PART 1100 RULES OF THE ROAD - PERSONS WITH DISABILITIES PARKING PROGRAM : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1100 RULES OF THE ROAD - PERSONS WITH DISABILITIES PARKING PROGRAM


AUTHORITY: Implementing and authorized by Section 3-616 of the Illinois Vehicle Title and Registration Law and Section 11-1301.2 of the Illinois Rules of the Road [625 ILCS 5].

SOURCE: Adopted at 4 Ill. Reg. 11, p. 74, effective February 29, 1980; codified at 6 Ill. Reg. 12703; amended at 9 Ill. Reg. 12868, effective August 2, 1985; amended at 12 Ill. Reg. 8448, effective May 2, 1988; old Part repealed and new Part adopted at 22 Ill. Reg. 2280, effective January 1, 1998; amended at 30 Ill. Reg. 917, effective January 6, 2006; amended at 37 Ill. Reg. 19866, effective November 27, 2013; emergency amendment at 44 Ill. Reg. 5847, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6658, effective April 9, 2020, for the remainder of the 150 days; emergency rule effective March 17, 2020, as amended April 9, 2020, repealed by emergency at 44 Ill. Reg. 11618, effective June 30, 2020; emergency amendment at 44 Ill. Reg. 11906, effective June 30, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 18742, effective November 13, 2020.

 

Section 1100.5  Definitions

 

            "Affirmation by an authorized agent" means the agent for a corporation, school district or special education cooperative attests that the individuals being transported are qualified under IVC Section 1-159.1 and are permanently disabled (i.e., indefinitely subject to a physical disability or a developmental disability as defined in Section 4A(a) of the Illinois Identification Card Act [15 ILCS 335/4A(a)]).

 

            "Authorized holder" means an individual issued a person with disabilities license plate under IVC Section 3-616 or 3-609(a), or an individual issued a person-with-disabilities parking decal or device under IVC Section 11-1301.2.

 

            "Competent medical specialist" means a person affirming that the applicant for a person-with-disabilities license plate or decal or device is a disabled person in accordance with IVC Section 1-159.1.  This person shall be licensed under the Medical Practice Act [225 ILCS 60], or similar law of another jurisdiction, or a person specified in the Illinois Identification Card Act and the Illinois Vehicle Code, including a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination [625 ILCS 5/3-616(a)].

 

            "Decal or device" means a placard described in Section 1100.10(a) that, when displayed in a vehicle, authorizes the parking of the vehicle in parking spaces reserved for the disabled, and authorizes other parking privileges as outlined in IVC Sections 11-1301.1 and 11-1301.2.  "Decal or device" does not mean a sticker with adhesive backing which is permanently affixed to the vehicle.

 

"DFPR" means the Illinois Department of Financial and Professional Regulation.

 

            "False information" means any incorrect or inaccurate information concerning the name, date of birth, social security number, driver's license number, physician certification, or any other information required on the application for a person-with-disabilities license plate or parking decal or device that falsifies the content of the application.

 

            "Fictitious person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device that has been issued by the Secretary or authorized unit of local government that was issued based upon false information contained on the required application.

 

            "Fraudulent person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device that purports to be an official person with disabilities license plate or parking decal or device and has not been issued by the Secretary or an authorized unit of local government.

 

"IVC" means the Illinois Vehicle Code [625 ILCS 5].

 

"Metered-exempt decal or device", as that term is used in IVC Section 11-1301.2, means a decal or device that is issued by the Secretary to a natural person who, as determined by a licensed physician, physician assistant or advanced practice nurse, meets the criteria established under IVC Section 11-1301.2(c-5).

 

"Permanent disability" means a disability that affects an individual indefinitely as defined in the Illinois Identification Card Act [15 ILCS 335/4A]. 

 

            "Person with disabilities" means a natural person who, as determined by a licensed physician:  cannot walk 200 feet without stopping to rest; cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; is restricted by lung disease to such an extent that his or her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mmhg on room air at rest; uses portable oxygen; 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 (Classification of Functional Capacity and Objective Assessment of Patients with Diseases of the Heart, 7272 Greenville Avenue, Dallas, Texas, effective March 4, 1994, no subsequent dates and editions); or is severely limited in the person's ability to walk due to an arthritic, neurological, oncological or orthopedic condition.

 

"Secretary" means the Illinois Secretary of State.

 

            "Temporary disability" means a disability that lasts up to six months and is not permanent in nature.

 

            "Unlawfully altered person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device issued by the Secretary or authorized unit of local government that has been physically altered or changed in such a manner that false information, which may include but shall not be limited to incorrect expiration date or incorrect decal or device number, appears on the license plate or parking decal or device.

 

            "While the person with disabilities is present", as that term is used in IVC Section 11-1301.1, means that the person with disabilities must either exit or enter the vehicle while the vehicle is parked in a designated person with disabilities parking area or in an area where parking meter time restrictions are waived.  In other words, an able-bodied driver cannot drop off the person with disabilities at the entrance to a facility, park in a person with disabilities parking space, and then return to pick up the person with disabilities.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.10  Application Procedures for Plates and Decals or Devices

 

a)         If a person wishes to apply for a person with disabilities license plate, he/she must be a resident of the State of Illinois and shall submit the following to the Secretary:

 

1)         The  certification on a form prescribed by the Secretary completed by the competent medical specialist and the applicant;

 

2)         The current registration card or a copy of the title if the vehicle is registered in the applicant's name or the title or the manufacturer's certificate of origin if the vehicle is not registered in the applicant's name;  and

 

3)         The application form prescribed by the Secretary and statutory fee as provided for in IVC Section 3-806.

 

b)         If a person wishes to apply for a person with disabilities parking decal or device, he/she must be a resident of the State of Illinois, must possess a valid Illinois driver's license, and shall submit the following to the Secretary or authorized unit of local government:

 

1)         The certification form completed by the competent medical specialist and applicant unless the person has been issued a disabled veteran or person with disabilities license and has a certification form on file or the person has an Illinois Person with a Disability ID card with a 1A or 2A classification as provided in Section 4A of the Illinois Identification Card Act; or

 

2)         A copy of the individual's State of Illinois identification card, disabled veteran identification card, person with disabilities identification card, or State of Illinois Driver's License.  In the case of a person with disabilities who is under the age of 18, the identification card number of the minor's parent or legal guardian may be submitted.

 

c)         The physician certification form shall contain the following items:

 

1)         The definition of a "person with disabilities" as outlined in IVC Section 1-159.1 and contained in Section 1100.5 of this Part and the requirements for an applicant to qualify for the metered-exempt parking decal or device set forth in IVC Section 11-1301.2(c-5);

 

2)         An indication from the competent medical specialist as to the qualifying disability;

 

3)         An indication from the competent medical specialist whether the disability is permanent or temporary.  If temporary, the competent medical specialist shall also indicate the anticipated duration of the disability (not to exceed 6 months).  If the disability is permanent, the competent medical specialist shall indicate whether the applicant meets the medical conditions required by IVC Section 1-159.1 for a metered-exempt parking decal or device;

 

4)         The certifying competent medical specialist's name, address, telephone number, professional license number and signature;

 

5)         The applicant's name, address, telephone number, social security number and driver's license number or State identification number;

 

6)         The plate number for the one or two primary vehicles used to transport the person with disabilities; and

 

7)         The name, address, phone number, relationship to the disabled individual, and signature of the family member who is the owner of the vehicle upon which the person with disabilities relies for his/her mode of transportation, and that he/she does not own a vehicle in his/her name, if the vehicle is not owned by the applicant having the disability.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.15  Authorized Issuing Agents for Person with Disabilities Parking Decals or Devices

 

a)         The Secretary shall be the only authorized agent to issue person with disabilities permanent parking decals or devices.  Additionally, the Secretary shall be the only authorized agent permitted to issue metered-exempt parking decals or devices.

 

b)         Person with disabilities temporary parking decals or devices may be issued by:

 

1)         Units of local government following the guidelines established by the IVC; or

 

2)         The Secretary.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.20  Person with Disabilities Parking Decals or Devices

 

a)         The decals or devices issued by State and local authorities according to the provisions of IVC Section 11-1301.2 shall be the following size, color, design, duration and placement.

 

1)         Size − 3" x 9˝".

 

2)         Color − Permanent, metered-exempt, and temporary decals or devices shall be of differing distinctive and contrasting colors.

 

3)         Design, Placement, Manufacturing − The decal or device shall contain the international symbol of access,  the  registration number, the expiration date, and the name of the issuing agent.  Decals shall be placed on the rearview mirror of the vehicle while the vehicle is parked in the person with disabilities parking space or metered space, and shall be removed while the vehicle is in motion.  If the person is incapable of putting the decal or device on the rearview mirror because of his/her physical disability, the decal or device may be placed on the dashboard of the car in clear view.

 

4)         Duration of the Temporary Decal or Device − Secretary Issue: Temporary decals or devices provided by the Secretary shall be issued to individuals whose disability is temporary in nature.  The temporary decal or device shall be issued for the time specified by the physician certification, but shall not exceed six months.   Recertification of disability is required upon application for renewal.

 

5)         Duration of Temporary Decal or Device − Unit of Local Government Issue: Temporary decals or devices provided by units of local government shall be issued to individuals whose disability is temporary in nature.  The temporary decal or device shall be issued for the time specified by the physician certification, but shall not exceed 90 days.  Recertification of disability is required upon application for renewal.

 

6)         Duration of Permanent Decal:  The permanent decals or devices shall expire every four years.  A physician's certification of the permanent disability is required for renewal of permanent decals or devices.

 

b)         The vehicle in which the disabled parking decal or device is displayed need not bear Illinois registration plates.  However, the vehicle's registration plates must be valid and issued in accordance with the individual's ruling state/jurisdiction.

 

c)         A vehicle displaying disabled plates issued under IVC Section 3-609(a) or 3-616 that has also been issued a metered-exempt parking decal or device must display the metered-exempt parking decal or device while parked at a meter to avoid paying the meter.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.25  Random Professional License Number Checks with the Department of Financial and Professional Regulation

 

a)         At least once every six months, the Secretary shall pull at random applications for person with disabilities license plates or decals or devices.  DFPR shall verify that the name of the competent medical specialist certifying to the disability matches the licensing number listed on the application form, and that the competent medical specialist is licensed by DFPR under that licensure number. DFPR shall notify the Secretary of State of the results of the match.

 

b)         In the instance that DFPR finds that a competent medical specialist is not licensed by DFPR under the licensure number listed on the application, the Secretary shall begin proceedings for the revocation of plates or decals or devices outlined in Section 1100.35.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.30  Corporations, School Districts and Special Education Cooperatives

 

a)         Corporations, school districts and special education cooperatives may apply for either a person with disabilities license plate and/or decal or device providing the corporation, school district and special education cooperative is not already registered pursuant to IVC Sections 1-142.1, 8-101, 8-101.1 and 3-412(J).  If a vehicle is used to transport persons with disabilities for compensation, appropriate plates must be issued in accordance with the IVC Sections  cited in this subsection (a).

 

b)         The vehicle must be used primarily (more than 60% of the time) for the transportation of permanently disabled persons to be registered with a person with disabilities license plate.  If the vehicle is used only occasionally for the transportation of persons with disabilities, a decal or device shall be used.

 

c)         Duration of the decal or device:  The permanent decals or devices shall expire every four years.  An affirmation of the transportation of the persons with permanent disabilities shall be required upon the renewal of the permanent decal or device and/or plate.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.35  Revocation of Plates and Decals or Devices

 

a)         Upon receipt of a written complaint that a person with disabilities plate or decal or device is being used by a person not entitled to the plate, decal or device, the Secretary shall attempt to verify the license plate or decal or device owner's eligibility for the plate or decal or device.

 

b)         In determining eligibility, the Secretary shall notify the license plate or decal or device owner that the complaint has been received regarding the misuse of the license plate or decal or device.  If the complaint is related to a metered-exempt parking decal or device, the Secretary shall also request that the license plate or decal or device owner submit an updated certification by a competent medical specialist that the owner is disabled as defined by IVC Section 11-1301.2(c-5) and Section 1100.5 of this Part.

 

1)         If the competent medical specialist chosen by the license plate/decal or device owner indicates on the certification form that the owner does not have a qualifying disability, the person with disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).

 

2)         If the competent medical specialist indicates that the disability is temporary in nature, not permanent, the license plate and/or permanent decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).  Upon revocation of the permanent decal or device, a temporary decal or device shall be issued according to the guidelines outlined in Section 1100.20.

 

3)         If the competent medical specialist affirms that the individual has a permanent qualifying disability, no revocation action shall be taken.

 

4)         If the competent medical specialist fails to submit an updated certification, the person-with-disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).

 

c)         Under authority granted in IVC Section 3-704(a)(11), person with disabilities license plates and decals or devices shall be revoked if determined to be issued to a person who is not disabled or determined to be used in an unlawful manner as outlined in IVC Section 11-1301.5 or 11-1301.6.  The sources of acceptable proof of the offenses described in this Section are court documents, Department of Vehicle Services applications, Department of Driver Services facility applications, government entity documents, and law enforcement correspondence/reports.

 

d)         If a person with disabilities license plate is revoked, a passenger plate (or other appropriate license plate) shall be issued.

 

e)         Any person whose person with disabilities parking plate or decal is revoked may request a hearing to be conducted pursuant to 92 Ill. Adm. Code 1001, Subpart A or Subpart C, as the person may choose.

 

(Source:  Amended at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.40  Revocation Authority for Plates and Decals or Devices (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 19866, effective November 27, 2013)

 

Section 1100.50  Extension of Expiration Dates

 

Pursuant to the powers vested in him or her by Public Act 101-640, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in  Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 100 days thereafter, the expiration dates of any person with disabilities motorist decal or device issued pursuant to Section 11-1301.2 of the Illinois Vehicle Code, which was expired as of the last day of the proclaimed disaster, and those that expire within the first 60 days following the last day of the proclaimed disaster.

 

(Source:  Added at 44 Ill. Reg. 18742, effective November 13, 2020)