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AB-1413 Vehicles: deaf or hard of hearing persons.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1413:v97#DOCUMENT

Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1413


Introduced by Assembly Member Holden

February 17, 2017


An act to amend Sections 4150, 4453, and 5007 4150 and 4453 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1413, as amended, Holden. Vehicles: deaf or hard of hearing persons.
Existing law requires the owner of a vehicle of a type required to be registered under the Vehicle Code to submit an application for the original or renewal registration of that vehicle to the Department of Motor Vehicles upon the appropriate form furnished by the department, and requires the application to include specified information, including the true, full name of the owner and a description of the vehicle. Existing law also requires the registration card of a vehicle to contain upon its face, among other things, the name and residence or business address or mailing address of the owner and of the legal owner, if any, the registration number assigned to the vehicle, and a description of the vehicle as complete as that required in the application for registration of the vehicle.
This bill would additionally require the registration application to include an option for a deaf or hard of hearing person to include a decal depicting the International Symbol of Access for Hearing Loss referred to in the federal Americans with Disabilities Act Accessibility Guidelines on the registration card for his or her vehicle, and would require the registration card to include the decal if the person opts to include it on the application.

Existing law requires the Department of Motor Vehicles, upon application and without additional fees, to issue a special license plate or plates to a disabled person, disabled veteran, or an organization or agency involved in the transportation of disabled persons or veterans, as specified, in accordance with procedures adopted by the department.

This bill would additionally require the department to issue a special license plate or plates to a deaf or hard of hearing person, as specified, and would require the International Symbol of Access for Hearing Loss to be depicted on each deaf or hard of hearing license plate.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4150 of the Vehicle Code is amended to read:

4150.
 Application for the original or renewal registration of a vehicle of a type that is required to be registered under this code shall be made by the owner to the department upon the appropriate form furnished by the department and shall contain all of the following information:
(a) The true, full name, business or residence and mailing address, and driver’s license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any.
(b) The name of the county in which the owner resides.
(c) A description of the vehicle, including the following data insofar as it may exist:
(1) The make, model, and type of body.
(2) The vehicle identification number or any other identifying number as may be required by the department.
(3) The date first sold by a manufacturer, remanufacturer, or dealer to a consumer.
(d) An option for a deaf or hard of hearing person to include a decal depicting the International Symbol of Access for Hearing Loss referred to in the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations), commonly known as the “ear symbol,” on the registration card for his or her vehicle.
(e) Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration.

SEC. 2.

 Section 4453 of the Vehicle Code is amended to read:

4453.
 (a) The registration card shall contain upon its face, the date issued, the name and residence or business address or mailing address of the owner and of the legal owner, if any, the registration number assigned to the vehicle, and a description of the vehicle as complete as that required in the application for registration of the vehicle.
(b) The following motor vehicles shall be identified as such on the face of the registration card whenever the department is able to ascertain that fact at the time application is made for initial registration or transfer of ownership of the vehicle:
(1) A motor vehicle rebuilt and restored to operation that was previously declared to be a total loss salvage vehicle because the cost of repairs exceeds the retail value of the vehicle.
(2) A motor vehicle rebuilt and restored to operation that was previously reported to be dismantled pursuant to Section 11520.
(3) A motor vehicle previously registered to a law enforcement agency and operated in law enforcement work.
(4) A motor vehicle formerly operated as a taxicab.
(5) A motor vehicle manufactured outside of the United States and not intended by the manufacturer for sale in the United States.
(6) A park trailer, as described in Section 18009.3 of the Health and Safety Code, that when moved upon the highway is required to be moved under a permit pursuant to Section 35780.
(7) A motor vehicle that has been reacquired under circumstances described in subdivision (c) of Section 1793.23 of the Civil Code, a vehicle with out-of-state titling documents reflecting a warranty return, or a vehicle that has been identified by an agency of another state as requiring a warranty return title notation, pursuant to the laws of that state. The notation made on the face of the registration and pursuant to this subdivision shall state “Lemon Law Buyback.”
(c) The registration card for a vehicle owned by a deaf or hard of hearing person shall include a decal depicting the International Symbol of Access for Hearing Loss referred to in the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations), commonly known as the “ear symbol,” if the person opts to include the decal on the application for the original or renewal registration of a vehicle, as specified in Section 4150.
(d) The director may modify the form, arrangement, and information appearing on the face of the registration card and may provide for standardization and abbreviation of fictitious or firm names on the registration card whenever the director finds that the efficiency of the department will be promoted by so doing.

SEC. 3.Section 5007 of the Vehicle Code is amended to read:
5007.

(a)The department shall, upon application and without additional fees, issue a special license plate or plates pursuant to procedures adopted by the department to all of the following:

(1)A disabled person.

(2)A disabled veteran.

(3)An organization or agency involved in the transportation of disabled persons or disabled veterans if the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons.

(4)A deaf or hard of hearing person.

(b)The special license plates issued under subdivision (a) shall run in a regular numerical series that shall include one or more unique two-letter codes reserved for disabled person license plates, disabled veteran license plates, or deaf or hard of hearing license plates. The International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the “wheelchair symbol,” shall be depicted on each disabled person license plate and disabled veteran license plate. The International Symbol of Access for Hearing Loss referred to in the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations), commonly known as the “ear symbol,” shall be depicted on each deaf or hard of hearing license plate.

(c)(1)Except as provided in paragraph (3), prior to issuing a special license plate to a disabled person, disabled veteran, or deaf or hard of hearing person, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the physician and surgeon, or to the extent that it does not cause a reduction in the receipt of federal aid highway funds, by a nurse practitioner, certified nurse midwife, or physician assistant, substantiating the disability, unless the applicant’s disability is readily observable and uncontested. The disability of a person who has lost, or has lost the use of, one or more lower extremities or one hand, for a disabled veteran, or both hands for a disabled person, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor. The blindness of an applicant shall be certified by a licensed physician and surgeon who specializes in diseases of the eye or a licensed optometrist. The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist certifying the qualifying disability shall provide a full description of the illness or disability on the form submitted to the department.

(2)The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist who signs a certificate submitted under this subdivision shall retain information sufficient to substantiate that certificate and, upon request of the department, shall make that information available for inspection by the Medical Board of California or the appropriate regulatory board.

(3)For a disabled veteran, the department shall accept, in lieu of the certificate described in paragraph (1), a certificate from the United States Department of Veterans Affairs that certifies that the applicant is a disabled veteran as described in Section 295.7.

(d)A disabled person, disabled veteran, or deaf or hard of hearing person who is issued a license plate or plates under this section shall, upon request, present to a peace officer, or person authorized to enforce parking laws, ordinances, or regulations, a certification form that substantiates the eligibility of the disabled person or veteran or deaf or hard of hearing person to possess the plate or plates. The certification shall be on a form prescribed by the department and contain the name of the disabled person, disabled veteran, or deaf or hard of hearing person to whom the plate or plates were issued, and the name, address, and telephone number of the medical professional described in subdivision (c) who certified the eligibility of the person or veteran for the plate or plates.

(e)The certification requirements of subdivisions (c) and (d) do not apply to an organization or agency that is issued a special license plate or plates under paragraph (3) of subdivision (a).

(f)The special license plate shall, upon the death of the disabled person, disabled veteran, or deaf or hard of hearing person, be returned to the department within 60 days or upon the expiration of the vehicle registration, whichever occurs first.

(g)When a motor vehicle subject to paragraph (3) of subdivision (a) is sold or transferred, the special license plate or plates issued to an organization or agency under paragraph (3) of subdivision (a) for that motor vehicle shall be immediately returned to the department.