Handicap Parking in Private Lots

[ebosch_95827]

What is the name of your state?What is the name of your state? California

I currently have disabled plates and found out today that I could not park in a handicap space in a private parking lot. Is this correct? (Also, I don't know if the lot is posted as being private. I'll find that out tomorrow.)

[TYRIS]

Originally Posted by ebosch_95827

What is the name of your state?What is the name of your state? California

I currently have disabled plates and found out today that I could not park in a handicap space in a private parking lot. Is this correct? (Also, I don't know if the lot is posted as being private. I'll find that out tomorrow.)

-Who told you that you could not park there? As far as I am aware there are no restrictions on who can park in hanidcap parking as long as you are in fact handicapped and have disabled plates or a placard.

What type of parking lot was it?



Tyris

[CdwJava]

Originally Posted by ebosch_95827

What is the name of your state?What is the name of your state? California

I currently have disabled plates and found out today that I could not park in a handicap space in a private parking lot. Is this correct? (Also, I don't know if the lot is posted as being private. I'll find that out tomorrow.)

Unless the lot is otherwise restricted to you (i.e. it is for employees/residents only), then you can park in the marked handicapped spot.

As Tyris asked: What kind of lot is it?

- Carl

[ebosch_95827]

I was told that it was a private parking lot for Light Rail patrons. I did find out today that it is posted as being for Light Rail. However, I've never heard that because I didn't use light rail that I couldn't park there (and this would be for any other private lots).

Also, a city police officer told me that since it was private property, he could have my car towed.

It was also interesting that if a purchased a light rail ticket I could park there because then I became a light rail patron - whether I rode the train or not was irrelavant. Go figure!

Well, I've since done some investigation on my own and...

1. On DMV's web site, there is nothing that states that I can't park in a private lot.

2. Vehicle Code 22511, which is about handicap parking, does state that private parking must provide handicap parking but it does not say who can or cannot park there.

3. Vehicle Code 22648 discusses private lots and the posting thereof. This was confusing because it does address handicap spaces, but it does not say that if you aren't say a resident or patron or whatever that you can't park there when it comes to handicap spaces.

So, now I'm confused. (I do intend to follow up on this with DMV, the city where I live and the lot exists as well as the local police precinct.)

Any help anyone can provide would be appreciated!

[CdwJava]

There is no CVC 22648 so I can't see what you are writing about in regards to that section.

However, in general, a facility can restrict parking to patrons, tenants, etc. The fact that you have a handicapped placard permits you to park there priovided you are otherwise allowed to park on the site.

Having a handicapped placard does not give you a right to park in a handicapped spot in an apartment complex where you do not reside or are not visiting anyone ... the same holds true for the handicapped spot in a secure parking lot at my city hall.

If the property is adequately marked restricting parking to patrons, then that prerequisite must be met before you park there.

- Carl

[ebosch_95827]

Sorry... I meant CVC 22658 (I washed my hands earlier and then couldn't do a thing with them).

First, thanks for the info.

Second, what constitutes "clearly marked"?

Third, also, I work at a state building that has signs all over the place stating that it is "private/restricted" parking. However, we did have an incident where a person that did not work there - in other words, did not meet the restriction - DID park in handicap. The highway patrol was called out and they said that as long as the person had a valid handicap placard or plate, the person was "legally" parked. What this department did was to remove all handicapped parking (even though it was marked as a "reserved" space and had handicap markings) and made them all simply "reserved". They still had limitted handicap parking, but not like they did before this incident. This remaining handicap parking was considered for anyone, REGARDLESS of it being a private/restriced - and posted as such - parking lot. So... how does this work?

Note: I'm really concerned, confused and really want to know. I've (obviously) been misinformed about my handicap privileges (and they are privileges, even if very necessary - Europe, for example England has no or very little consideration of the handicapped). I really do want to follow the law... but I'd also like to know what it is.

[CdwJava]

CVC 22658 spells out a lot of the issues about signage and the procedures for a private property impound.

CVC 22511.5 describes where people with placards or disabled plates may park (no exception for parking restricted by activity, employment, etc.).

I don't see any exception that permits people to otherwise park where they are not able to be. The placard does not grant the bearer privelege to trespass. Just try and park in a handicapped spot inside the gates at a government building! If you cannot lawfully enter or use the grounds, then you cannot park there.

I can't speak as to what the CHP claimed the issue was in their case, unless they could not ascertain that the person parked there had NOT been accessing services at some point during his visit.

- Carl