilities that limit or impair the ability to walk, if required, and payment
of a service fee equal to the amount specified in division (D) or (G) of section
4503.10
of the Revised Code, the registrar or deputy registrar shall issue to the
applicant a removable windshield placard, which shall bear the date of
expiration on both sides of the placard and shall be valid until expired,
revoked, or surrendered. Every removable windshield placard expires as described
in division (D)(2) of this section, but in no case shall a removable windshield
placard be valid for a period of less than sixty days. Removable windshield
placards shall be renewable upon application as provided in division (B) of this
section, and a service fee equal to the amount specified in division (D) or (G)
of section 4503.10
of the Revised Code shall be charged for the renewal of a removable windshield
placard. The registrar shall provide the application form and shall determine
the information to be included thereon. The registrar also shall determine the
form and size of the removable windshield placard, the material of which it is
to be made, and any other information to be included thereon, and shall adopt
rules relating to the issuance, expiration, revocation, surrender, and proper
display of such placards. Any placard issued after October 14, 1999, shall be
manufactured in a manner that allows the expiration date of the placard to be
indicated on it through the punching, drilling, boring, or creation by any other
means of holes in the placard. (2) At the time a removable windshield placard is
issued to a person with a disability that limits or impairs the ability to walk,
the registrar or deputy registrar shall enter into the records of the bureau of
motor vehicles the last date on which the person will have that disability, as
indicated on the accompanying prescription. Not less than thirty days prior to
that date and all removable windshield placard renewal dates, the bureau shall
send a renewal notice to that person at the person's last known address as shown
in the records of the bureau, informing the person that the person's removable
windshield placard will expire on the indicated date not to exceed five years
from the date of issuance, and that the person is required to renew the placard
by submitting to the registrar or a deputy registrar another prescription, as
described in division (B) of this section, and by complying with the renewal
provisions prescribed in division (D)(1) of this section. If such a prescription
is not received by the registrar or a deputy registrar by that date, the placard
issued to that person expires and no longer is valid, and this fact shall be
recorded in the records of the bureau. (3) At least once every year, on a date
determined by the registrar, the bureau shall examine the records of the office
of vital statistics, located within the department of health, that pertain to
deceased persons, and also the bureau's records of all persons who have been
issued removable windshield placards and temporary removable windshield
placards. If the records of the office of vital statistics indicate that a
person to whom a removable windshield placard or temporary removable windshield
placard has been issued is deceased, the bureau shall cancel that placard, and
note the cancellation in its records. The office of vital statistics shall make
available to the bureau all information necessary to enable the bureau to comply
with division (D)(3) of this section. (4) Nothing in this section shall be
construed to require a person or organization to apply for a removable
windshield placard or special license plates if the parking card or special
license plates issued to the person or organization under prior law have not
expired or been surrendered or revoked. (E) Any person with a disability that
limits or impairs the ability to walk may apply to the registrar or a deputy
registrar for a temporary removable windshield placard. The application for a
temporary removable windshield placard shall be accompanied by a prescription
from the applicant's personal physician or chiropractor prescribing such a
placard for the applicant, and by a signed statement certifying that the
applicant meets at least one of the criteria contained in division (A)(1) of
this section and that the disability is expected to continue for six consecutive
months or less. The physician or chiropractor shall state on the prescription
the length of time the physician or chiropractor expects the applicant to have
the disability that limits or impairs the applicant's ability to walk, which
cannot exceed six months from the date of the prescription. Upon receipt of an
application for a temporary removable windshield placard, presentation of the
prescription and the signed statement from the applicant's personal physician or
chiropractor, and payment of a service fee equal to the amount specified in
division (D) or (G) of section 4503.10
of the Revised Code, the registrar or deputy registrar shall issue to the
applicant a temporary removable windshield placard. The temporary removable
windshield placard shall be of the same size and form as the removable
windshield placard, shall be printed in white on a red-colored background, and
shall bear the word "temporary" in letters of such size as the
registrar shall prescribe. A temporary removable windshield placard also shall
bear the date of expiration on the front and back of the placard, and shall be
valid until expired, surrendered, or revoked, but in no case shall such a
placard be valid for a period of less than sixty days. The registrar shall
provide the application form and shall determine the information to be included
on it. The registrar also shall determine the material of which the temporary
removable windshield placard is to be made and any other information to be
included on the placard and shall adopt rules relating to the issuance,
expiration, surrender, revocation, and proper display of those placards. Any
temporary removable windshield placard issued after October 14, 1999, shall be
manufactured in a manner that allows for the expiration date of the placard to
be indicated on it through the punching, drilling, boring, or creation by any
other means of holes in the placard. (F) If an applicant for a removable
windshield placard is a veteran of the armed forces of the United States whose
disability, as defined in division (A)(1) of this section, is service-connected,
the registrar or deputy registrar, upon receipt of the application, presentation
of a signed statement from the applicant's personal physician or chiropractor
certifying the applicant's disability, and presentation of such documentary
evidence from the department of veterans affairs that the disability of the
applicant meets at least one of the criteria identified in division (A)(1) of
this section and is service-connected as the registrar may require by rule, but
without the payment of any service fee, shall issue the applicant a removable
windshield placard that is valid until expired, surrendered, or revoked. Upon a
conviction of a violation of division (H), (I), or (J) of this section, the
court shall report the conviction, and send the placard or parking card, if
available, to the registrar, who thereupon shall revoke the privilege of using
the placard or parking card and send notice in writing to the placardholder or
cardholder at that holder's last known address as shown in the records of the
bureau, and the placardholder or cardholder shall return the placard or card if
not previously surrendered to the court, to the registrar within ten days
following mailing of the notice. Whenever a person to whom a removable
windshield placard or parking card has been issued moves to another state, the
person shall surrender the placard or card to the registrar; and whenever an
organization to which a placard or card has been issued changes its place of
operation to another state, the organization shall surrender the placard or card
to the registrar. (G) Subject to division (F) of section 4511.69
of the Revised Code, the operator of a motor vehicle displaying a removable
windshield placard, temporary removable windshield placard, parking card, or the
special license plates authorized by this section is entitled to park the motor
vehicle in any special parking location reserved for persons with disabilities
that limit or impair the ability to walk, also known as handicapped parking
spaces or disability parking spaces. (H) No person or organization that is not
eligible under division (B) or (E) of this section shall willfully and falsely
represent that the person or organization is so eligible. No person or
organization shall display license plates issued under this section unless the
license plates have been issued for the vehicle on which they are displayed and
are valid. (I) No person or organization to which a removable windshield placard
or temporary removable windshield placard is issued shall do either of the
following: (1) Display or permit the display of the placard on any motor vehicle
when having reasonable cause to believe the motor vehicle is being used in
connection with an activity that does not include providing transportation for
persons with disabilities that limit or impair the ability to walk; (2) Refuse
to return or surrender the placard, when required. (J)(1) No person or
organization to which a parking card is issued shall do either of the following:
(a) Display or permit the display of the parking card on any motor vehicle when
having reasonable cause to believe the motor vehicle is being used in connection
with an activity that does not include providing transportation for a
handicapped person; (b) Refuse to return or surrender the parking card, when
required. (2) As used in division (J) of this section: (a) "Handicapped
person" means any person who has lost the use of one or both legs or one or
both arms, who is blind, deaf, or so severely handicapped as to be unable to
move about without the aid of crutches or a wheelchair, or whose mobility is
restricted by a permanent cardiovascular, pulmonary, or other handicapping
condition. (b) "Organization" means any private organization or
corporation, or any governmental board, agency, department, division, or office,
that, as part of its business or program, transports handicapped persons on a
regular basis in a motor vehicle that has not been altered for the purposes of
providing it with special equipment for use by handicapped persons. (K) If a
removable windshield placard, temporary removable windshield placard, or parking
card is lost, destroyed, or mutilated, the placardholder or cardholder may
obtain a duplicate by doing both of the following: (1) Furnishing suitable proof
of the loss, destruction, or mutilation to the registrar; (2) Paying a service
fee equal to the amount specified in division (D) or (G) of section 4503.10
of the Revised Code. Any placardholder or cardholder who loses a placard or card
and, after obtaining a duplicate, finds the original, immediately shall
surrender the original placard or card to the registrar (L) The registrar shall
pay all fees received under this section for the issuance of removable
windshield placards or temporary removable windshield placards or duplicate
removable windshield placards or cards into the state treasury to the credit of
the state bureau of motor vehicles fund created in section 4501.25
of the Revised Code. (M) For purposes of enforcing this section, every peace
officer is deemed to be an agent of the registrar. Any peace officer or any
authorized employee of the bureau of motor vehicles who, in the performance of
duties authorized by law, becomes aware of a person whose placard or parking
card has been revoked pursuant to this section, may confiscate that placard or
parking card and return it to the registrar. The registrar shall prescribe any
forms used by law enforcement agencies in administering this section. No peace
officer, law enforcement agency employing a peace officer, or political
subdivision or governmental agency employing a peace officer, and no employee of
the bureau is liable in a civil action for damages or loss to persons arising
out of the performance of any duty required or authorized by this section. As
used in this division, "peace officer" has the same meaning as in
division (B) of section 2935.01
of the Revised Code. (N) All applications for registration of motor vehicles,
removable windshield placards, and temporary removable windshield placards
issued under this section, all renewal notices for such items, and all other
publications issued by the bureau that relate to this section shall set forth
the criminal penalties that may be imposed upon a person who violates any
provision relating to special license plates issued under this section, the
parking of vehicles displaying such license plates, and the issuance,
procurement, use, and display of removable windshield placards and temporary
removable windshield placards issued under this section.
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