27-15-302. Definitions.

27-15-302. Definitions. As used in this subchapter: (1) “Access aisle” means a ramp designed, constructed, and marked for access by a mobility-impaired person, a striped or marked passenger loading and unloading area, or a striped access area adjacent to a parking space designed and marked for access by mobility-impaired or sight-impaired persons; (2) “Office” means the Office of Motor Vehicle; (3)(A) “Permanent disability” means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility. (B) “Permanent disability” includes: (i) A spinal cord injury; (ii) A genetic ambulatory disorder; (iii) An amputation; (iv) Spina bifida; (v) Multiple sclerosis; (vi) Chronic heart disease; or (vii) Any other medically determined permanent condition that substantially impacts a person's mobility; (4) “Person with a disability” means any individual who, as determined by a licensed physician: (A) Cannot walk one hundred feet (100') 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 lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest; (D) Uses portable oxygen; or (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; (5) “Private agency” means any person, firm, association, organization, or entity, other than a public agency doing business with or providing accommodations for the public, whose customary and normal operations include the providing of parking spaces as a means of accommodating the general public or a select clientele or membership; (6) “Public agency” means any department, office, or agency of the State of Arkansas or any city, county, school district, or other public agency of this state or of its political subdivisions; and (7) “Van-accessible parking decal” means: (A) A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is: (i) Used to transport a person who has limited or no use of his or her legs; and (ii) Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and (B) Indicia of authorization for the use of a van-accessible parking space.