42-3-204. Parking privileges for persons with disabilities - applicability.

(1) As used in this section:

(a) "License plate or placard" means any license plate or placard issued pursuant to subsection (2) of this section.

(b) "Person with a disability" means either of the following:

(I) A person so severely impaired that such person is unable to move from place to place without the aid of a mechanical device; or

(II) A person who has a physical impairment that substantially limits the person's ability to move from place to place, which impairment is verified, in writing, by a physician licensed to practice medicine or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., a podiatrist licensed under article 32 of title 12, C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S. To be valid, such verification by the director, physician, podiatrist, or advanced practice nurse shall certify to the department of revenue that the person meets the standards established by the executive director of the department of revenue.

(2) (a) A person with a disability may apply to the department for:

(I) Distinguishing license plates to be supplied at the same cost as standard plates and to be displayed as provided in section 42-3-202 on a motor vehicle owned by such person or that is owned by a trust created for the benefit of and the name of which includes the name of such person. Any plates issued by the department pursuant to this section shall be renewed once each year in a manner to be determined by the department. The issuance of a special license plate to a person with a disability pursuant to this subparagraph (I) shall not preclude such person from obtaining an identifying placard pursuant to subparagraph (II) of this paragraph (a). The verification requirements of subsection (1) of this section shall be met once every three years.

(II) An identifying placard to be prominently displayed on a motor vehicle used to transport such person. Any placard valid for more than ninety days issued by the department pursuant to this section shall have printed on the placard a number assigned to the placard that corresponds to identifying information of the person or persons with the disability. Identifying information about the person or persons with the disability shall be strictly confidential and only available to law enforcement or to personnel within the department for official business related to such placard. Such assigned number shall be legible to any law enforcement officer or authorized parking enforcement official when viewed from outside the vehicle. A placard issued by the department pursuant to this section shall be renewed every three years in a manner to be determined by the department. The verification requirements of subsection (1) of this section shall be met each time the placard is renewed.

(III) Disabled veteran special license plates with the identifying feature for a person with a physical impairment affecting mobility, so long as the disabled person meets the eligibility criteria specified in section 42-3-213 (5).

(b) Notwithstanding the verification requirements of subparagraphs (I), (II), and (III) of paragraph (a) of this subsection (2), if a renewal applicant has a permanent disability that was verified in writing by a physician licensed to practice medicine in this state or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S., and provided to the department with the original application for a license plate or placard under this section, such applicant shall not be required to meet such verification requirement to renew such license plate or placard. If a person renews such license plate or placard of and on behalf of a person with a permanent disability, the person renewing such license plate or placard shall sign an affidavit, under the penalty of perjury, attesting to the fact that the person with a permanent disability is still in need of the license plate or placard and stating that such license plate or placard shall be surrendered to the department upon the death of the person with a permanent disability.

(c) Such license plate or placard shall be issued to such person upon presentation to the department of a written statement, verified by a physician licensed to practice medicine in this state or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S., that such person is a person with a disability. The application for such a license plate or placard shall be sent to the department each year; except that a person who has been issued a disabled veteran special license plate shall not send an application to the department every year.

(d) Such license plate or placard may be revoked by the department upon receipt of a sworn statement from a peace officer or an authorized parking enforcement official that the person with a disability has improperly used the privilege defined in section 42-4-1208. Upon a first violation of section 42-4-1208, the department shall deny reissuance of such license plate or placard for a period of one year following the date of revocation. Upon a second or subsequent violation of section 42-4-1208, the department shall deny reissuance of such license plate or placard for a period of at least five years after the date of the second or each subsequent revocation. The department shall provide written notification to the person with a disability of such revocation, which notification shall contain a demand for the return of the license plate or placard to the department and a warning that continued use by any person shall be subject to the penalty set forth in section 42-4-1208 (11).

(e) Repealed.

(3) The department shall issue temporary distinguishing license permits and a temporary identifying placard to a person who is temporarily disabled upon presentation of a written statement, verified by a physician licensed to practice medicine or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., a podiatric physician licensed under article 32 of title 12, C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S., that such person temporarily meets the definition of a person with a disability. The department shall issue such permits and placards to a qualifying person who is a resident of another state and who becomes disabled while in this state. Such permits and placard shall be valid for a period of ninety days after the date of issuance and may continually be renewed for additional ninety-day periods during the term of such disability upon resubmission of such written and verified statements. The provisions of this section concerning the privileges granted to persons with disabilities shall apply to temporary license permits and temporary placards issued under this subsection (3). Further, the requirement that the placard include a printed identification number as set forth in subparagraph (II) of paragraph (a) of subsection (2) of this section shall apply to both temporary license permits and temporary placards issued under this subsection (3). The verification by a physician licensed to practice medicine or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., a podiatrist licensed under article 32 of title 12, C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S., shall be carried in the vehicle transporting the person or persons with a disability to whom the temporary license permit or placard has been issued and shall be presented to any law enforcement officer upon request. Temporary license permits and temporary placards issued by states other than Colorado shall be valid so long as they are currently valid in the state of issuance and valid pursuant to 23 CFR 1235.

(4) Upon the filing of an application for issuance or renewal of a license plate or placard under this section, the department shall make available to the applicant an informational pamphlet or other informational source developed by the department that describes the rights and responsibilities of the holders of such license plates or placards and the parking privileges set forth in section 42-4-1208.

Source: L. 2005: (2)(e) amended, p. 145, § 18, effective April 5; entire article amended with relocations, p. 1109, § 2, effective August 8. L. 2007: (2)(c) amended, p. 1321, § 5, effective August 3. L. 2008: (2)(e) repealed, p. 195, § 1, effective August 5; (1)(b)(II), (2)(b), (2)(c), and (3) amended, p. 136, § 29, effective January 1, 2009.

Editor's note: (1) Prior to 1994, this section was contained in § 42-4-1109.

(2) From 1994 to 2004, this section was contained in § 42-3-121. For a detailed comparison, see the table in the back of the index.

(3) Amendments to § 42-3-121 (2)(d) by Senate Bill 05-041 were harmonized with House Bill 05-1107 and relocated to § 42-3-204 (2)(e).

Annotator's note. Since § 42-3-204 is similar to § 42-3-121 as it existed prior to the 2005 amendment to article 3 of title 42, which resulted in the relocation of provisions, a relevant case construing that provision has been included in the annotations to this section.

Fees charged for removable windshield placards are within the scope of title II of the Americans with Disabilities Act (ADA). Thompson v. Colorado, 29 F. Supp.2d 1226 (D. Colo. 1998).

Imposition of removable parking placard fee solely upon disabled persons or groups of disabled persons as a condition of their use of parking spaces for persons with disabilities is a violation of title II of the ADA. Thompson v. Colorado, 29 F. Supp.2d 1226 (D. Colo. 1998).