Is this legal?

"zeontestpilot" (zeontestpilot) 04/13/2015 at 14:48 • Filed to: Question

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In front of my car, is a handicap spot. My question is, would I legally get in trouble if I parked there? I know it's a jerk thing to do, but There's no sign, the lines are heavily faded, and I almost parked there by accident. If I did do it on accident, would I get ticketed?

Sam > zeontestpilot 04/13/2015 at 14:52

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Probably. We once got a ticket for parking in a spot with lines like that IN THE SNOW. The officer knew exactly which spots were handicap vs. not handicap so I have a feeling it was a stunt he pulled before.

zeontestpilot > Sam 04/13/2015 at 14:55

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That's cruel and unusual.

Shamoononon drives like a farmer > zeontestpilot 04/13/2015 at 14:59

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I have received a ticket for that before. I went to city hall and argued the spot wasn't marked correctly (even though it sort of was). They ended up agreeing that it wasn't properly marked (even though it was still rather obvious) and instead of giving me the ticket they had all the spots re-painted. So, you probably will get a ticket but you can also argue your way out of it.

$kaycog > zeontestpilot 04/13/2015 at 15:03

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I wouldn't chance it.

MegaSuper > zeontestpilot 04/13/2015 at 15:03

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Disclaimer: I am not a lawyer. This does not constitute legal advice. Etc.

1) Some cities have parking rules which state that if a spot's distinctive markings are so faded that you cannot reasonably determine if it's a restricted parking spot, then the ticket may be contestable. I've seen people parking on red-and-grey speckled curbs , which clearly used to be red fire zones, but are so faded they become "contestable." Didn't see a ticket on the windshield or anything. I'm not sure how this applies to parking LOTS though, rather than on-the-curb parking.

2) In some regions, is it not true that a handicap spot must have the white diagonal cross-hatched "no parking" zone next to it, so that handicapped-modified vans with ramps can offload its passengers? Maybe that spot in your picture no longer meets the legal standards for a handicapped spot, and hence the city council let it fade?

jariten1781 > zeontestpilot 04/13/2015 at 15:04

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Don't park there if it's still a handicapped spot.

Ticket? Unlikely, unless you live in a place with full time parking enforcement/metermaids the mixed-use police don't go prowling for handicapped violators unless there's complaints. Legally? You could make the argument that the signage was poor if you got a ticket; I'd give you a 20% chance of getting out of it. If you're really going to try that you'd need to park over the lines otherwise the court'll just say "Well, you saw the rest of the lines fine therefore you should have seen the handicapped marking".

Also, don't park there.

Focus503 > zeontestpilot 04/13/2015 at 15:59

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I once parked in a spot that had previously been a disabled parking space, but they moved it, took down the signs, re-striped the auxilliary space, and blasted off the wheelchair.

Didn't stop a cop from giving me a ticket for it though. I had to drive 8 hrs round trip back from school to fight it, bastard didn't even show up for court.

zeontestpilot > Focus503 04/13/2015 at 16:08

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Cops are weird. Some believe they are above the law, and I don't believe that. They need to operate by the same rules as the rest of us. Of course, if I do see a cop that's, let's say going the speed limit, I have a deep respect for the guy.

zeontestpilot > MegaSuper 04/13/2015 at 16:09

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It was 5 or 6 spots marked for handicapped, none with signs.

zeontestpilot > jariten1781 04/13/2015 at 16:11

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It's down the street from my previous post of the cops getting the average speed. And I found out they did make it into a speed trap.

zeontestpilot > Shamoononon drives like a farmer 04/13/2015 at 16:12

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That was my line of thought, bring it to someone's attention so it can be repainted. But I don't have enough time for court and such.

Porsche924GTR > zeontestpilot 04/13/2015 at 16:14

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Why don't you suggest to the owner of the lot to either get them repainted correctly or re-paint them with yellow stripes My guess is they go empty unnecessarily.

Focus503 > zeontestpilot 04/13/2015 at 16:15

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At the time I figured that it had been a handicapped spot for so long (I'm from a smallish town) that it was probably a mistake on the officer's part. The spot was likely only open when I drove up to it because everyone else thought the same thing. Calling him bastard is probably too strong, and reflects my irritation at being forced to drive back to town.

zeontestpilot > Porsche924GTR 04/13/2015 at 17:09

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I could of, but it was an office building. I think maybe owned by the hospital next door? Not sure though.