02/20/03 0297s

2003 SESSION

03-0765

03/01

SENATE BILL 56-FN

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill prohibits parking in access aisles serving parking spaces for persons with disabilities. This bill also increases the minimum fine for illegally parking in a parking place specially designated for a person with a walking disability, and inserts a provision regarding evidence in disability parking enforcement proceedings.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/20/03 0297s

03-0765

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

71:1 New Section; Motor Vehicles; Words and Phrases Defined; Access Aisle. Amend RSA 259 by inserting after section 1-a the following new section:

259:1-b Access Aisle. "Access aisle" shall mean a designated space for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle, and that is immediately adjacent to a properly designated parking space for persons with a walking disability, whether on public or private property. Access aisles shall be marked so as to discourage parking in them.

71:2 Stopping, Standing, or Parking Prohibited in Specified Places; Parking Place Designated for Person With a Walking Disability, Penalty; Access Aisle. Amend RSA 265:69, I(i)-(l) to read as follows:

(i) At any place where official signs prohibit stopping[.];

(j) In any parking place, whether on public or private property, specially designated for a person with a walking disability by means of a sign as required by RSA 265:73-a stating that the space is reserved for a person with a walking disability or displaying the international accessibility symbol, unless that person has a special [number plates, decals, or a card] plate or placard issued or recognized pursuant to RSA 261:86[, 87 or 88] or RSA 261:88, [or a similar license plate, decal, or car issued by another state or country displaying the international accessibility symbol] and the person who qualifies for the plate[, decal, or card] or placard is being transported to or from the parking place. Notwithstanding the provisions of title LXII or any other provision of law, a person who violates the provisions of this subparagraph shall be fined a minimum of [$50.] $250;

(k) On any controlled access highway;

(l) In the area between roadways of a divided highway, including crossovers;

(m) In or overlapping into any access aisle. Notwithstanding the provisions of title LXII or any other provision of law, a person who violates the provisions of this subparagraph shall be fined a minimum of $50 for a first offense and a minimum of $100 for each subsequent offense.

71:3 New Section; Enforcement of Parking Prohibition in Parking Spaces and Access Aisles Designated for Persons with a Walking Disability. Amend RSA 265 by inserting after section 69 the following new section:

265:69-a Enforcement of Parking Prohibition in Parking Spaces and Access Aisles Designated for Persons with a Walking Disability. Testimony under oath with clear photographic evidence from

a person with a walking disability pursuant to RSA 261:86 or RSA 261:88 or the driver of a vehicle transporting such a person that a vehicle that does not display a special plate or placard issued or recognized pursuant to RSA 261:86 or RSA 261:88 was parked in a designated parking space for persons with a walking disability or any vehicle parked in or overlapping into an access aisle shall be sufficient evidence to prove that the owner of the vehicle has violated RSA 265:69, I(j) or (m), unless such evidence is rebutted or contradicted.

71:4 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, May 28, 2003)

(Effective Date: January 1, 2004)