STATE OF NEW YORK ________________________________________________________________________ 5646 2025-2026 Regular Sessions IN ASSEMBLY February 19, 2025 ___________ Introduced by M. of A. ZINERMAN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing persons who transport severely disabled persons to apply for disabled person plates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 404-a of the vehicle and traffic law, as added by 2 chapter 181 of the laws of 1980, subdivision 1 as amended by chapter 596 3 of the laws of 1982, subdivision 2 as amended by chapter 191 of the laws 4 of 1991, subdivision 3 amended by chapter 445 of the laws of 2024, 5 subdivision 4 and paragraph (b) of subdivision 5 as amended by chapter 6 376 of the laws of 2015, subdivision 4-a as added by chapter 686 of the 7 laws of 1994, subdivision 4-b as added by chapter 277 of the laws of 8 2012, subdivisions 5 and 6 as renumbered by chapter 601 of the laws of 9 1987, paragraph (c) of subdivision 5 as amended by chapter 666 of the 10 laws of 1982, and subdivision 7 as added by chapter 332 of the laws of 11 2000, is amended to read as follows: 12 § 404-a. Registration of motor vehicles [of] for severely disabled 13 persons. 1. Legislative intent. It is the sense of the legislature to 14 facilitate the usual and special uses of the highways and other motor 15 vehicle facilities accorded to severely disabled residents of this 16 state. The commissioner is hereby empowered to issue to [such] eligible 17 persons, upon their application, special motor vehicle registrations, 18 [one] and a set of vehicle identification plates for each motor [vehi- 19 cles] vehicle owned by [such persons] an eligible person to be used for 20 the transportation of [such] a severely disabled person [and one set of 21 vehicle identification plates for each motor vehicle owned by such 22 persons and used by a severely disabled member of the owner's family]. 23 1-a. Definitions. For the purposes of this section, the following 24 terms shall have the following meanings: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09040-01-5
A. 5646 2 1 (a) "Severely disabled person" shall mean any person having any one or 2 more of the following impairments, disabilities or conditions which are 3 permanent in nature: 4 (i) Has limited or no use of one or both lower limbs; 5 (ii) Has a neuro-muscular dysfunction which severely limits mobility; 6 (iii) Has a physical or mental impairment or condition which is other 7 than those specified above, but is of such nature as to impose unusual 8 hardship in utilization of public transportation facilities and such 9 condition is certified by a physician, physician assistant or nurse 10 practitioner, to the extent authorized by law and consistent with subdi- 11 vision three of section sixty-nine hundred two of the education law, 12 duly licensed to practice in this state, or, pursuant to subdivision 13 four-a of this section, a podiatrist duly licensed to practice podiatry 14 in this state or, pursuant to subdivision four-b of this section, an 15 optometrist duly licensed to practice optometry in this state, as 16 constituting an equal degree of disability (specifying the particular 17 condition) so as to prevent such person from getting around without 18 great difficulty in accordance with subdivision two of this section; 19 (iv) A blind person; or 20 (v) A deaf person. 21 (b) "Eligible person" shall mean a severely disabled person or any 22 parent, spouse, guardian, caregiver, or any other family member respon- 23 sible for the transportation of a severely disabled person or severely 24 disabled veteran by motor vehicle. 25 2. Registration of vehicles owned by [severely disabled persons] 26 eligible persons. The commissioner shall assign to such motor vehicles, 27 including any van or pick-up truck used for transporting persons with 28 disabilities which is not used for commercial purposes, owned by such 29 eligible persons, a distinctive number and issue and deliver in such 30 manner as the commissioner may select to the owner a certification of 31 registration, in such form as the commissioner shall prescribe and two 32 number plates, called disabled person plates. Said disabled person 33 plates shall conform to the requirements of section four hundred one of 34 this [chapter] article, but shall bear distinctive marks to distinguish 35 them from number plates to be issued to other persons, qualifying under 36 this chapter. The commissioner, [in his] at such commissioner's 37 discretion, may issue, for any registration year, only one plate as a 38 set for a motor vehicle, in which event a set of disabled person plates 39 for a motor vehicle shall consist of one plate. Where [a severely disa- 40 bled] an eligible person owns more than one vehicle and such vehicle or 41 vehicles is or are used by a severely disabled [members of the owner's 42 family who reside with the owner] person, the commissioner shall issue 43 one set of plates for each additional vehicle used by such severely 44 disabled person, provided that such user qualifies as a severely disa- 45 bled person in the manner required by this section. 46 3. Registration of vehicles owned by severely disabled veterans. The 47 commissioner shall assign to such motor vehicles, including any vans or 48 pick-up trucks used for transporting handicapped veterans which are not 49 used for commercial purposes and which are owned by such veterans or a 50 not-for-profit corporation serving such veterans, a distinctive number 51 and issue and deliver in such manner as the commissioner may prescribe 52 to the owner a certification of registration, in such form as the 53 commissioner shall prescribe and two number plates, called disabled 54 veteran plates. Said severely disabled veteran plates shall conform to 55 the requirements of section four hundred one of this article, but shall 56 bear distinctive marks to distinguish them from number plates to be
A. 5646 3 1 issued to other persons, qualifying under this article. The commissioner 2 in [his] such commissioner's discretion, may issue, for any registration 3 year, only one plate as a set for a motor vehicle, in which event a set 4 of severely disabled veteran plates for a motor vehicle shall consist of 5 one plate. Where a severely disabled veteran owns more than one vehicle 6 and such vehicle or vehicles is or are used by [severely disabled 7 members of the owner's family who reside with the owner] or to transport 8 such veteran, the commissioner shall issue one set of plates for each 9 additional vehicle [used by such severely disabled veteran, provided 10 that such user qualifies as a severely disabled veteran in the manner 11 required by this section]. For purposes of this subdivision, the term 12 "severely disabled veteran" shall mean a veteran as defined in section 13 eighty-five of the civil service law, and whose disability qualifies 14 [him] such veteran as a severely disabled person within the meaning of 15 such term as defined in paragraph (a) of subdivision [four] one-a of 16 this section. 17 4. Issue of plates. The commissioner shall issue sets of plates to 18 such eligible person in accordance with subdivision two of this section 19 with proof of such disability [of such person or such members of his or 20 her family] by the severely disabled person being transported certified 21 by a physician, physician assistant or nurse practitioner, to the extent 22 authorized by law and consistent with subdivision three of section six 23 thousand nine hundred two of the education law, or podiatrist pursuant 24 to subdivision four-a of this section or optometrist pursuant to subdi- 25 vision four-b of this section, to the satisfaction of the commissioner 26 who is empowered to carry out the effects of this section by formulating 27 rules and regulations. 28 [For the purposes of this section, a "severely disabled person" shall 29 mean any person having any one or more of the following impairments, 30 disabilities or conditions which are permanent in nature: 31 (a) Has limited or no use of one or both lower limbs; 32 (b) Has a neuro-muscular dysfunction which severely limits mobility; 33 (c) Has a physical or mental impairment or condition which is other 34 than those specified above, but is of such nature as to impose unusual 35 hardship in utilization of public transportation facilities and such 36 condition is certified by a physician, physician assistant or nurse 37 practitioner, to the extent authorized by law and consistent with subdi- 38 vision three of section six thousand nine hundred two of the education 39 law, duly licensed to practice in this state, or, pursuant to subdivi- 40 sion four-a of this section, a podiatrist duly licensed to practice 41 podiatry in this state or, pursuant to subdivision four-b of this 42 section, an optometrist duly licensed to practice optometry in this 43 state, as constituting an equal degree of disability (specifying the 44 particular condition) so as to prevent such person from getting around 45 without great difficulty in accordance with subdivision two of this 46 section; or 47 (d) A blind person.] 48 4-a. Certification of disability by a podiatrist. A podiatrist duly 49 licensed to practice podiatry in this state may certify only those 50 conditions which [he or she] such podiatrist treats in the course of the 51 practice of podiatry, as defined by section seventy hundred one of the 52 education law. 53 4-b. Certification of disability by an optometrist. An optometrist 54 duly licensed to practice optometry in this state may certify only those 55 conditions which [he or she] such optometrist treats in the course of
A. 5646 4 1 the practice of optometry, as defined in section seventy-one hundred one 2 of the education law. 3 5. Application for registration. (a) The application for registration 4 under this section shall be filed with the commissioner of motor vehi- 5 cles in such form and detail as the commissioner shall prescribe, 6 setting forth such information as the commissioner may reasonably 7 prescribe beyond such information required under section four hundred 8 one of this [chapter] article. 9 (b) The commissioner may require the applicant for registration to 10 furnish such proof of [his or her disability or such proof of disability 11 of such members of his or her family] disability for such severely disa- 12 bled person being transported from a physician, physician assistant or 13 nurse practitioner, to the extent authorized by law and consistent with 14 subdivision three of section six thousand nine hundred two of the educa- 15 tion law, or podiatrist pursuant to subdivision four-a of this section 16 or optometrist pursuant to subdivision four-b of this section, as the 17 commissioner deems necessary either for initial registration or renewal 18 thereof; provided, however, that a handicapped or disabled permit issued 19 by a municipality to such applicant pursuant to section twelve hundred 20 three-a of this chapter shall be deemed sufficient proof of disability 21 for purposes of this paragraph. 22 (c) Application under this section shall only apply to a vehicle 23 subject to registration pursuant to subdivision six of section four 24 hundred one of this [chapter] article and to a van or pick-up truck as 25 provided in subdivision two of this section. 26 6. Fee requirements. As provided in section four hundred one of this 27 [chapter] article, the registration and disabled person plates shall be 28 accompanied only by the required fee otherwise required to be paid for 29 vehicle registration. 30 7. Refueling notice. Upon the issuance or renewal of a registration 31 pursuant to this section, the commissioner shall notify the registrant 32 of the availability of full service motor vehicle refueling at self 33 service prices as provided for in section three hundred ninety-six-bb of 34 the general business law. 35 § 2. This act shall take effect on the ninetieth day after it shall 36 have become a law. Effective immediately, the addition, amendment and/or 37 repeal of any rule or regulation necessary for the implementation of 38 this act on its effective date are authorized to be made and completed 39 on or before such date.