JEFFERSON CITY, Mo. -- While legislation that seeks to crack down on motorists who fraudulently procure or use handicapped parking privileges is a worthy gesture, a local advocate for the rights of the physically disabled doubts the proposal would be adequately enforced.
"If the law has no teeth, the law means nothing," said Miki Gudermuth, the executive director of the SEMO Alliance for Disability Independence.
Several provisions relating to license plates and placards for disabled drivers are included in an omnibus traffic and motor vehicle regulations bill the Missouri Legislature approved last month. Gov. Bob Holden has not yet acted on the measure.
The bill targets able-bodied motorists who, under false pretenses, obtain placards identifying themselves as disabled and those who misuse parking privileges legitimately belonging to another person. Such violations would be class B misdemeanors punishable by up to six months in jail and a $500 fine. Currently, those violations are class C misdemeanors, which carry a maximum 15 days in jail and $300 fine.
State Rep. Gayle Kingery, R-Poplar Bluff, said the tougher penalties should prove a deterrent to physically fit drivers seeking the convenience of close parking. Kingery sits on the House committee that helped craft the bill.
"Those are pretty steep penalties just for parking in handicapped spots," Kingery said.
But Gudermuth wonders if police will seriously pursue such cases.
"Who is going to be sitting there on the edge of each parking lot? Nobody," Gudermuth said.
The measure also would set higher standards for the issuance of plates for the disabled and more clearly spell out in statutes the conditions that must be met before a doctor may certify that a patient is disabled and qualifies for special parking privileges. A doctor who falsely certifies that a person is disabled could be charged with a class B misdemeanor.
The bill also specifies that age alone may not be considered a factor in determining if someone is physically disabled, which means that people could not get placards simply because they are senior citizens.
While existing law requires people declared permanently disabled to provide a doctor's statement only when first obtaining plates, the bill would also force them to do so upon their first renewal and every four years thereafter.
Kingery said he is concerned the changes would make it more difficult for the legitimately disabled to obtain plates.
"I'm not sure this helps people who are handicapped, but it does try to get a handle on those trying to beat the system," Kingery said.
The bill is SB 1233.
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