540 CMR, § 17.05 - Misuse of Plate or Placard

(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.

Notes

540 CMR, § 17.05