C.R.S.
Section 42-3-204
Reserved parking for persons with disabilities
- applicability
- definitions
- rules
(1)
Definitions.(a)
“Disability” or “disabled” means a physical impairment that meets the standards of 23 CFR 1235.(b)
“Extended” means a condition that is not expected to change within thirty months after the issuance of an identifying figure, given the current state of medical or adaptive technology.(c)
“Holder” means a person with a disability who has lawfully obtained an identifying plate or placard.(d)
“Identification number” means the number on a Colorado driver’s license, a Colorado identification document, or an identification document issued by the United States.(e)
“Identifying figure” means a figure that provides notice that a person is authorized to use a reserved parking space.(f)
“Identifying placard” means a placard bearing an identifying figure issued under this section or a similar provision in another state and refers to a ninety-day, three-year, or permanent placard.(g)
“Identifying plate” means a license plate bearing an identifying figure issued under this section or a similar provision in another state and refers to either a three-year or permanent license plate.(h)
“Permanent” means a condition that is not expected to change within a person’s lifetime, given the current state of medical or adaptive technology.(i)
“Professional” means a physician licensed to practice medicine or practicing medicine under section 12-240-107 (3)(i), a physician assistant licensed under section 12-240-113, a podiatrist licensed under article 290 of title 12, an advanced practice registered nurse registered under section 12-255-111, or a physician, physician assistant, podiatrist, or advanced practice registered nurse authorized to practice professionally by another state that shares a common border with Colorado. For the purposes of issuance of a ninety-day placard only, “professional” includes a chiropractor or physical therapist.(i.5)
“Remuneration-exempt identifying placard” means an identifying placard issued under this section that exempts the holder from paying remuneration at parking devices.(i.7)
“Remuneration-exempt qualifying disability” means a disability that limits an individual’s:(I)
Fine motor control in both hands;(II)
Ability to reach a height of forty-eight inches from the ground due to lack of strength or mobility in the individual’s finger, hand, or upper extremity; or(III)
Ability to reach or access a parking meter due to the use of a wheelchair or other ambulatory device.(j)
“Reserved parking” means a parking space reserved for a person with a disability as set forth in paragraph (a) of this subsection (1).(k)
“Temporary” means a condition that is expected to last less than thirty months after the issuance of an identifying plate or placard, given the current state of medical or adaptive technology.(2)
Administration by the department.(a)
Records.(I)
The registration information used to issue an identifying plate or placard;(II)
Any violations of section 42-4-1208 by the holder of an identifying plate or placard; and(III)
The application for an identifying plate or placard or an electronic or digital reproduction of the application.(b)
Peace officers may access records.(c)
Records confidential.(I)
A peace officer, parking authority, or tolling authority acting within the course and scope of the official’s duties; or(II)
Personnel within the department for official business related to the identifying plate or placard.(d)
Department to establish forms - rules.(I)
Is signed by a professional, under penalty of perjury, to affirm that an applicant meets the eligibility requirements for an identifying plate or placard and setting out the penalties for authorizing an identifying plate or placard when an applicant is ineligible or before verifying that a person has a disability; and(II)
Contains a notice of the eligibility requirements to obtain an identifying plate or placard.(3)
Types of plates or placards.(a)
Authorization.(I)
A ninety-day identifying placard;(II)
A three-year identifying placard;(II.5)
A three-year remuneration-exempt identifying placard;(III)
A permanent identifying placard;(IV)
A three-year identifying plate;(V)
A permanent identifying plate;(VI)
A military license plate, issued under section 42-3-213 or 42-3-218 (3), with an additional identifying figure to indicate that the owner of the vehicle is authorized to make use of reserved parking for persons with disabilities.(b)
Number of placards and license plates allowed.(I)
Intentionally left blank —Ed.(A)
Except as provided in subsection (3)(b)(I)(B) of this section, the department may issue two identifying placards, two identifying plates, or one plate and one placard to an eligible individual.(B)
The department may issue one remuneration-exempt identifying placard to an eligible individual.(II)
The department may issue two military license plates under section 42-3-213 or 42-3-218 (3) with identifying figures or one military license plate under section 42-3-213 or 42-3-218 (3) with an additional identifying figure and one placard to a qualified individual.(III)
The department may issue one identifying plate or placard to each parent or guardian of a child with a disability who is under sixteen years of age, but the department shall not issue more than two identifying placards, two identifying plates, or one plate and one placard for the child. This subsection (3)(b)(III) does not apply to a remuneration-exempt identifying placard.(4)
Cost.(5)
Issuance of plate or placard - rules.(a)
Department to issue.(b)
Identification number on placard.(c)
Expiration date on placard.(d)
Department to give notice of rights and responsibilities.(e)
Personalized and other specialty plates authorized.(f)
Trusts may use.(g)
Placards issued by other states.(h)
Requirements for issuance of identifying placards or plates.(I)
To qualify for an identifying placard or plate, an individual must submit:(A)
A written statement, made by a professional on a form published by the department, that the person has a physical impairment meeting the standards of 23 CFR 1235 and that the impairment is expected to be temporary, last thirty months, or be permanent, as the case may be;(B)
A signed affidavit affirming: Knowledge of the eligibility requirements; that the person to whom the placard or plate is issued is and remains eligible to use the placard or plate; and knowledge of the penalties for obtaining a plate or placard when ineligible; and(C)
A Colorado driver’s license or identification document, or an identification document issued by the United States government, for the person who is entitled to use reserved parking.(I.5)
To qualify for a remuneration-exempt identifying placard, an individual must submit:(A)
A written statement, made by a professional on a form published by the department, that the individual has a remuneration-exempt qualifying disability;(B)
A signed affidavit affirming: Knowledge of the eligibility requirements; that the individual to whom the placard is issued is and remains eligible to use the placard; and knowledge of the penalties for obtaining a placard when ineligible; and(C)
A Colorado driver’s license or identification document, or an identification document issued by the United States government, for the individual who is entitled to use a remuneration-exempt identifying placard.(II)
To qualify for a ninety-day identifying placard, a resident of another state who becomes disabled while in this state must submit a driver’s license or identification document issued by the state of residence or the United States government along with the documents required by sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (h).(III)
A placard issued for a person under sixteen years of age may bear the parent’s or guardian’s identification number in lieu of the holder’s number. If the placard bears the last four digits of a parent’s or guardian’s identification number, the department shall also place the letter “C” as a designator on the placard.(IV)
A state agency or business entity that transports persons with disabilities may obtain a permanent identifying plate or placard for reserved parking. To qualify for a three-year or permanent identifying plate or placard, the agency or business entity must:(A)
Show that it transports persons with disabilities;(B)
Provide a driver’s license or identification document of its chief operations officer within Colorado;(C)
Provide its employee identification number; and(D)
Provide any other information required by the department by rule.(i)
Requirements for identifying figure on military license plate.(6)
Expiration and renewal.(a)
Ninety-day placards.(b)
Three-year placards.(c)
Permanent placards.(I)
A permanent identifying placard expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the placard by submitting:(A)
A written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the placard by mail or a Colorado driver’s license, a Colorado identification document, or an identification document issued by the United States in person in the office of the department;(B)
An affidavit, made under penalty of perjury, that the person to whom the placard is issued remains eligible to use the placard;(C)
The date of birth and Colorado driver’s license or identification card number of the person who may use reserved parking; and(D)
Every third renewal, a written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the placard.(II)
If the holder is an entity, the holder may renew the placard upon resubmitting and updating the information necessary to be issued the placard under subparagraph (IV) of paragraph (h) of subsection (5) of this section.(d)
Three-year identifying plates.(I)
A three-year identifying plate expires in accordance with the schedule established by the department for periodic registration under section 42-3-102 (1)(a). Eligibility for a three-year identifying plate expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the plate by meeting the requirements of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the plate.(II)
If a three-year identifying plate is issued for a person under sixteen years of age using a parent’s or guardian’s identification document, the department shall place a “C” on the registration card issued under section 42-3-113 (2).(e)
Permanent identifying plates.(I)
A permanent identifying plate or military license plate with an identifying figure expires in accordance with the schedule established by the department for periodic registration under section 42-3-102 (1)(a). Eligibility for a permanent identifying plate or identifying figure for a military license plate expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the plate by submitting:(A)
A current verification form as required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section by mail or a Colorado driver’s license, Colorado identification document, or identification document issued by the United States in person in the office of an authorized agent;(B)
An affidavit, made under penalty of perjury, that the person to whom the plate is issued remains eligible to use the plate;(C)
The date of birth and Colorado driver’s license or identification card number of the person who may use reserved parking; and(D)
Every third renewal, a written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the plate.(II)
If the plate is issued for a person under sixteen years of age using a parent’s or guardian’s identification document, the department shall place a “C” on the registration card issued under section 42-3-113 (2).(III)
If the holder is an entity, the holder may renew the plate upon resubmitting and updating the information necessary to be issued the plate under subparagraph (IV) of paragraph (h) of subsection (5) of this section.(f)
Placards issued before January 1, 2005.(7)
Violations - department may revoke.(a)
Intentionally left blank —Ed.(I)
Upon receipt of a sworn statement from a peace officer or an authorized parking enforcement official that a person has improperly used reserved parking in violation of section 42-4-1208, an identifying plate or placard may be revoked by the department. To be accepted by the department, the peace officer or authorized parking enforcement official must include with the statement the name of the person who misused the identifying plate or placard and either the identifying plate or placard number or the last four digits of the driver’s license or identification document number printed on the placard.(II)
The revocation is effective forty-five days after the department receives the sworn statement unless a hearing is requested in accordance with paragraph (e) of this subsection (7).(b)
Upon receipt of a notice that the holder of an identifying plate or placard was convicted of, or pled nolo contendere to, a violation of section 42-4-1208, the department shall revoke each identifying placard or plate held by the person.(c)
Revocation period.(I)
Upon a first violation of section 42-4-1208, the department shall deny reissuance of the identifying plate or placard for twelve months after the date of revocation.(II)
Upon a second or subsequent violation of section 42-4-1208, the department shall deny reissuance of the identifying plate or placard for a period of at least five years after the date of the second or most recent subsequent revocation.(d)
Written notice of revocation.(I)
A demand for the return of the identifying plate or placard;(II)
A warning that continued use of the identifying plate or placard by any person is subject to the penalty set forth in section 42-4-1701; and(III)
A statement that the person may appeal the revocation by filing a written request with the department within thirty days after the department issued the notice.(e)
Request for hearing.(f)
Penalties.(I)
A person who fails to return a revoked identifying placard or plate commits a class B traffic infraction.(II)
A person who attempts to obtain an identifying plate or placard when under revocation in accordance with this subsection (7) is subject to the penalties in section 42-4-1701 (4)(a)(VIII).
Source:
Section 42-3-204 — Reserved parking for persons with disabilities - applicability - definitions - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-42.pdf
(accessed Oct. 20, 2023).