Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 17.00 - Issuance Of Disability Plates And Placards › Section 17.05 - Misuse of Plate or Placard

Current through Register 1525, July 5, 2024
(1) The use of a
			 disability placard, or the special parking privileges associated with a
			 disability plate, is restricted to the person to whom the placard or plate has
			 been issued. A placard may be used while a vehicle is parked in a designated
			 handicapped space from which the authorized user is entering or exiting,
			 including immediate drop off or pick up. No person shall use a Temporary
			 disability placard after its expiration date.
(2) If, after affording a holder of a plate
			 or placard an opportunity for a hearing, the Registrar determines that the
			 plate or placard has been misused, the Registrar may suspend or revoke the
			 placard or the special parking privileges associated with the plate. Unless the
			 Registrar finds the existence of special mitigating or egregious circumstances,
			 a first offense of misuse of a plate or placard shall result in a 60 day
			 suspension. A subsequent offense of misuse of a plate or placard is grounds for
			 revocation of the plate or placard and disqualification from future issuance of
			 a new disability placard or plate.
(3) A person whose plate or placard is
			 suspended or revoked shall immediately surrender the plate or placard to the
			 Registry. Although any suspension or revocation shall be effective as of the
			 date specified in the notice of suspension or revocation for purposes of
			 prohibiting use of the specialparking privileges associated with the placard or
			 plate, no time shall be credited towards reducing the duration of suspension
			 until the placard or plate has been surrendered to the Registry.
(4) The suspension of the special parking
			 privileges associated with a disability plate shall not prevent the holder from
			 obtaining another registration plate that is not a disability plate for use
			 during the suspension period, provided the holder pays all of the usual fees
			 related to the exchange of registration plates, and the holder is not otherwise
			 ineligible for a certificate of registration.
(5) Any person who wrongfully displays or
			 uses a placard or plate in violation of 540 CMR 17.05(1), shall be subject to a
			 fine of $500 for a first offense, and $1,000 for a second or subsequent offense
			 pursuant to M.G.L. c. 90, § 2. To prevent the improper use of placards and
			 plates, the Registrar shall suspend the operator's license or right to operate
			 of any person found to have violated the provisions of 540 CMR 17.05 relative
			 to the wrongful use or display of a special handicapped plate or parking
			 placard for a period of 30 days for a first offense, for a period of 90 days
			 for a second offense and for a period of one year for a third or subsequent
			 offense. Such suspension shall be in addition to any other penalty, fine
			 suspension, revocation or requirement that may be imposed for such violation
			 including, but not limited to, those applicable under M.G.L. c. 266, §
			 37E. The Registrar may revoke the plate or placard as issued to a person upon a
			 finding that the person to whom the plate or placard was issued willingly and
			 without coercion or duress authorized, permitted or allowed it to be used by
			 another person.