(A) A physically disabled person who displays upon a motor vehicle stopped, left standing either attended or unattended, or parked by him or her, or a vehicle under his or her direction and for his or her use, a distinguishing insignia provided for in this section may exercise the stopping, standing or parking privileges provided in this section. The distinguishing insignia shall be displayed on the motor vehicle in the manner prescribed by the Commissioner.
(B) A person desiring to have a distinguishing insignia issued to him or her under this section shall submit to the Commissioner:
(1) An application therefor on a form prescribed and furnished by the Commissioner;
(2) A certificate issued by a person licensed to practice medicine in this state stating that the applicant is physically disabled within the meaning of this section; and
(3) A fee of an amount set by Council from time to time.
(C) Upon receipt of the application, the physician’s certificate and the registration fee if the Commissioner finds that the applicant qualifies for the stopping, standing or parking privileges provided for in this section, the Commissioner may issue to such applicant either, as the case may warrant:
(1) A temporary insignia to be used by persons who are temporarily disabled, such insignia to be valid for such period of time as the aforementioned physician determines the applicant will be disabled; or
(2) A permanent insignia to be used by persons who are certified as permanently disabled by the aforementioned physician.
(D) (1) The two types of insignia shall be identical in size and form while being clearly distinguishable by color and lettering from each other for identification purposes. The Commissioner shall adopt and promulgate rules and regulations in accordance with W.Va. Code Ch. 29a, as needed to administer the provisions of this section.
(2) Free stopping, standing or parking places marked “reserved for disabled persons” shall be designated in close proximity to all state, county and municipal buildings or other public facilities. Such places shall be reserved solely for physically disabled persons during the hours that such buildings are open for business.
(3) In this section PHYSICALLY DISABLED PERSON means any person who has sustained a permanent disability rendering it difficult and burdensome for such person to walk, or any person who is similarly disabled for a temporary period of time.
(1991 Code, § 19-129) Penalty, see § 71.99