Senate Joint Resolution Number 86 and House Joint Resolution Number 198, passed by the 1996 Session of the General Assembly, established a joint subcommittee to study the abuse and enforcement of laws related to handicapped parking. The subcommittee met on five occasions and pursued a vigorous agenda which included presentations and testimony by disabled persons, advocates for the disabled, veterans groups, state and local officials, law enforcement officers, and concerned citizens.

Virginia's statutory system for providing handicapped parking for the disabled continues to be abused by individuals who choose to ignore handicapped parking signs, by individuals who alter or counterfeit disabled parking placards and license plates, by individuals who obtain disabled parking indicia under false pretenses, and by individuals who illegally use their friend or family member's placard or plate to park in handicapped parking spaces. Enforcement efforts to prevent such abuse have also suffered due to insufficient manpower, poor training, and lack of interest in numerous localities. Dealing with both problems of abuse and enforcement is the Department of Motor Vehicles, the state agency which administers much of Virginia's handicapped parking laws. The Department faces the difficult task of balancing the goals of providing good customer service to its disabled patrons while also taking measures to prevent fraud and abuse associated with disabled parking placards and license plates. Given that the number of handicapped parking license plates and placards has grown from only a few thousand in the early 1970's to over 220,000 today, growing pains have occurred with great frequency.

In fulfilling its mission to decrease abuse and enhance the enforcement of handicapped parking laws, the joint subcommittee addressed numerous issues. Much discussion focused on the current penalty for illegally parking in a handicapped parking space ($0 - 250 fine) and options such as raising the minimum and maximum fines, establishing a system of escalating fines, and adding community service as an additional punishment were all proposals considered by the subcommittee. Related to the penalty issue was the proposal to place a statement of the handicapped parking penalty on all handicapped parking signs. Supporters argued that a penalty statement would increase public awareness of handicapped parking laws and deter the illegal use of handicapped parking spaces.

Representatives from Virginia's urban areas urged modification or repeal of the "four hour" law which provides that a vehicle bearing a valid disabled parking placard or license plate may be parked up to four hours in a time-restricted (metered) space free of charge. They noted that the law reduces parking revenues, prevents parking turnover, and is difficult to enforce. In contrast, supporters of the four hour law cited the convenience and accessibility it provides to the disabled community.

Of particular concern to the subcommittee was the prevalence of misuse of disabled parking placards and license plates by alteration, counterfeiting, and unauthorized use. Representatives from the disabled and law enforcement communities noted that existing penalties are insufficient to deter such offenses. Proposals to prevent further abuse and improve the enforcement of such offenses included: (i) increasing penalties to the misdemeanor level, (ii) redesigning disabled parking placards to make them more tamper-resistant, (iii) invalidating existing placards and re-issuing newly designed placards, (iv) authorizing volunteer handicapped parking enforcement units on a statewide basis, (v) authorizing law enforcement to verify the legitimate use of parking indicia with photo identification checks, and (vi) authorizing law enforcement to confiscate disabled parking placards from persons arrested for misuse offenses.

After conducting a work session spanning two meetings, the joint subcommittee recommended the following:

1. By legislation, increase the penalty for illegal parking in a handicapped parking space to a minimum fine of $1 00 and a maximum fine of $500.

2. By legislation, require that the following penalty language be placed on all handicapped parking signs: PENALTY $100-500 Fine TOW-AWAY ZONE. Property owners may place the new penalty language on separate signs and attach them below existing handicapped parking signs. Furthermore, property owners shall have one year to complete sign changes.

3. By legislation, authorize localities to opt out of the four hour law on a local-option basis.

4. By legislation, require the Department of Motor Vehicles to invalidate and administratively re-issue all permanent and organizational removable windshield placards. This exchange shall be conducted between October 1, 1998 and January 1, 1999.

5. By legislation, amend the definitions of "permanent removable windshield placard," "temporary removable windshield placard," and "organizational removable windshield placard" to incorporate the following design changes: (i) month and year expiration date hole-punches, (ii) misuse hotline number, (iii) statement of penalty for placard misuse, and (iv) requirement that all data be machine-imprinted on placards. Issuance of the new placards would commence July 1, 1997.

6. By legislation, require physicians to state a medical diagnosis when certifying an individual's disability under the miscellaneous eligibility category.

7. By legislation, classify each of the following actions as Class II Misdemeanors:

(i) counterfeiting a disabled parking placard or license plate;
(ii) using a counterfeit disabled parking placard or license plate;
(iii) altering a disabled parking placard or license plate;
(iv) engaging in the unauthorized use of a disabled parking placard or license plate;
(v) knowingly selling or exchanging for consideration a disabled parking placard or license plate;
(vi) fraudulently obtaining a disabled parking placard or license plate.

8. By legislation, make the act of providing a disabled parking placard or license plate without any exchange of consideration a Class III Misdemeanor.

9. By legislation, authorize persons who enforce handicapped parking laws to confiscate disabled parking placards of any person arrested for any of the offenses listed in Recommendations 7 and 8. In addition, DMV shall have the authority to place an administrative hold on the arrested individual's placard to prevent re-issuance.

10. By legislation, authorize all localities to establish volunteer disabled parking enforcement units.

11. By legislation, authorize persons who enforce handicapped parking laws to request a form of photo identification from any person parked in a handicapped parking space displaying a either a disabled parking placard or license plate.

12. Encourage the Department of Motor Vehicles to maintain and enhance its efforts to administratively address the following issues:

(i) Continue efforts to cross-reference names of existing placard and license plate holders with death certificate records provided by the Bureau of Vital Statistics to curtail abuse by surviving family members of placard and plate holders.
(ii) Amend the DMV driver training manual to include at least one page on the laws regulating handicapped parking.
(iii) Amend the DMV driver's license exam to include at least one question on the laws regulating handicapped parking.
(iv) Continue to distribute informational literature to all persons receiving a disabled parking placard or plate regarding their rights and responsibilities as a handicapped parking user.
(v) Continue and work to enhance training of employees regarding the issuance of disabled parking placards and plates.