Yesterday, I saw a car pull into a no-parking spot right in front of a grocery store. It wasn’t even a handicapped parking spot. They hung a handicapped placard from the mirror. Then then walked into the grocery store with no apparent handicap (and no apparent guilt). Is this legal? (I’m in MA, but this is a general question for any jurisdiction).
If my mother is handicapped, and we go to a movie, and I’m the driver, can I use a handicapped placard? Personally I think I should drop her off at the front door and then find a regular parking spot.
I know in several provinces in Canada, the rules is the handicapped rights can only be used when the person it was issued for (i.e. your mother) is in the vehicle. Obviously, this is difficult to police unless you catch the person doing what you saw, it’s not obvious while the vehicle is just parked there.
the person may be playing the sympathies of mall management; but nowhere does a handicapped sticker give someone the right to ignore parking or traffic laws. How often do malls tow ordinary cars anyway? I find it irritating that ordinary people will park in the fire lane outside the grocery store because they figure they can come and go before a tow truck can be called.
If the person the handicapped placard or plate was assigned to is in the vehicle, park in the handicapped and all occupants may exit the vehicle together. You’re not handicapped, but perhaps your mother would like assistance or an escort. Handicap plates are not a free pass to ignore no parking or fire lanes, and should be treated no differently than a non-handicapped violator. You certainly don’t want to jump to conclusions about the parker having a readily observed disability, since many conditions (breathing, pain, and other disorders may be assisted by not having to walk as far) make it difficult to walk long distances, yet have no easily observed symptoms.
I am more forgiving of someone that parks on yellow stripes (depending on the lot), since many stores here have changed hands many times, and the parking uses have changed even though they didn’t repaint the lot. For instance, an old Wal-Mart with hundreds of spaces goes to a farm store that usually only has eight customer vehicles at one time in the lot, there’s a little more leeway on where people park. As for a fire lane, I park there if I’m going in for a minute, but if and only if I can leave someone to attend the vehicle and I’m not blocking traffic.
No, you cannot park in a no-parking zone just because you have a handicapped placard.
But you can park in a handicapped spot with one, obviously. The placard is for the use of the handicapped person only. If the handicapped person is in the car as either driver or passenger, then okay. If they aren’t, then no.
Not everyone who needs a placard has a visible or noticeable handicap. (Example: Someone who has severe asthma and can walk normally but only for short distances.)
You obviously can’t park in a no parking zone even with a handicapped sticker.
As for the other things, this is how it works in the state of Maryland
You are only allowed to park in the handicapped spot with a permit if you are accompanied by the person to whom the permit is assigned. That person is actually issued a card that they are supposed to keep with them whenever they use the spot. Theoretically an officer could ask for the card and if you failed to produce it fine you for improper parking. In your movie scenario, if you did drop her off I would say you should park in a normal parking spot. But if you accompany your mother to or from the movie theater to your parked car than you can park in a handicapped spot. To give the person the benefit of the doubt it is possible that he had brought the car to the front of the store to pick up an elderly or infirm patron who was still inside.
As far as apparently able bodied people using handicapped spots be careful how you distribute blame. There are of course many people who abuse a handicapped permit, but there are others, such as my wife, who have “hidden disabilities”. She has a fibromyalgia like neuro muscular disability that makes it painful to walk long distances but she does fine over short distances. One time when she had parked in a handicapped spot, and got out of her car with apparent ease, she was accosted by a “do-gooder” who blocked her up against her car and verbally abused her for 10 minutes bringing her to tears and leaving her shaken for the rest of the day. Since then she always makes sure to bring a cane with her whenever she goes out, so as to make her disability more visible, as well as for personal protection.
The stripes that allow someone in a handicap van to offload their wheelchair? :dubious: OK, though once I have the large van with the fold out ramp and you park there I’ll just slam the ramp into your car …
To echo Buck Godot, the law is similar in Kansas. A handicap tag or placard alone is not enough to legally park in a handicap spot. The driver or a passenger must also have a handicap parking permit, which he (or she) is supposed to carry on her (or his) person. Without the permit even an obviously handicapped person could technically be ticketed (although not very likely).
When we go anywhere with my aunt (who has a placard) we use my mother’s car, park in a handicapped spot, and hang the placard up. I have no doubt that my mother, who is basically my aunt’s taxi driver, would not hesitate to use that placard to park in a handicapped spot to retrieve my aunt from a doctor’s visit, etc. And if any do-gooder stopped her, that person would get clobbered. (My mother is already pretty pissed off about being the taxi driver in the first place when there are two other siblings. So that would be the straw that breaks her back.)
I got a placard in the mail recently, but it had someone else’s name on it. I guess I got it by accident. I don’t plan to use it. It had nothing else with it, no paperwork… weird.
And rightly so, because according to the literature that my wife’s grandmother got with her handicapped parking permit parking in the handicap spot to pick up the person with the permit is explicitly allowed.
In the UK a disabled parking badge actually allows you 3 hours parking on double yellow lines, the standard ‘no parking’ road marking, so long as there are no further restrictions in place- so yes, here possession of one can mean you can park in ‘no parking’ zones.
The person the badge has been issued to is named on the badge, and must be either a driver or passenger, same as normal.
At least in Washington State, you also get paperwork with the handicapped placard. A police officer may require you to show this “proof” to the placard.
As to hidden disabilities, my youngest has rights to handicapped parking because she is on the autism spectrum. She has a tendency to bolt off with zero sense of danger. Busy parking lots are dangerous places for her. Also, while it is rare, that occaisional BBQ Pit rant about a child melting down in public might have been about my youngest. At times, I have to just physically pick up a completely out of control 7 year old that’s kicking, screaming, at danger of self harm, could bolt off with dire consequences, etc, and carry her out to the van. Handicapped parking is a godsend for my daughter.
Not every one recognizes the hidden disabilities and I do really try hard to be polite when someone calls me on it while I’m with my daughter. Generally, the people who have been very vocal have had obvious disabilities and the handicapped parking was full - trying to explain that my daughter is entitled while someone is screaming “but you can WALK” is stressful. I totally get their frustration of being shut out because there is no open handicapped parking as I’m in the same boat. We also have to abort trips to wherever if there is no handicapped or a spot within what I call “meltdown” distance.
(Just to be clear, I don’t use the placard without my daughter. I did right at first and rationalized it until this board set me straight. Furthermore, I’d happily park in the worst parking space for the rest of my life if I could trade that for a neurotypical child. I’m *very *grateful that my daughter has this benefit.)
In my jurisdiction there are a couple of factors. I’ll state them as they pop into my head. Some not directly part of the OP’s question but related to the topic.
Store parking lots are private property. No parking zones or fire lanes are not legally enforceable on their own. A separate ordinance must be put in place stating that such statutes are enforceable on the property. In order for the ordinance to be put into law the property owner must agree and want it and the signage must be approved to be up to DOT standards.
One exception to this is handicap parking. In our statutes handicap parking is one of the few motor vehicle laws which can be enforced on private property.
A handicap placard does not give you the right to park anywhere. It allows you to park in a handicap parking spot only.
Handicap parking spaces must be marked in a very specific way with the proper signs. If it is not marked properly the statute can not be enforced.
Blocking people from leaving a handicap space is a bad idea.
Just because the individual doesn’t have any apparent disability to you does not mean they are not entitled to using a disability parking placard. Many disabilities that qualify people to use a disability parking placard do not have any outward appearance to outsiders. The real issue should be is the person using the disability placard using it in accordance with it being issued in the first place. That’s where you will probably find the most abuse.
In California, it’s legit to use the placard in a designated handicapped parking space if the disabled person it’s issued to is in the car (in some cases, the able-bodied driver really couldn’t/shouldn’t leave the disabled passenger unattended as long as it would take to find a regular parking space). “No parking here” rules still apply.
As for the guy you saw, he could have a heart condition, respiratory problems, etc. (you know, “invisible” disabilities).
Or he could be abusing a friend’s/relative’s placard out of selfishness.
One more advantage that I don’t think has been mentioned is that with a handicapped placard or plate you can park in a metered space indefinitely for free. At least in California.
I have and use a handicap placard everyday and I don’t look handicapped in the least. I am disabled due to a broken back, yet I am 6’and 230lbs. I look like nothing is wrong with me and have gotten more than one dirty look or comment getting out or into my car. However, I might walk into Walmart just fine, but barely be able to make it to the car on the way out. You can’t nudge a disability by looking at someone. In addition to back problems there are those with asthma, heart issues, etc…
As I understand it, the common rules for using handicap parking spaces are the ones cited above:
[ul]
[li] Must have a currently valid permit displayed[/li][li] Person to whom permit was issued must be present[/li][/ul]
I recall a story from some time back of a police department that did a weekend-long “audit” of the level of compliance with these rules. The conclusion was that around 20% were in full compliance. The belief that “once the vehicle has a displayable permit, it’s good forever and usable by anyone” is common.