Verbal permission to park in handicapped space?

[Rumor_Watkins]

@tumbleddown

I have no clue how someone double parks in a driveway, but I do know this: if you’re ticketed for having a car in your driveway that is breaking vehicle codes in some other way, for example, a loud modified muffler or oen of those boom stereos that violates noise codes, you’re still liable for the violation. And in jurisdictions where all vehicles are required to be registered or properly licensed if they’re not in a garage or at a repair facility, you can be ticketed for having an unregistered car sitting out on your property too. There isn’t some magic door at the edge of private property that suddenly makes the law irrelevant.

yes, there is. it’s called the door of the public highway.

“breaking the vehicle code” is contingent on having the vehicle code apply to you, which in many states requires that you be operating a vehicle on public highways. handicapped parking is one of the few exceptions to this rule, and as been noted upthread, sometimes only applies to private property that is open for public use (like mall parking lots) as opposed to purely private property.

or: why do you think that a garage or a repair facility is any different from your driveway when discussing a code-infringing vehicle on private property?

[tumbleddown]

@Rumor_Watkins

handicapped parking is one of the few exceptions to this rule, and as been noted upthread, sometimes only applies to private property that is open for public use (like mall parking lots) as opposed to purely private property.

And in some jurisdictions, the presence of an unregistered/unplated car in sight is another such exception. That’s why my brother’s car is parked in my garage rather than in his driveway.

The end point is that “I’m on private property” isn’t a blanket exemption from obeying the law, whatever the law may be in the location where you are.

[Rumor_Watkins]

@tumbleddown

And in some jurisdictions, the presence of an unregistered/unplated car in sight is another such exception. That’s why my brother’s car is parked in my garage rather than in his driveway.

The end point is that “I’m on private property” isn’t a blanket exemption from obeying the law, whatever the law may be in the location where you are.

cite?

[purplehorseshoe]

Um … if I kill a dude while on my own private property, it still counts as murder, right?
(need answer fast)

[Rumor_Watkins]

tumbledown, in case you happened to catch a bout of pedantitis - as it seems to be going around in this thread - I was asking for a cite that having an unregistered/unplated car on private property is an offense.

I’ll even settle for just the State and I’ll do the legwork.

[Any_Other_Name]

@Rumor_Watkins

tumbledown, in case you happened to catch a bout of pedantitis - as it seems to be going around in this thread - I was asking for a cite that having an unregistered/unplated car on private property is an offense.

I’ll even settle for just the State and I’ll do the legwork.

In New York this appears to be a town code. Makes sense since it applies to property and property is regulated by the town.

Town code

Section 156-39:

A. No person or business entity shall, in any residentially-zoned or residentially-utilized lot or tract of land, whether or not improved by a building structure, cause, suffer, permit, allow and/or maintain more than one (1) junk motor vehicle to be deposited, collected, stored, parked or kept in the open so as to be visible to the general public or outdoors; and no such junk motor vehicle shall be deposited, collected, stored, parked or kept in such manner so as to constitute a nuisance to the general public or a hazard to children.

B. The deposit, storage, parking and/or collection of one (1) junk motor vehicle permitted by this article, and the deposit, storage, parking and/or collection of any antique or classic motor vehicle within such six (6) month period as set forth in this article, shall not occur in the area between the street right-of-way and the front line of the main building structure projected to the side lot lines in any residentially-zoned or residentially-utilized lot or tract of land.

I’ve been told that the one car can be stored in front of the front-line of the main building, if it is covered by a car cover. That makes sense as it is then not visible.

[MeanOldLady]

So I dunno if this hasn’t been addressed in the three and a half years this thread has been alive, or if I just missed it, but someone posted this provision earlier:

(s) In a parking space clearly identified by an official sign as being reserved for use by disabled persons that is on public property or private property available for public use, unless the individual is a disabled person as described in section 19a or unless the individual is parking the vehicle for the benefit of a disabled person.

“Available for public use.” Does it matter if I park in the handicapped space if and the lot has no public access? A lot of work places, some of which I have worked at, have private lots only accessible to employees. In these cases, handicapped parking spaces are available, so as to be in compliance with the ADA, but if the boss says, “Go ahead and park there,” to a pregnant lady, who is she going to be ticketed by, and how are they in violation if the parking lot is not available to the public?

[TravisFromOR]

@MeanOldLady

So I dunno if this hasn’t been addressed in the three and a half years this thread has been alive, or if I just missed it, but someone posted this provision earlier:

“Available for public use.” Does it matter if I park in the handicapped space if and the lot has no public access? A lot of work places, some of which I have worked at, have private lots only accessible to employees. In these cases, handicapped parking spaces are available, so as to be in compliance with the ADA, but if the boss says, “Go ahead and park there,” to a pregnant lady, who is she going to be ticketed by, and how are they in violation if the parking lot is not available to the public?

If there’s an official sign, she could probably be ticketed. Whether or not that would actually happen is another question.

[MeanOldLady]

So it’s still against the law, even if the property is *not *“available for public use”?

[TravisFromOR]

@MeanOldLady

So it’s still against the law, even if the property is *not *“available for public use”?

Employees of a company are considered members of the public in many locations. It’s a gray area.

[MeanOldLady]

Well yes, everyone is a member of the publics, as far as I know, but that doesn’t mean everywhere everyone goes is available for public use. All residents of my apartment are members of the public, but my bathroom sure as hell isn’t available for public use.

[TravisFromOR]

Let’s use my college as an example.

In order to park on campus, you need a campus permit. In order to use the handicapped spots, you still need an official state placard. In the strictest sense, the campus parking lot is not available for public use, but only by university students and employees, yet you still need a state placard to use a handicapped spot.

[Pearson_Flyer]

@MeanOldLady

So I dunno if this hasn’t been addressed in the three and a half years this thread has been alive, or if I just missed it, but someone posted this provision earlier:

“Available for public use.” Does it matter if I park in the handicapped space if and the lot has no public access? A lot of work places, some of which I have worked at, have private lots only accessible to employees. In these cases, handicapped parking spaces are available, so as to be in compliance with the ADA, but if the boss says, “Go ahead and park there,” to a pregnant lady, who is she going to be ticketed by, and how are they in violation if the parking lot is not available to the public?

I think what people previously have posted is pretty clear:

If a handicapped space is signed, it’s official. It doesn’t matter if it’s public property, private property, employee-only, or whatever. You’ve lost the right to park there without proper authority, forevermore, regardless of what anyone says.

If you, as a business owner, no longer feel that you need an accessible spot, or as many accessible spots, you must petition your local government to be able to reclaim it for regular use.

If you sign it, you’re just done.

[MeanOldLady]

Well I’m terribly sorry, but the definition of “available for public use” wasn’t clear to me. I already get that it’s official regardless of whether the property is public or private, but what I was trying to understand was why that phrase is in the provision at all, if it doesn’t matter if the property is available for public use, considering not all property is.