CHAPTER 64:34:01
HANDICAPPED PARKING WINDSHIELD PLACARDS
Section
64:34:01:01 Definitions.
64:34:01:01.01 Eligibility for removable windshield placards.
64:34:01:02 Application requirements.
64:34:01:03 Permanent and temporary placards.
64:34:01:04 Renewal or replacement of placards.
64:34:01:05 Display of placard.
64:34:01:06 Repealed.
64:34:01:01. Definitions. Terms used in this article mean:
(1) "Automobile," a motor vehicle which is designed to transport not more than 11 passengers and their personal property. This term does not include recreational motor vehicles which exceed 18 feet overall length, but does include vans, minivans, or minibuses used by agencies to transport persons who fit the conditions outlined in § 64:34:01:01.01;
(2) "Physically disabled person," any person that meets one or more of the eligibility criteria in § 64:34:01:01.01;
(3) "Licensed physician," any person who is licensed in accordance with SDCL chapters 36-4 (physicians and surgeons), 36-4A (physicians assistants), and 36-5 (chiropractors).
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:01 pursuant to SL 1988, ch 236, §§ 26 and 28, effective July 1, 1988; 17 SDR 4, effective July 18, 1990; 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1, 32-30-11.1.
64:34:01:01.01. Eligibility for removable windshield placards. Persons with physical disabilities which limit or impair their ability to walk are eligible for removable windshield placards issued under the authority of the department. Such persons must meet one or more of the following criteria, as certified by a licensed physician:
(1) Cannot walk 200 feet without stopping to rest;
(2) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, a prosthetic device, a wheelchair, or another assistive device;
(3) 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;
(4) Uses portable oxygen;
(5) 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 American Heart Association leaflet, "The Functional and Therapeutic Classifications of Patients with Diseases of the Heart," in print on June 1, 1990; or
(6) Is severely limited in ability to walk due to an arthritic, neurological, or orthopedic condition.
Blindness or impaired vision, in and of itself, is not a valid criterion for certification for issuance of a windshield placard.
Source: 17 SDR 4, effective July 18, 1990; 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1.
Reference: "The Functional and Therapeutic Classification of Patients with Diseases of the Heart," in print on June 1, 1990, American Heart Association. Copies of the leaflet may be obtained from the American Heart Association, National Center, 7320 Greenville Avenue, Dallas, Texas 75231; free.
64:34:01:02. Application requirements. An application for a removable windshield placard for the physically disabled shall be submitted on forms supplied by the department. Applications may be submitted to the department or the county treasurer.
The application shall include the applicant's name, address, and a licensed physician's certification that the applicant meets the criteria for placard issuance established in § 64:34:01:01.01. If the applicant is unable to submit an application, another person may apply on behalf of the applicant and sign the application accordingly. An applicant may request two windshield placards at the time of initial application or may request a second placard as a separate request.
If application is being made because a temporary physical disability exists, the projected termination date of the physical disability shall be included on the application. The county treasurer or the department shall issue a temporary placard which is valid for not less than 30 days nor more than one year from the date of issue. All applications for placards submitted to the county treasurer shall be transmitted to the department for processing.
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:02 pursuant to SL 1988, ch 236, §§ 26 and 28, effective July 1, 1988; 17 SDR 4, effective July 18, 1990; 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1.
64:34:01:03. Permanent and temporary placards. A permanent removable windshield placard shall be issued to a qualified applicant certified as having a permanent physical disabling condition by a licensed physician. Permanent placards expire five years from the date of issuance.
The expiration date must be written on all placards.
A removable windshield placard is a two-sided placard which includes the following information:
(1) An identification number which is specific to each placard issued;
(2) The expiration date; and
(3) The state seal or other identification of the department.
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:03 pursuant to SL 1988, ch 236, §§ 26 and 28, effective July 1, 1988; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1.
64:34:01:04. Renewal or replacement of placards. A temporary removable windshield placard may be renewed and will be issued upon receipt of a licensed physician's statement extending the period of the disability. An expired permanent placard may be renewed upon application on a form prescribed by the Division of Motor Vehicles without the completion of the physician's certification. A replacement for either a permanent or temporary placard which is lost, stolen, mutilated, or destroyed may be issued upon receipt of either a completed application, an affidavit, or both without submission of an additional physician's statement.
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:04 pursuant to SL 1988, ch 236, §§ 26 and 28, effective July 1, 1988; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 19 SDR 42, effective September 29, 1992; 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1.
64:34:01:05. Display of placard. The removable windshield placard must be displayed while an automobile used to transport the permit holder is parked. The placard must be visible through the front windshield of the automobile. Failure to display a placard does not excuse a permit holder from parking violations issued because of the failure to display the placard.
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:05 pursuant to SL 1988, ch 236, §§26 and 28, effective July 1, 1988; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990.
General Authority: SDCL 32-5-76.1.
Law Implemented: SDCL 32-5-76.1.
64:34:01:06. Abuse of certificate.Repealed.
Source: 10 SDR 21, effective September 14, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 61:22:01:06 pursuant to SL 1988, ch 236, §§ 26 and 28, effective July 1, 1988; repealed, 17 SDR 4, effective July 18, 1990.
