2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-302. Privileges of permitholder -- privilege for disabled veteran -- exemptions from time limits -- requirements for accessible parking spaces

49-4-302. Privileges of permitholder -- privilege for disabled veteran -- exemptions from time limits -- requirements for accessible parking spaces.
(1) The parking permit issued under this part, when displayed, entitles a person to park a motor vehicle in an accessible parking space designated for use by a person with a disability, whether on public property or on private property available for public use, when the person for whom the permit was issued is using the accessible parking space to enter or exit the vehicle.
(2) A vehicle or motorcycle may not stop, stand, or park within an accessible parking space designated for use by a person with a disability as provided in 49-4-304 unless:
(a) (i) the vehicle is lawfully displaying a disability parking permit issued under this part, a distinguishing license plate or placard for a person with a disability that was issued by a foreign jurisdiction conferring parking privileges similar to those conferred in subsection (1), or an inscribed license plate displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332(9); and
(ii) the designated accessible parking space is being used by the person for whom the permit, plate, or placard was issued to enter or exit the vehicle; or
(b) the vehicle is being used to transport a person with a disability and is temporarily stopping, standing, or parking in an accessible parking space designated for use by a person with a disability as provided in 49-4-304 only for the purpose of loading or unloading the person with a disability.
(3) A vehicle or motorcycle may not stop, stand, or park within an access aisle designated for use by a person with a disability as provided in 49-4-304, regardless of whether a vehicle is lawfully displaying a disability parking permit issued under this part, a distinguishing license plate, or a placard for a person with a disability that was issued by a foreign jurisdiction conferring parking privileges similar to those conferred in subsection (1), or an inscribed license plate displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332(9).
(4) Notice of the penalty for violation of this part is not required at the site of an accessible parking space.
(5) The governing body of a city, town, or county may exempt vehicles lawfully displaying a disability parking permit issued under this part and vehicles lawfully displaying inscribed license plates displaying the letters "DV" issued under 61-3-458(4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332(9) and parked in public places along public streets from any time limitation imposed upon parking, except in areas where:
(a) stopping, standing, or parking of all vehicles is prohibited;
(b) only special vehicles may be parked; or
(c) parking is not allowed during specific periods of the day in order to accommodate heavy traffic.
(6) (a) In accordance with subsection (2), the governing body of a city, town, or county or appropriate state agency shall impose all, but not less than all, of the applicable requirements set forth in 28 CFR 36 as of February 10, 2021, with respect to any accessible parking space constructed after September 30, 1985, and reserved for a person with a disability or a permitholder on ways of this state open to the public, as defined in 61-8-101, or in the right-of-way, as defined in 60-1-103.
(b) In addition to requirements imposed under subsection (6)(a), an accessible parking space must be maintained and be free of any obstructions, including but not limited to snow, shipping pallets, and shopping carts. However, no person or business may be cited for violation of this subsection (6)(b) without an initial warning providing a reasonable amount of time to clear an obstruction.
History: En. 53-106.12 by Sec. 1, Ch. 31, L. 1977; R.C.M. 1947, 53-106.12(2); amd. Sec. 2, Ch. 614, L. 1983; amd. Sec. 2, Ch. 71, L. 1985; amd. Sec. 1, Ch. 203, L. 1985; amd. Sec. 1, Ch. 616, L. 1985; amd. Sec. 1, Ch. 187, L. 1987; amd. Sec. 17, Ch. 724, L. 1991; amd. Sec. 1, Ch. 209, L. 1993; amd. Sec. 3, Ch. 406, L. 1993; amd. Sec. 25, Ch. 407, L. 1993; amd. Sec. 2, Ch. 392, L. 1995; amd. Sec. 2, Ch. 489, L. 1995; amd. Sec. 1, Ch. 539, L. 2001; amd. Sec. 8, Ch. 399, L. 2003; amd. Sec. 29, Ch. 596, L. 2005; amd. Sec. 1, Ch. 59, L. 2007; amd. Sec. 1, Ch. 233, L. 2009; amd. Sec. 4, Ch. 390, L. 2021.