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1 1 (November 10, 2008)

handle is hein.crs/crsajpb0001 and id is 1 raw text is: Order Code RS22697 Updated November 10, 2008 Federal Law on Parking Privileges for Persons with Disabilities Carol Toland Legislative Attorney American Law Division Summary State law generally governs parking privileges for people with disabilities. However, federal regulations offer a uniform system of parking privileges, which includes model definitions and rules regarding license plates and placards, parking and parking space design, and interstate reciprocity. The federal government encourages states to adopt this uniform system. As a result, most states have incorporated at least some aspects of the uniform regulations into their handicapped parking laws. This report describes the federal role in parking privileges law, outlines the uniform system's model rules, and briefly discusses state responses to the model federal rules.' Federal Role Parking privileges for individuals with disabilities is distinct from the subject of physical accessibility of parking spaces or structures. The federal role in ensuring physical parking space accessibility is significant: under the Americans with Disabilities Act (ADA), a broad nondiscrimination statute,2 government entities, private businesses, and others3 must adhere to the ADA Standards for Accessible Design when re-striping existing or building new parking lots.4 The ADA standards mandate specific percentages of van-accessible parking spaces per parking facility and require accessible aisles between certain spaces.' However, the ADA Standards for Accessible Design do not require governments or other entities to reserve accessible parking spaces or issue special license plates or placards for individuals with disabilities; nor does any other ADA regulation 1 This report originally was prepared by Anna Henning, Law Clerk, American Law Division. 2 42 U.S.C. §§ 12101 et. seq. For a discussion of the ADA, see CRS Report 98-921, The Americans with Disabilities Act: Statutory Language and Recent Issues, by Nancy Lee Jones. 3 This requirement applies to public entities and all places of public accommodation as defined under the ADA. See 42 U.S.C. § 12181. 4 28 C.F.R. § 36, app. A (2008). 5 id.