Special License Plates and Removable Windshield Placards

(a)Definitions. Terms used in this section are defined as follows:

(1)“International Symbol of Accessibility” means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.

(2)“Qualified person with a disability” means a person who, as determined by a licensed physician:

(A)cannot walk two hundred feet (200’) without stopping to rest, due to a diagnosed arthritic, neurological or orthopedic condition;

(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) expiatory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

(D)uses portable oxygen;

(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; or

(F)has a central visual acuity that does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. An optometrist, in lieu of a licensed physician, may determine the existence of a visual impairment as defined under this subsection.

(3)“Special license plate” means a license plate that displays the International Symbol of Accessibility:

(A)In a color that contrasts to the background; and

(B)In the same size as the letters and numbers on the plate. CH. 7 VEHICLE LICENSE AND REGISTRATION

(4)“Permanent removable windshield placard” means a two (2)-sided, hanger style placard which includes on each side:

(A)the International Symbol of Accessibility, which is at least three inches (3”) in height, centered on the placard, and is white on a blue shield;

(B)an identification number; and

(C)the seal or other identification of the issuing authority.

(5)“Temporary removable windshield placard” means a two-sided, hanger style placard which includes on each side:

(A)The International Symbol of Accessibility, which is at least three inches (3”) in height, centered on the placard, and is white on a red shield;

(B)An identification number;

(C)A date of expiration; and

(D)The seal or other identification of the issuing authority.

(b)Special License Plates.

(1)Upon application of a qualified person with a disability, the Motor Vehicles Division of the Department of Revenue and Taxation shall issue a special license plate for the vehicle which is registered in the applicant’s name. The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the 16 GCA § 7120.1(a)(2) definition of a qualified person with a disability, except that a licensed optometrist may certify a visual impairment as defined in 16 GCA § 7120.1(a)(2)(F).

(2)The fee for the issuance of a special license plate shall not exceed the fee charged for a similar license plate for the same class of vehicle.

(c)Permanent Removable Windshield Placards.

(1)The Department of Revenue and Taxation (Motor Vehicle Division) shall provide for the issuance of permanent removable windshield placards, upon the applications of qualified persons with disabilities, when such disabilities are certified as permanent by a licensed physician or by a licensed optometrist if the disability is a visual impairment. The Department shall, upon request, issue no more than one

(1)permanent removable windshield placard in addition to the issuance of a special license plate and shall, upon request, issue no more than two

(2)placards to each applicant who does not have a special license plate. Such placards issued shall not expire. The Department shall not charge a fee for issuance of the placards.

(2)The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the § 7120.1(a)(2) definition of a person with disabilities. Resubmission of a physician’s or optometrist’s certification is not required when applying for renewal of a special license plate or removable windshield placard.

(3)Upon application of an organization, the Motor Vehicles Division of the Department of Revenue and Taxation shall issue no more than one removable windshield placard for each vehicle registered in the applicant’s name if the vehicle is used primarily to transport qualified persons with disabilities. The application shall include a certification by the applicant, under criteria to be determined by the Department of Revenue and Taxation through rules and regulations, that the vehicle is used primarily to transport qualified persons with disabilities. If the organization ceases to transport CH. 7 VEHICLE LICENSE AND REGISTRATION qualified persons with disabilities, the organization shall return the removable windshield placard to the Department of Revenue and Taxation (Motor Vehicle Department) for cancellation.

(4)The removable windshield placard shall be displayed in such a manner that it may be viewed from the front and the rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, or if tinting of the windshield substantially obscures the view of the placard when it is hanging from the rearview mirror, the placard shall be displayed on the dashboard.

(d)Temporary Removable Windshield Placards.

(1)The Department of Revenue and Taxation (Motor Vehicle Department) shall issue temporary removable windshield placards, upon the application of qualified persons with disabilities, when the disabilities are certified as temporary by a licensed physician or by a licensed optometrist if the disability is a visual impairment. The department shall issue, upon request, no more than one additional temporary removable windshield placard to each applicant. The department shall not charge a fee for issuance of the placards.

(2)The Department of Revenue and Taxation (Motor Vehicle Department) shall require that the application be accompanied by the certification of a licensed physician that the applicant meets the 16 GCA § 7120.1(a)(2) definition of a qualified person with a disability, except that a licensed optometrist may certify a visual impairment as defined in § 7120.1(a)(2)(F). The certification shall also include the period of time that the physician or optometrist determines the applicant will have the disability, not to exceed twelve

(12)months.

(3)The temporary removable windshield placard shall be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, or if tinting of the windshield substantially obscures the view of the placard when it is hanging from the rearview mirror, the placard shall be displayed on the dashboard.

(4)Each temporary removable windshield placard shall be valid for a period of time for which the physician or optometrist has determined that the applicant will have the disability, not to exceed twelve

(12)months from the date of issuance. If the temporary disability extends beyond the expiration date of the placard, the applicant may reapply for a temporary removable windshield placard. The applicant, upon reapplication, shall submit another physician’s or optometrist’s certification, and the placard shall be valid for a period of time for which the physician or optometrist has determined that the applicant will continue to have the disability, not to exceed twelve

(12)months from the date of issuance.

(e)Parking. Special license plates, removable windshield placards or temporary removable windshield placards displaying the International Symbol of Accessibility shall be the only recognized means of identifying vehicles permitted to utilize parking spaces reserved for qualified persons with disabilities.

(f)Reciprocity. Guam shall recognize for six

(6)months removable windshield placards, temporary removable windshield placards, and special license plates which have been issued by issuing authorities of other U.S. territories, states, and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for qualified persons with disabilities.

(g)Previously Issued Placards. All removable windshield placards that have been issued prior to the effective date of this Act by the Department of Revenue and Taxation (Motor Vehicle Division) for use by persons with disabilities shall automatically expire 180 days after the effective date of this Act. All placards which have expiration dates prior to 180 days after the effective date of this Act shall expire on their CH. 7 VEHICLE LICENSE AND REGISTRATION expiration dates. As soon as practicable after the effective date of this Act, the Department of Revenue and Taxation shall notify by mail all holders of removable windshield placards issued prior to the effective date of this Act of the requirements of this Act.

(h)Revocation of Special License Plate or Removable Windshield Placard.

(1)The Department of Revenue and Taxation may cancel, revoke or suspend a special license plate, removable windshield placard or temporary removable windshield placard if the department has determined that any of the following circumstances exist:

(A)a special license plate or placard was fraudulently or erroneously issued;

(B)a person is or was using his or her special license plate or placard unlawfully;

(C)the person is no longer eligible to receive or use a special license plate or placard; or

(D)the owner has committed an offense under this Act involving a special license plate or placard.

(2)Before the Department of Revenue and Taxation cancels, revokes or suspends a special license plate, removable windshield placard or temporary removable windshield placard pursuant to this subsection (h), the person affected by it shall be given notice and an opportunity to be heard.

(i)Rules. The Department of Revenue and Taxation shall, within 180 days from the effective date of this Act, adopt rules and regulations, in compliance with the Administrative Adjudication Law, to carry out the purposes of this Act, including rules for the issuance and renewal of removable and temporary removable windshield placards, reciprocity, and special license plates.