DOT 23 CFR PART 1235-2011 UNIFORM SYSTEM FOR PARKING FOR PERSONS WITH DISABILITIES.pdf

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1、521 NHTSA and FHWA, DOT Pt. 1235 within 4 years from the date that a States apportionment is reduced under 1225.8, the apportionment for such State shall be increased by an amount equal to the reduction, as illustrated by appendix A of this part. The re-stored apportionment will be available to a St

2、ate, as quickly as possible, upon a determination by NHTSA that the State is in conformance and notifica-tion to the FHWA. 1225.10 Apportionment of withheld funds after compliance. If a State has not met the require-ments of 23 U.S.C. 163 and 1225.4 of this part by October 1, 2007, the funds withhel

3、d under 1225.8 shall begin to lapse and will no longer be available for apportionment to the State, in ac-cordance with appendix A of this part. 1225.11 Notification of compliance. (a) Beginning with FY 2004, NHTSA and FHWA will notify States of their compliance or noncompliance with the statutory a

4、nd regulatory requirements of 23 U.S.C. 163 and this part, based on a review of certifications received. States will be required to submit their certifications on or before September 30, to avoid the withholding of funds in a fiscal year. (b) This notification of compliance will take place through F

5、HWAs nor-mal certification of apportionments process. If the agencies do not receive a certification from a State, by June 15 of any fiscal year, or if the certifi-cation does not conform to the require-ments of 23 U.S.C. 163 and this part, the agencies will make an initial deter-mination that the S

6、tate is not in com-pliance. 1225.12 Procedures affecting States in noncompliance. (a) Each fiscal year, each State deter-mined to be in noncompliance with 23 U.S.C. 163 and this part, based on NHTSA and FHWAs preliminary re-view of its certification, will be advised of the amount of funds expected t

7、o be withheld under 1225.8 from apportion-ment, as part of the advance notice of apportionments required under 23 U.S.C. 104(e), which is ordinarily issued on July 1 of each fiscal year. (b) If NHTSA and FHWA determine that any State is not in compliance with 23 U.S.C. 163 and this part, based on th

8、e agencies preliminary review, the State may submit documentation showing why it is in compliance. States will have until September 30 to rebut the initial determination or to come into compliance with 23 U.S.C. and this part. Documentation shall be submitted through NHTSAs Regional Administrators,

9、who will refer the re-quests to appropriate NHTSA and FHWA offices for review. (c) Each fiscal year, each State deter-mined not to be in compliance with 23 U.S.C. 163 and this part, based on NHTSAs and FHWAs final determina-tion, will receive notice of the funds being withheld under 1225.8 from ap-p

10、ortionment, as part of the certifi-cation of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. APPENDIX A TO PART 1225EFFECTS OF THE 0.08 BAC SANCTION PROGRAM ON NON-COMPLYING STATES EFFECTS OF THE 0.08 BAC SANCTION PROGRAM ON NON-COMPLYING STATE

11、S Fiscal year Withhold Lapse 2004 . 2% 2005 . 4 2006 . 6 2007 . 8 2008 . 8 2% withheld in FY04. 2009 . 8 4% withheld in FY05. 2010 . 8 6% withheld in FY06. 2011 . 8 8% withheld in FY07. 2012 . 8 8% withheld in FY08. PART 1235UNIFORM SYSTEM FOR PARKING FOR PERSONS WITH DISABILITIES Sec. 1235.1 Purpos

12、e. 1235.2 Definitions. 1235.3 Special license plates. 1235.4 Removable windshield placards. 1235.5 Temporary removable windshield placards. 1235.6 Parking. 1235.7 Parking space design, construction, and designation. 1235.8 Reciprocity. APPENDIX A TO PART 1235SAMPLE REMOV-ABLE WINDSHIELD PLACARD VerD

13、ate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00531 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-522 23 CFR Ch. II (4111 Edition) 1235.1 APPENDIX B TO PART 1235SA

14、MPLE TEM-PORARY REMOVABLE WINDSHIELD PLACARD AUTHORITY: Pub. L. 100641, 102 Stat. 3335 (1988); 23 U.S.C. 101(a), 104, 105, 109(d), 114(a), 135, 217, 307, 315, and 402(a); 23 CFR 1.32 and 1204.4; and 49 CFR 1.48(b). SOURCE: 56 FR 10329, Mar. 11, 1991, unless otherwise noted. 1235.1 Purpose. The purpo

15、se of this part is to provide guidelines to States for the establish-ment of a uniform system for handi-capped parking for persons with dis-abilities to enhance access and the safety of persons with disabilities which limit or impair the ability to walk. 1235.2 Definitions. Terms used in this part a

16、re defined as follows: (a) International Symbol of Access means the symbol adopted by Rehabili-tation International in 1969 at its Elev-enth World Congress on Rehabilitation of the Disabled. (b) Persons with disabilities which limit or impair the ability to walk means per-sons who, as determined by

17、a licensed physician: (1) Cannot walk two hundred feet without stopping to rest; or (2) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic de-vice, wheelchair, or other assistive de-vice; or (3) Are restricted by lung disease to such an extent that

18、the persons forced (respiratory) expiratory 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; or (4) Use portable oxygen; or (5) Have a cardiac condition to the extent that the persons functional

19、limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or (6) Are severely limited in their abil-ity to walk due to an arthritic, neuro-logical, or orthopedic condition. (c) Special license plate means a li-cense plate that displ

20、ays the Inter-national Symbol of Access: (1) In a color that contrasts to the background, and (2) In the same size as the letters and/ or numbers on the plate. (d) Removable windshield placard means a two-sided, hanger-style placard which includes on each side: (1) The International Symbol of Ac-ces

21、s, which is at least three inches in height, centered on the placard, and is white on a blue shield; (2) An identification number; (3) A date of expiration; and (4) The seal or other identification of the issuing authority. (e) Temporary removable windshield placard means a two-sided, hanger- style

22、placard which includes on each side: (1) The International Symbol of Ac-cess, which is at least three inches in height, centered on the placard, and is white on a red shield; (2) An identification number; (3) A date of expiration; and (4) The seal or other identification of the issuing authority. 12

23、35.3 Special license plates. (a) Upon application of a person with a disability which limits or impairs the ability to walk, each State shall issue special license plates for the vehicle which is registered in the applicants name. The initial application shall be accompanied by the certification of

24、a licensed physician that the applicant meets the 1235.2(b) definition of per-sons with disabilities which limit or impair the ability to walk. The issuance of a special license plate shall not preclude the issuance of a remov-able windshield placard. (b) Upon application of an organiza-tion, each S

25、tate shall issue special li-cense plates for the vehicle registered in the applicants name if the vehicle is primarily used to transport persons with disabilities which limit or impair the ability to walk. The application shall include a certification by the ap-plicant, under criteria to be deter-mi

26、ned by the State, that the vehicle is primarily used to transport persons with disabilities which limit or impair the ability to walk. (c) The fee for the issuance of a spe-cial license plate shall not exceed the VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00532 Fmt 8010 Sfmt 8010 Y:S

27、GML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-523 NHTSA and FHWA, DOT 1235.7 fee charged for a similar license plate for the same class vehicle. 1235.4 Removable windshield plac-ards. (a) The St

28、ate system shall provide for the issuance and periodic renewal of a removable windshield placard, upon the application of a person with a dis-ability which limits or impairs the ability to walk. The State system shall require that the issuing authority shall, upon request, issue one addi-tional plac

29、ard to applicants who do not have special license plates. (b) The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the 1235.2(b) definition of per-sons with disabilities which limit or impair the ability to walk. (c) The State system shal

30、l require that the removable windshield placard is 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 re-served for persons with disabilities. When there is no rearview

31、 mirror, the placard shall be displayed on the dash-board. 1235.5 Temporary removable wind-shield placards. (a) The State system shall provide for the issuance of a temporary remov-able windshield placard, upon the ap-plication of a person with a disability which limits or impairs the ability to wal

32、k. The State system shall require that the issuing authority issue, upon request, one additional temporary re-movable windshield placard to appli-cants. (b) The State system shall require that the application shall be accom-panied by the certification of a li-censed physician that the applicant meet

33、s the 1235.2(b) definition of per-sons with disabilities which limit or impair the ability to walk. The certifi-cation shall also include the period of time that the physician determines the applicant will have the disability, not to exceed six months. (c) The State system shall require that the tem

34、porary removable wind-shield placard is displayed in such a manner that it may be viewed from the front and rear of the vehicle by hang-ing it from the front windshield rear-view mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, t

35、he placard shall be displayed on the dashboard. (d) The State system shall require that the temporary removable wind-shield placard shall be valid for a pe-riod of time for which the physician has determined that the applicant will have the disability, not to exceed six months from the date of issua

36、nce. 1235.6 Parking. Special license plates, removable windshield placards, or temporary re-movable windshield placards displaying the International Symbol of Access shall be the only recognized means of identifying vehicles permitted to uti-lize parking spaces reserved for persons with disabilities

37、 which limit or impair the ability to walk. 1235.7 Parking space design, con-struction, and designation. (a) Each State shall establish design, construction, and designation stand-ards for parking spaces reserved for persons with disabilities, under criteria to be determined by the State. These stan

38、dards shall: (1) Ensure that parking spaces are ac-cessible to, and usable by, persons with disabilities which limit or impair the ability to walk; (2) Ensure the safety of persons with disabilities which limit or impair the ability to walk who use these spaces and their accompanying accessible rout

39、es; and (3) Ensure uniform sign standards which comply with those prescribed by the Manual on Uniform Traffic Con-trol Devices for Streets and Highways (23 CFR part 655, subpart F) to des-ignate parking spaces reserved for per-sons with disabilities which limit or impair the ability to walk. (b) The

40、 design, construction, and al-teration of parking spaces reserved for persons with disabilities for which Fed-eral funds participate must meet the Uniform Federal Accessibility Stand-ards. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoo

41、ds2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-524 23 CFR Ch. II (4111 Edition) 1235.8 1235.8 Reciprocity. The State system shall recognize re-movable windshield placards, tem-porary removable windshield placards and sp

42、ecial license plates which have been issued by issuing authorities of other States and countries, for the pur-pose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities which limit or impair the ability to walk. VerDate Mar2010 09:39 May 11, 2011 Jkt 2230

43、76 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-525 NHTSA and FHWA, DOT Pt. 1235, App. A APPENDIX A TO PART 1235SAMPLE REMOVABLE WINDSHIELD PLACARD VerD

44、ate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00535 Fmt 8010 Sfmt 8026 Y:SGML223076.XXX 223076EC14OC91.014wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-526 23 CFR Ch. II (4111 Edition) Pt. 1235, App. B APP

45、ENDIX B TO PART 1235SAMPLE TEMPORARY REMOVABLE WINDSHIELD PLACARD VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00536 Fmt 8010 Sfmt 8006 Y:SGML223076.XXX 223076EC14OC91.015wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-