N.Y. Vehicle & Traffic Law § 404-a: Registration of motor vehicles of severely disabled persons

§ 404-a. Registration of motor vehicles of severely disabled persons.

1. Legislative intent. It is the sense of the legislature to facilitate

the usual and special uses of the highways and other motor vehicle

facilities accorded to severely disabled residents of this state. The

commissioner is hereby empowered to issue to such persons, upon their

application, special motor vehicle registrations, one set of vehicle

identification plates for motor vehicles owned by such persons to be

used for the transportation of such severely disabled person and one set

of vehicle identification plates for each motor vehicle owned by such

persons and used by a severely disabled member of the owner's family.

2. Registration of vehicles owned by severely disabled persons. The

commissioner shall assign to such motor vehicles, including any van or

pick-up truck used for transporting persons with disabilities which is

not used for commercial purposes, owned by such persons, a distinctive

number and issue and deliver in such manner as the commissioner may

select to the owner a certification of registration, in such form as the

commissioner shall prescribe and two number plates, called disabled

person plates. Said disabled person plates shall conform to the

requirements of section four hundred one of this chapter, but shall bear

distinctive marks to distinguish them from number plates to be issued to

other persons, qualifying under this chapter. The commissioner, in his

discretion, may issue, for any registration year, only one plate as a

set for a motor vehicle, in which event a set of disabled person plates

for a motor vehicle shall consist of one plate. Where a severely

disabled person owns more than one vehicle and such vehicle or vehicles

is or are used by severely disabled members of the owner's family who

reside with the owner, the commissioner shall issue one set of plates

for each additional vehicle used by such severely disabled person,

provided that such user qualifies as a severely disabled person in the

manner required by this section.

3. Registration of vehicles owned by severely disabled veterans. The

commissioner shall assign to such motor vehicles, including any vans or

pick-up trucks used for transporting handicapped veterans which are not

used for commercial purposes and which are owned by such veterans or a

not-for-profit corporation serving such veterans, a distinctive number

and issue and deliver in such manner as the commissioner may prescribe

to the owner a certification of registration, in such form as the

commissioner shall prescribe and two number plates, called disabled

veteran plates. Said severely disabled veteran plates shall conform to

the requirements of section four hundred one of this article, but shall

bear distinctive marks to distinguish them from number plates to be

issued to other persons, qualifying under this article. The commissioner

in his discretion, may issue, for any registration year, only one plate

as a set for a motor vehicle, in which event a set of severely disabled

veteran plates for a motor vehicle shall consist of one plate. Where a

severely disabled veteran owns more than one vehicle and such vehicle or

vehicles is or are used by severely disabled members of the owner's

family who reside with the owner, the commissioner shall issue one set

of plates for each additional vehicle used by such severely disabled

veteran, provided that such user qualifies as a severely disabled

veteran in the manner required by this section. For purposes of this

subdivision, the term "severely disabled veteran" shall mean a veteran

as defined in section eighty-five of the civil service law, and whose

disability qualifies him as a severely disabled person within the

meaning of such term as defined in subdivision four of this section.

4. Issue of plates. The commissioner shall issue sets of plates to

such person in accordance with subdivision two of this section with

proof of such disability of such person or such members of his or her

family certified by a physician, physician assistant or nurse

practitioner, to the extent authorized by law and consistent with

subdivision three of section six thousand nine hundred two of the

education law, or podiatrist pursuant to subdivision four-a of this

section or optometrist pursuant to subdivision four-b of this section,

to the satisfaction of the commissioner who is empowered to carry out

the effects of this section by formulating rules and regulations.

For the purposes of this section, a "severely disabled person" shall

mean any person having any one or more of the following impairments,

disabilities or conditions which are permanent in nature:

(a) Has limited or no use of one or both lower limbs;

(b) Has a neuro-muscular dysfunction which severely limits mobility;

(c) Has a physical or mental impairment or condition which is other

than those specified above, but is of such nature as to impose unusual

hardship in utilization of public transportation facilities and such

condition is certified by a physician, physician assistant or nurse

practitioner, to the extent authorized by law and consistent with

subdivision three of section six thousand nine hundred two of the

education law, duly licensed to practice in this state, or, pursuant to

subdivision four-a of this section, a podiatrist duly licensed to

practice podiatry in this state or, pursuant to subdivision four-b of

this section, an optometrist duly licensed to practice optometry in this

state, as constituting an equal degree of disability (specifying the

particular condition) so as to prevent such person from getting around

without great difficulty in accordance with subdivision two of this

section; or

(d) A blind person.

4-a. Certification of disability by a podiatrist. A podiatrist duly

licensed to practice podiatry in this state may certify only those

conditions which he or she treats in the course of the practice of

podiatry, as defined by section seventy hundred one of the education

law.

4-b. Certification of disability by an optometrist. An optometrist

duly licensed to practice optometry in this state may certify only those

conditions which he or she treats in the course of the practice of

optometry, as defined in section seventy-one hundred one of the

education law.

5. Application for registration. (a) The application for registration

under this section shall be filed with the commissioner of motor

vehicles in such form and detail as the commissioner shall prescribe,

setting forth such information as the commissioner may reasonably

prescribe beyond such information required under section four hundred

one of this chapter.

(b) The commissioner may require the applicant for registration to

furnish such proof of his or her disability or such proof of disability

of such members of his or her family from a physician, physician

assistant or nurse practitioner, to the extent authorized by law and

consistent with subdivision three of section six thousand nine hundred

two of the education law, or podiatrist pursuant to subdivision four-a

of this section or optometrist pursuant to subdivision four-b of this

section, as the commissioner deems necessary either for initial

registration or renewal thereof; provided, however, that a handicapped

or disabled permit issued by a municipality to such applicant pursuant

to section twelve hundred three-a of this chapter shall be deemed

sufficient proof of disability for purposes of this paragraph.

(c) Application under this section shall only apply to a vehicle

subject to registration pursuant to subdivision six of section four

hundred one of this chapter and to a van or pick-up truck as provided in

subdivision two of this section.

6. Fee requirements. As provided in section four hundred one of this

chapter, the registration and disabled person plates shall be

accompanied only by the required fee otherwise required to be paid for

vehicle registration.

7. Refueling notice. Upon the issuance or renewal of a registration

pursuant to this section, the commissioner shall notify the registrant

of the availability of full service motor vehicle refueling at self

service prices as provided for in section three hundred ninety-six-bb of

the general business law.