(1) Definitions. As used in this section:
"Disability" or "disabled" means a physical impairment that meets the standards of23 CFR 1235.
"Extended" means a condition that is not expected to change within thirty monthsafter the issuance of an identifying figure, given the current state of medical or adaptive technology.
"Holder" means a person with a disability who has lawfully obtained an identifyingplate or placard.
"Identification number" means the number on a Colorado driver's license, a Coloradoidentification document, or an identification document issued by the United States.
"Identifying figure" means a figure that provides notice that a person is authorized touse a reserved parking space.
"Identifying placard" means a placard bearing an identifying figure issued under thissection or a similar provision in another state and refers to a ninety-day, three-year, or permanent placard.
"Identifying plate" means a license plate bearing an identifying figure issued underthis section or a similar provision in another state and refers to either a three-year or permanent license plate.
"Permanent" means a condition that is not expected to change within a person's lifetime, given the current state of medical or adaptive technology.
"Professional" means a physician licensed to practice medicine or practicing medicine under section 12-240-107 (3)(i), a physician assistant licensed under section 12-240113, a podiatrist licensed under article 290 of title 12, an advanced practice nurse registered under section 12-255-111, or a physician, physician assistant, podiatrist, or advanced practice nurse authorized to practice professionally by another state that shares a common border with Colorado. For the purposes of issuance of a ninety-day placard only, "professional" includes a chiropractor or physical therapist.
(i.5) "Remuneration-exempt identifying placard" means an identifying placard issued under this section that exempts the holder from paying remuneration at parking devices.
(i.7) "Remuneration-exempt qualifying disability" means a disability that limits an individual's:
Fine motor control in both hands;
Ability to reach a height of forty-eight inches from the ground due to lack of strengthor mobility in the individual's finger, hand, or upper extremity; or
Ability to reach or access a parking meter due to the use of a wheelchair or otherambulatory device.
"Reserved parking" means a parking space reserved for a person with a disability asset forth in paragraph (a) of this subsection (1).
"Temporary" means a condition that is expected to last less than thirty months afterthe issuance of an identifying plate or placard, given the current state of medical or adaptive technology.
(2) Administration by the department. (a) Records. The department shall maintain in its records for at least three years:
The registration information used to issue an identifying plate or placard;
Any violations of section 42-4-1208 by the holder of an identifying plate or placard;and
The application for an identifying plate or placard or an electronic or digital reproduction of the application.
Peace officers may access records. Upon the moneys being available and appropriated from the disabled parking education and enforcement fund created in section 42-1226, the department shall provide immediate electronic access to the records under this subsection (2) to a peace officer working within the course and scope of the officer's official duties.
Records confidential. Identifying information about the person with the disability for whom an identifying plate or placard is issued is strictly confidential and only available to:
A peace officer, parking authority, or tolling authority acting within the course andscope of the official's duties; or
Personnel within the department for official business related to the identifying plateor placard.
(d) Department to establish forms - rules. The department shall promulgate a rule creating an application and renewal form that:
Is signed by a professional, under penalty of perjury, to affirm that an applicant meetsthe eligibility requirements for an identifying plate or placard and setting out the penalties for authorizing an identifying plate or placard when an applicant is ineligible or before verifying that a person has a disability; and
Contains a notice of the eligibility requirements to obtain an identifying plate orplacard.
(3) Types of plates or placards. (a) Authorization. The department may issue the following registration type for issuing disabled plates and placards that notify the public that the vehicle transports a person who may use reserved parking:
A ninety-day identifying placard;
A three-year identifying placard;
(II.5) A three-year remuneration-exempt identifying placard;
A permanent identifying placard;
A three-year identifying plate;
A permanent identifying plate;
A military license plate, issued under section 42-3-213 or 42-3-218 (3), with anadditional identifying figure to indicate that the owner of the vehicle is authorized to make use of reserved parking for persons with disabilities.
(b) Number of placards and license plates allowed. (I) (A) Except as provided in subsection (3)(b)(I)(B) of this section, the department may issue two identifying placards, two identifying plates, or one plate and one placard to an eligible individual.
(B) The department may issue one remuneration-exempt identifying placard to an eligible individual.
The department may issue two military license plates under section 42-3-213 or 423-218 (3) with identifying figures or one military license plate under section 42-3-213 or 42-3218 (3) with an additional identifying figure and one placard to a qualified individual.
The department may issue one identifying plate or placard to each parent or guardian of a child with a disability who is under sixteen years of age, but the department shall not issue more than two identifying placards, two identifying plates, or one plate and one placard for the child. This subsection (3)(b)(III) does not apply to a remuneration-exempt identifying placard.
Cost. The cost for issuance of an identifying plate is the same as for a standard plate. There is no fee for an identifying placard.
Issuance of plate or placard - rules. (a) Department to issue. The department shall issue an identifying plate or placard to an applicant that pays any required fees and is qualified for the plate or placard under paragraph (h) of this subsection (5).
Identification number on placard. The department shall place the last four digits of the holder's identification number on the face of an identifying placard. If an entity that transports persons with disabilities obtains a placard, the placard shall bear the true name of the entity providing the service rather than the identification number.
Expiration date on placard. The department shall place the expiration date on an identifying placard using a date system that removes a portion of the placard to indicate the expiration date. The department shall affix to an identifying placard a validating sticker indicating the expiration date.
Department to give notice of rights and responsibilities. When a person files an application for issuance or renewal of an identifying plate or placard under this section, the department shall provide to the applicant an informational pamphlet or other informational source, developed by the department, that describes reserved parking and the rights and responsibilities of the holders of identifying plates or placards. The department shall develop the pamphlet or other informational source.
Personalized and other specialty plates authorized. An applicant may apply for a personalized identifying plate. Upon payment of the additional fee required by section 42-3-211 (6)(a) for personalized license plates, the department may issue such plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of identifying plates for the vehicle upon payment of the fee imposed by section 42-3-211 (6) and upon turning in the existing plates to the department. A person who has obtained personalized identifying plates under this paragraph (e) shall pay the annual fee imposed by section 42-3-211
(6)(b) for renewal of personalized plates. The fees under this paragraph (e) are in addition to all other taxes and fees imposed for personalized identifying plates.
Trusts may use. A person may use an identifying plate or placard on a motor vehicle that is owned by a trust created for the benefit of and in the name of a person who is eligible for reserved parking.
Placards issued by other states. An identifying placard issued in another state or country is not valid for more than ninety days after the holder becomes a resident of Colorado. A person must surrender any currently held identifying placard issued in another state or country to be issued an identifying placard in Colorado.
Requirements for issuance of identifying placards or plates. (I) To qualify for an identifying placard or plate, an individual must submit:
A written statement, made by a professional on a form published by the department,that the person has a physical impairment meeting the standards of 23 CFR 1235 and that the impairment is expected to be temporary, last thirty months, or be permanent, as the case may be;
A signed affidavit affirming: Knowledge of the eligibility requirements; that the person to whom the placard or plate is issued is and remains eligible to use the placard or plate; and knowledge of the penalties for obtaining a plate or placard when ineligible; and
A Colorado driver's license or identification document, or an identification documentissued by the United States government, for the person who is entitled to use reserved parking.
(I.5) To qualify for a remuneration-exempt identifying placard, an individual must submit:
A written statement, made by a professional on a form published by the department,that the individual has a remuneration-exempt qualifying disability;
A signed affidavit affirming: Knowledge of the eligibility requirements; that the individual to whom the placard is issued is and remains eligible to use the placard; and knowledge of the penalties for obtaining a placard when ineligible; and
A Colorado driver's license or identification document, or an identification documentissued by the United States government, for the individual who is entitled to use a remunerationexempt identifying placard.
To qualify for a ninety-day identifying placard, a resident of another state who becomes disabled while in this state must submit a driver's license or identification document issued by the state of residence or the United States government along with the documents required by sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (h).
A placard issued for a person under sixteen years of age may bear the parent's orguardian's identification number in lieu of the holder's number. If the placard bears the last four digits of a parent's or guardian's identification number, the department shall also place the letter "C" as a designator on the placard.
A state agency or business entity that transports persons with disabilities may obtain a permanent identifying plate or placard for reserved parking. To qualify for a three-year or permanent identifying plate or placard, the agency or business entity must:
Show that it transports persons with disabilities;
Provide a driver's license or identification document of its chief operations officerwithin Colorado;
Provide its employee identification number; and
Provide any other information required by the department by rule.
(i) Requirements for identifying figure on military license plate. To qualify for a military license plate with an identifying figure, the applicant must qualify for a permanent identifying plate under subparagraph (I) of paragraph (h) of this subsection (5) and meet the eligibility criteria in section 42-3-213 or 42-3-218 (3) for a military license plate. A military license plate with an identifying figure expires in accordance with the schedule established by the department for periodic registration under section 42-3-102 (1)(a).
(6) Expiration and renewal. (a) Ninety-day placards. A ninety-day identifying placard expires on the last day of the month in which the ninetieth day after issuance occurs. The holder may apply for or renew the placard by meeting the requirements of paragraph (h) of subsection (5) of this section to qualify for the placard.
Three-year placards. A three-year identifying placard expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may apply for or renew the placard by meeting the requirements of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the placard.
Permanent placards. (I) A permanent identifying placard expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the placard by submitting:
A written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the placard by mail or a Colorado driver's license, a Colorado identification document, or an identification document issued by the United States in person in the office of the department;
An affidavit, made under penalty of perjury, that the person to whom the placard isissued remains eligible to use the placard;
The date of birth and Colorado driver's license or identification card number of theperson who may use reserved parking; and
Every third renewal, a written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the placard.
(II) If the holder is an entity, the holder may renew the placard upon resubmitting and updating the information necessary to be issued the placard under subparagraph (IV) of paragraph (h) of subsection (5) of this section.
(d) Three-year identifying plates. (I) A three-year identifying plate expires in accordance with the schedule established by the department for periodic registration under section 42-3-102 (1)(a). Eligibility for a three-year identifying plate expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the plate by meeting the requirements of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the plate.
(II) If a three-year identifying plate is issued for a person under sixteen years of age using a parent's or guardian's identification document, the department shall place a "C" on the registration card issued under section 42-3-113 (2).
(e) Permanent identifying plates. (I) A permanent identifying plate or military license plate with an identifying figure expires in accordance with the schedule established by the department for periodic registration under section 42-3-102 (1)(a). Eligibility for a permanent identifying plate or identifying figure for a military license plate expires on the last day of the thirty-sixth full month after the date of issuance or renewal. The holder may renew the plate by submitting:
A current verification form as required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section by mail or a Colorado driver's license, Colorado identification document, or identification document issued by the United States in person in the office of an authorized agent;
An affidavit, made under penalty of perjury, that the person to whom the plate isissued remains eligible to use the plate;
The date of birth and Colorado driver's license or identification card number of theperson who may use reserved parking; and
Every third renewal, a written statement required by sub-subparagraph (A) of subparagraph (I) of paragraph (h) of subsection (5) of this section to qualify for the plate.
If the plate is issued for a person under sixteen years of age using a parent's orguardian's identification document, the department shall place a "C" on the registration card issued under section 42-3-113 (2).
If the holder is an entity, the holder may renew the plate upon resubmitting andupdating the information necessary to be issued the plate under subparagraph (IV) of paragraph (h) of subsection (5) of this section.
(f) Placards issued before January 1, 2005. Any identifying placard issued before January 1, 2005, expires on July 1, 2014.
(7) Violations - department may revoke. (a) (I) Upon receipt of a sworn statement from a peace officer or an authorized parking enforcement official that a person has improperly used reserved parking in violation of section 42-4-1208, an identifying plate or placard may be revoked by the department. To be accepted by the department, the peace officer or authorized parking enforcement official must include with the statement the name of the person who misused the identifying plate or placard and either the identifying plate or placard number or the last four digits of the driver's license or identification document number printed on the placard.
(II) The revocation is effective forty-five days after the department receives the sworn statement unless a hearing is requested in accordance with paragraph (e) of this subsection (7).
Upon receipt of a notice that the holder of an identifying plate or placard was convicted of, or pled nolo contendere to, a violation of section 42-4-1208, the department shall revoke each identifying placard or plate held by the person.
Revocation period. (I) Upon a first violation of section 42-4-1208, the department shall deny reissuance of the identifying plate or placard for twelve months after the date of revocation.
(II) Upon a second or subsequent violation of section 42-4-1208, the department shall deny reissuance of the identifying plate or placard for a period of at least five years after the date of the second or most recent subsequent revocation.
(d) Written notice of revocation. The department shall notify in writing the person issued the identifying plate or placard of the revocation. The department shall include in the notice:
A demand for the return of the identifying plate or placard;
A warning that continued use of the identifying plate or placard by any person issubject to the penalty set forth in section 42-4-1701; and
A statement that the person may appeal the revocation by filing a written requestwith the department within thirty days after the department issued the notice.
Request for hearing. If a person requests a hearing on the revocation of an identifying plate or placard within thirty days after the department issued the notice, the department shall hold a hearing before revoking the plate or placard. If a hearing is held and the hearing officer upholds the revocation, the revocation takes effect immediately.
Penalties. (I) A person who fails to return a revoked identifying placard or plate commits a class B traffic infraction.
(II) A person who attempts to obtain an identifying plate or placard when under revocation in accordance with this subsection (7) is subject to the penalties in section 42-4-1701 (4)(a)(VIII).
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. L. 2010: (1)(b)(II) amended, (HB 10-1422), ch. 419, p. 2125, § 185, effective August 11; entire section amended, (HB 101019), ch. 400, p. 1918, § 2, effective January 1, 2011. L. 2011: (1)(g) amended, (SB 11-195), ch. 195, p. 758, § 1, effective May 23. L. 2013: (1)(f), (2)(a)(I)(C), (2)(a)(II)(F), and (3)(a) amended and (1)(i) and (2)(a)(II)(F.5) added, (SB 13-058), ch. 136, p. 446, § 1, effective April
19. L. 2014: Entire section R&RE, (HB 14-1029), ch. 252, p. 990, § 2, effective July 1. L. 2015: (3)(a)(VI), (3)(b)(II), (5)(i), and IP(6)(e)(I) amended, (HB 15-1026), ch. 231, pp. 859, 860, §§ 1, 3, effective August 5; (3)(b)(II) amended, (HB 15-1136), ch. 158, p. 471, § 1, effective August 5.
L. 2018: IP(2)(d) and (5)(d) amended, (HB 18-1364), ch. 351, p. 2084, § 11, effective July 1;
(1)(i.5), (1)(i.7), (3)(a)(II.5) and (5)(h)(I.5) added and (3)(b)(I) and (3)(b)(III) amended, (HB 181285), ch. 265, p. 1628, § 2, effective January 1, 2019. L. 2019: (1)(i) amended, (HB 19-1172), ch. 136, p. 1733, § 260, effective October 1. L. 2020: IP(2)(d) and (5)(d) amended, (HB 201392), ch. 132, p. 576, § 6, effective June 26.
Editor's note: (1) This section is similar to former § 42-3-121 as it existed prior to 2005.
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).
Amendments to subsection (1)(b)(II) by House Bill 10-1422 were superseded by House Bill 10-1019, effective January 1, 2011.
Subsections (2)(a)(II)(H) and (3)(f)(II) provided for the repeal of subsections (2)(a)(II)(H) and (3)(f)(II), respectively, effective July 1, 2011. (See L. 2010, p. 1918.)
Cross references: For the short title ("The Chris Hinds Act") in HB 18-1285, see section 1 of chapter 265, Session Laws of Colorado 2018.