RESOLUTION NO. RS2003-85

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary enabling legislation to allow the Metropolitan Government to designate certain handicapped parking spaces as “van accessible only”.

WHEREAS, the designation and use of parking spaces for disabled drivers is provided for in part 1 of the Disabled Drivers Law of 1975, as amended, and codified by T.C.A §55-21-101, et seq.; and

WHEREAS, the Disabled Drivers Law of 1975, as amended, does not distinguish between classes of disabled drivers or between types of vehicles driven by disabled persons; and

WHEREAS, in 1996 the Tennessee Attorney General opined that no statutory provision exists that would allow for a distinction between spaces for the exclusive use of vans, as opposed to those spaces for use by disabled drivers of other types of motor vehicles; and

WHEREAS, certain disabled drivers within the area of the Metropolitan Government, due to their particular disability, are confined to a wheelchair and require transportation by van; and

WHEREAS, disabled drivers confined to a wheelchair sometimes have difficulty finding available handicapped parking; and

WHEREAS, it is fitting and proper that the Metropolitan Government be allowed to designate certain handicapped spaces as “van accessible only”.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary enabling legislation to allow the Metropolitan Government to designate certain handicapped parking spaces as “van accessible only”.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Chester Hughes