Pennsylvania Act 2004-76 — VEHICLE CODE (75 PA.C.S.) - PERSON WITH DISABILITY PLATE AND PLACARD, PHYSICAL EXAMINATIONS, REPORTS ON MENTAL OR PHYSICAL DISABILITIES OR DISORDERS AND DETERMINATION OF INCOMPETENCY

Act text

VEHICLE CODE (75 PA.C.S.) - PERSON WITH DISABILITY PLATE AND PLACARD,
   PHYSICAL EXAMINATIONS, REPORTS ON MENTAL OR PHYSICAL DISABILITIES OR
               DISORDERS AND DETERMINATION OF INCOMPETENCY
                  Act of Jul. 15, 2004, P.L. 698, No. 76              Cl. 75
                             Session of 2004
                               No. 2004-76

     HB 1912

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for the person with disability
        plate and placard, for physical examinations, for reports on
        mental or physical disabilities or disorders and for
        determination of incompetency.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1338, 1508.1, 1518 and 1519 of Title 75
     of the Pennsylvania Consolidated Statutes are amended to read:
      § 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 9,000 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)  [Physician's] 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 [physician's] 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.
      § 1508.1.  Physical examinations.
        (a)  Authorization to conduct examinations.--The department
     shall promulgate regulations to authorize specific classes of
     licensed practitioners of the healing arts, to include, but not
     be limited to, physicians, chiropractors, physician assistants
     and certified registered nurse practitioners, to conduct
     examinations required for the issuance of a driver's license and
     a school bus driver endorsement.
        (b)  Definition.--As used in this section, the term
     "chiropractor" means 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.
      § 1518.  Reports on mental or physical disabilities or
                disorders.
        (a)  Definition of disorders and disabilities.--The Medical
     Advisory Board shall define disorders characterized by lapses of
     consciousness or other mental or physical disabilities affecting
     the ability of a person to drive safely for the purpose of the
     reports required by this section.
        (b)  Reports by [medical] health care personnel.--All
     physicians, podiatrists, chiropractors, physician assistants,
     certified registered nurse practitioners and other persons
     authorized to diagnose or treat disorders and disabilities
     defined by the Medical Advisory Board shall report to the
     department, in writing, the full name, date of birth and address
     of every person over 15 years of age diagnosed as having any
     specified disorder or disability within ten days.
        (c)  Responsibility of institution heads.--The person in
     charge of every mental hospital, institution or clinic, or any
     alcohol or drug treatment facility, shall be responsible to
     assure that reports are filed in accordance with subsection (b).
        (d)  Confidentiality of reports.--The reports required by
     this section shall be confidential and shall be used solely for
     the purpose of determining the qualifications of any person to
     drive a motor vehicle on the highways of this Commonwealth.
        (e)  Use of report as evidence.--No report forwarded under
     the provisions of this section shall be used as evidence in any
     civil or criminal trial except in any proceeding under section
     1519(c) (relating to determination of incompetency).
        (f)  Immunity from civil and criminal liability.--No civil or
     criminal action may be brought against any person or agency for
     providing the information required under this system.
        (g)  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.
      § 1519.  Determination of incompetency.
        (a)  General rule.--The department, having cause to believe
     that a licensed driver or applicant may not be physically or
     mentally qualified to be licensed, may require the applicant or
     driver to undergo one or more of the examinations authorized
     under this subchapter in order to determine the competency of
     the person to drive. The department may require the person to be
     examined by a physician, a certified registered nurse
     practitioner, a physician assistant or a licensed psychologist
     designated by the department or may require the person to
     undergo an examination by a physician, a certified registered
     nurse practitioner, a physician assistant or a licensed
     psychologist of the person's choice. If the department
     designates the physician, a certified registered nurse
     practitioner, a physician assistant or licensed psychologist,
     the licensed driver or applicant may, in addition, cause a
     written report to be forwarded to the department by a physician,
     a certified registered nurse practitioner, a physician assistant
     or a licensed psychologist of the driver's or applicant's
     choice. Vision qualifications may be determined by an
     optometrist or ophthalmologist. The department shall appoint one
     or more qualified persons who shall consider all medical reports
     and testimony in order to determine the competency of the driver
     or the applicant to drive.
        (b)  Confidentiality of reports and evidence.--Reports
     received by the department for the purpose of assisting the
     department in determining whether a person is qualified to be
     licensed and reports of examinations authorized under this
     subchapter are for the confidential use of the department and
     may not be divulged to any person or used as evidence in any
     trial except that the reports and statistics and evaluations
     used by the department in determining whether a person should be
     required to be examined under this subchapter shall be admitted
     in proceedings under section 1550 (relating to judicial review).
        (c)  Recall or suspension of operating privilege.--The
     department shall recall the operating privilege of any person
     whose incompetency has been established under the provisions of
     this chapter. The recall shall be for an indefinite period until
     satisfactory evidence is presented to the department in
     accordance with regulations to establish that such person is
     competent to drive a motor vehicle. The department shall suspend
     the operating privilege of any person who refuses or fails to
     comply with the requirements of this section until that person
     does comply and that person's competency to drive is
     established. Any person aggrieved by recall or suspension of the
     operating privilege may appeal in the manner provided in section
     1550. The judicial review shall be limited to whether the person
     is competent to drive in accordance with the provisions of the
     regulations promulgated under section 1517 (relating to Medical
     Advisory Board).
        Section 2.  Any regulations of the Department of
     Transportation that are inconsistent with this act are hereby
     abrogated to the extent of that inconsistency.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 15th day of July, A. D. 2004.

     EDWARD G. RENDELL