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27-15-308. Special license plates and certificates.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-15-308. Special license plates and certificates.
(a)(1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302.
(2)(A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either:
(i) Applying for the special license plate; or
(ii) Being transported by the vehicle for which the special license plate is issued.
(B) The photo identification card issued under this subsection shall be carried on the person for verification of identity.
(C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.
(3)(A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the office a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability.
(B) The photo identification card required in this subsection must be renewed every four (4) years.
(4)(A) An organization that owns or leases a m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-15-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-15-308
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3367930d9e23b0e234005b705e1e08a932d30f508f17ba1f770b345efcdb02b4
Source location: content.xml paragraph 4373
Stored source content
27-15-308. Special license plates and certificates.
(a)(1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302.
(2)(A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either:
(i) Applying for the special license plate; or
(ii) Being transported by the vehicle for which the special license plate is issued.
(B) The photo identification card issued under this subsection shall be carried on the person for verification of identity.
(C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.
(3)(A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the office a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability.
(B) The photo identification card required in this subsection must be renewed every four (4) years.
(4)(A) An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the office for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business.
(B) The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.
(b)(1) The special license plate issued by the office shall contain the international symbol of access and shall not display the word “disabled”.
(2) The special license plate shall be issued at no additional charge.
(c)(1) A person with a disability may apply to the office for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section.
(2) The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.
(3) When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section.
(4) The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued.
(5)(A) If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the office.
(B) If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the office within thirty (30) days after the death of the person to whom the special certificate or plate was issued.
(6)(A) The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued.
(B) The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.
(C) The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
(D) The transaction fee shall not be considered or credited to the division as direct revenue.
(d)(1) In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability.
(2) If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section.
(3)(A) The office shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card.
(B) Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.
(e)(1) A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility.
(2) This subsection applies to the following facilities, including without limitation:
(A) A licensed nursing home;
(B) A licensed residential care facility; or
(C) A licensed assisted living facility.
(f)(1) An owner of a motor vehicle described in § 27-15-303 may apply to the office for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A).
(2) An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-15-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-15-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-15-303. Applicability.
(a) The provisions of this subchapter shall apply only to:
(1) Passenger vehicles, including automobiles; and
(2) Light trucks, including vans, with a three-fourths (¾) ton or less manufacturer's rated capacity if the vehicle is specially adapted for use by persons with disabilities through the use of a lift, ramp, hand controls, etc.
(b) The provisions of this section may be waived if the applicant can document that a larger vehicle or special purpose vehicle would otherwise be eligible to display the special license plate or special certificate.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-15-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-15-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-15-312. Parking privileges — Exceptions.
(a)(1) A vehicle displaying a van-accessible parking decal, a special license plate, a special certificate, or a temporary special certificate and being used for the actual transporting of a person with a disability is permitted exclusive parking privileges in those areas designated for parking only by persons with the van-accessible parking decal, special license plate, or special certificate.
(2)(A) Except as provided under subdivision (a)(2)(B) of this section, a parking space reserved for a person with a disability that is designated as “van accessible” shall be used exclusively by a vehicle that:
(i) Loads or unloads a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device that is commonly used to transport a person who has limited or no use of his or her legs; and
(ii) Displays a van-accessible parking decal.
(B) If the parking lot or parking facility has only one (1) parking space reserved for a person with a disability, then the limitation of use under subdivision (a)(2)(A) of this section does not apply.
(b)(1) The provisions of this subchapter pertaining to parking privileges for persons with disabilities shall supersede any local ordinances where they conflict.
(2) However, any county or municipality may enact local ordinances to provide for restrictions on parking privileges for all persons which also shall be applicable to persons with disabilities when the local ordinances apply:
(A) To zones where stopping, standing, or parking is prohibited for all vehicles;
(B) To the prohibition of parking during heavy traffic periods such as rush hours or where parking would clearly present a traffic hazard for the general public;
(C) To parking zones r
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-15-312
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-15-312. This identifies an authority to review, not proof of applicability.