Parking for People with Disabilities - The Law

Reserved parking for people with disabilities ensures safe and equal access to goods and services, access that most of us take for granted. It is a legal requirement, not just a courtesy. Businesses and drivers must follow the rules about reserved parking spaces. 

You can support the law by parking in reserved spaces only if you have a permit or plates for people with disabilities, and only when the person who received the permit or plates is in the vehicle. Please avoid parking in the access aisle or striped area next to a reserved parking space - it is not a parking zone. This special area is needed for access by people who use wheelchairs and specially equipped vehicles.c

Permanent Disabilities

A qualifying disability for license plates or a permanent parking permit is one or more of the following impairments, disabilities, or conditions that are both permanent in nature and affect mobility:

1. Use of portable oxygen;
2. Legal blindness;
3. Limited use, or no use, of one or both legs;
4. Inability to walk 200 feet without stopping;
5. A neuro-muscular dysfunction that severely limits mobility;
6. A Class III or IV cardiac condition (American Heart Association standards);
7. Severe limitation in the ability to walk due to an arthritic, neurological or orthopedic condition;
8. Restriction because of lung disease to such an extent that 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 of room air at rest;
9. Any other physical or mental impairment not previously listed which constitutes an equal degree of disability, and imposes unusual hardship in the use of public transportation and prevents the person from getting around without great difficulty.

Temporary Disabilities

A temporary parking permit, valid for six months, may be issued when a person has a temporarily disabling condition that makes them unable to walk without a cane, crutches, a walker, or other assistive device.

Medical Professionals Who Can Certify a Disability

The only doctors who can certify qualifying disabilities are:

• medical doctor (MD), 
• doctor of osteopathy (DO)
• doctor of podiatric medicine (DPM, licensed in New York State only)
• or optometrist (OD, for blindness). 

One of these doctors licensed in New York or another state may certify for conditions #1 through #8. Only those licensed in New York State may certify for condition #9. A podiatrist must be licensed in New York State and may certify applicants only for severe foot disabilities.

Proofs of Disability:

1. Have your doctor fill out the Medical Certification, Part II, on the Application for License Plates and Parking Permits for People with Severe Disabilities (MV-664.1). This form may be used to apply for license plates for people with disabilities and is accepted by most localities for a parking permit. The form is available online, at any DMV office, by request from the DMV Call Center, and from most permit-issuing agents in cities, towns, and villages. To determine which governmental office issues permits in your area, contact your local town, city, or village clerk.
2. Obtain a statement from a doctor certifying that you have a qualifying disability. The statement must: be less than one year old, describe the condition and how it limits your mobility, be on the doctor's letterhead, and include the doctor's professional license number and signature. If the doctor practices outside New York State, the statement must identify the doctor's licensing state.
   A similar statement is also acceptable from:
   • a hospital, clinic, or medical facility; the New York State Office of Vocational Rehabilitation in the New York State Department of Education; or
   • the New York State Commission for the Blind and Visually Handicapped in the Office of Children and Family Services (for verification of legal blindness).
3. If you have an obvious, visible, permanent disability, such as the complete or partial loss of a leg or foot, the requirement for a medical statement may be waived by a DMV supervisor if you are applying for the license plates, or by the local issuing agent if you are applying for a permit.
4. If you have moved to New York State and want to apply for New York State license plates or a parking permit for people with disabilities, you must provide proof of disability listed in 1 - 3 of the sections above even if you had parking privileges in your former state. Your out-of-state permit cannot be accepted in exchange for a New York State permit or plates.
5. If you already have license plates for people with disabilities, a locality may accept your registration as proof for issuing a permit. Check with your local issuing agent before applying.

It is a Crime to Make a False Statement

Under the New York State Vehicle & Traffic Law (Section 392), it is a criminal violation (misdemeanor) to make a false statement or give false information on an application for license plates.

It is also a misdemeanor under the New York State Penal Law (Section 210.45) to make a false statement or provide misinformation to obtain a parking permit for a person with a disability and is punishable by fine. Additional civil penalties may also be imposed under Section 1203-a (4) of the Vehicle and Traffic Law. These penalties also apply to doctors providing certifications, as well as applicants.

The parking permit should hang from the rearview mirror when parked, but should be removed when the vehicle is being operated. 

Issuance

A permit is issued to any person with a qualifying disability regardless of age or driving ability. The person with the permit does not need to be a licensed driver or own a vehicle. The permit can be used in any vehicle in which that person is riding.

DMV does not issue parking permits. State law requires every city, town, and village to appoint an agent (usually the city, town, or village clerk) to issue parking permits for people with disabilities at no charge. Localities follow the same general guidelines for issuing the permit as the DMV does for plates, but there may be some differences from one locality to another. Most accept an Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1), but some localities have their own application form. 

Contact your city, town, or village clerk to find out how to obtain a permit in your area. You must apply in the locality in which you live. If you lose your permit or it is stolen, immediately report it to the locality that issued the permit.

Permanent Permits

People with a permanent disability who live in New York State may be eligible for a permanent parking permit. If your disability is not permanent or you do not live in New York, you are not eligible for a permanent permit.

Temporary Permits

Non-residents may be eligible for a temporary parking permit which is valid for six months. The temporary permit will allow the same access to reserved parking spaces.

Not all localities offer temporary permits. 

Facility or Agency Permits

A local issuing agent may issue parking permits to a state facility or an agency licensed by the state or locality. The permits will be issued only for vehicles primarily used to transport people with qualifying disabilities. To apply, the agency must provide a written request on its own letterhead describing its facility or agency, a copy of its New York State facility license, and a list of the vehicles they use to transport people with disabilities.

Expiration

All permits, including 'permanent' permits, have an expiration date. An expired permit is not valid and cannot be used. If your permit is due to expire, contact your local issuing agent about the renewal procedures in your area.

Registering a Vehicle with Disability Plates

The DMV issues license plates for people with permanent disabilities for use on passenger cars, motorcycles, vans, and pickup trucks not used for commercial purposes. You can get the plates at any Motor Vehicles office.

The vehicle on which the special plates will be used must be registered to the person with the disability. You must be at least 16 years old to have a vehicle registered in your own name. You may have only one set of disability license plates registered in your name. If the vehicle cannot be registered in the name of the disabled person, refer to the section on Parking Permits.

Original Registration

If you are registering your vehicle for the first time, and you do not already have a permanent parking permit for people with disabilities, you must provide documentation for registering the vehicle, your driver license and proof of disability (or the registrant's license and proof if you are registering for a family member), and a completed Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1). 

Registered Vehicle and Permanent Parking Permit

If your vehicle already has a valid registration with New York license plates and you already have a permanent parking permit for people with disabilities that was issued in New York State, you must present this permit and a copy of the Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1) showing the medical certification (or doctor's statement) used to obtain the parking permit. The medical certification must be dated no more than one year before the application for the license plates. Do NOT apply if you hold only a temporary parking permit. To apply, you must complete a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates displaying the Universal Symbol of Access. If this transaction is done at any time other than at renewal, a $3.75 transaction fee will be charged.

Registered Vehicle and No Permanent Parking Permit

If your vehicle already has a valid registration with New York license plates and you do NOT already have a permanent parking permit for people with disabilities, bring proof of your disability, your current New York plates, and your registration receipt to any state or county motor vehicle office. You will be required to fill out a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates showing the Universal Symbol of Access. If this transaction is done at any time other than at renewal, a $3.75 transaction fee will be charged. Do NOT apply if you hold only a temporary parking permit.

Plate Renewal

There is no additional fee for renewing a vehicle registered with plates for people with disabilities. You do not have to provide proof of disability when you renew your vehicle registration. However, when you sign your registration renewal notice, you are certifying under penalty of the law that you (or the registrant if you are renewing for someone else) have a severe disability and are eligible to have the license plates. Making a false certification is a misdemeanor.

Personalized license plates are available for an additional charge from the Custom Plates Unit.

Proper Use of Permits or Plates

A vehicle that has a license plate or valid permit displaying the Universal Symbol of Access may use parking spaces designated for use by a person with a disability only when the person to whom the license plate or permit was issued is traveling in the vehicle.

Plates and permits do not allow you to disobey state or local parking regulations. They also do not exempt you from parking fees unless a locality has adopted an ordinance to that effect. Parking illegally in a space reserved for people with disabilities carries a fine, plus a mandatory surcharge.
 

Misuse of Permits or Plates

It is a serious misuse of license plates and permits for people with disabilities when someone other than the person with a disability uses the plates or permit to park in a space reserved for people with disabilities. These license plates or parking permits are valid only when the person with a disability who received the plates or permit is driving the vehicle or is a passenger in it.

If you misuse plates or a parking permit or allow someone else to use them, the DMV may revoke the license plates, the locality that issued the permit may revoke the permit, or they may deny renewal.

Parking Spaces Statewide

Off-street parking spaces for people with disabilities are required by law at shopping centers that have five or more retail stores, and signs must be posted. Spaces reserved for people with disabilities must be located as close to the shopping center as possible and distributed to provide convenient access. A facility owner who does not comply may be fined.

On-street parking spaces reserved for people with disabilities are designated by local law or ordinance. If you have a question about parking for people with disabilities on a particular street, contact the authorities responsible for maintaining the street.

State and local laws and building codes also require reserved parking for people with disabilities at other facilities and when new parking lots are constructed. If you have a question about reserved parking at any facility with off-street parking, contact the facility management or the local building inspector.

State, county, or local law enforcement officers are authorized to enter the parking lot of any shopping center or other facility described in the State Building Code to enforce laws governing the use of parking spaces reserved for people with disabilities.
 

Parking Spaces in New York City

New York City does not set aside reserved spaces on its streets for persons with disabilities. Reserved parking spaces are only available off-street, in parking lots for shopping centers/malls, office/apartment buildings, and college campuses. You can use the vehicle plates for people with disabilities or a state permit for people with disabilities to park in reserved spaces in those off-street lots.

However, the NYC Department of Transportation issues a City permit (a rectangular dashboard permit) that allows persons with severe disabilities to park at most curbsides on NYC streets. City permits are issued to people with a permanent disability that so severely affects their ability to walk that they require the use of a private automobile. The New York City parking permit is not valid outside of NYC. For more information or to obtain an application for a New York City permit, call (718) 433-3100 or visit the NYC Department of Transportation's website.

New York State honors out-of-state plates and permits for people with disabilities, and most other states honor New York's permits and plates. To be sure if you travel to another state, check with the police or motor vehicle agency of the other state about whether they honor New York State-issued license plates or permits for people with disabilities.

Remember:

• When parked, hang the parking permit from the vehicle's inside rearview mirror. Remove the permit from the mirror before driving.
• Use the parking spaces reserved for people with disabilities only if you have the license plates or parking permit, and only when the person with a disability is driving or riding in the vehicle.
• Never park in the access aisle or striped area next to a reserved parking space. This allows access to the parking space by people with wheelchairs and specially-equipped vehicles. It is not a parking zone.
• Do NOT allow others to misuse your plates or permit.
• When you use the license plates or parking permit for people with disabilities, you are NOT exempt from parking regulations or fees.

DMV Call Center telephone numbers