Parked in a Handicap Spot

[ErynSMA]

What is the name of your state? New York

Hi,

Okay, so here's the deal: I went to run into a store today and came out only to realize I had parked in a handicapped spot (It was extremely hard to tell and my grandmother is handicapped, I never would have parked there had I realized it was a designated spot. However, I did do it, whether I meant to or not).

The only way it was marked was with some faded paint on the spot painted with both blue and yellow, hence why I didn't see it when I pulled in. There was no sign in front of it, and it is separated by 4 other handicapped spots by at least 3 regular spaces, well away from the door of either business located in the plaza.

I was pulled over by a state trooper when exiting the plaza (kinda thought he was waiting for me to pull out when I realized what I'd done and that he was sitting there- I was right).

I was cited for violating traffic law 1203 B.

According to NYS traffic law though:

[url]http://law.onecle.com/new-york/vehicle-and-traffic/VAT01203-C_1203-C.html[/url]

§ 1203-c. Off street parking spaces for the handicapped. 1. Any
person, firm or corporation owning a shopping center or facility with at
least five separate retail stores and at least twenty off street parking
spaces which are provided for use by the shopping public must designate
as only for the handicapped and clearly mark for use by the handicapped
a minimum of five percent of such parking spaces or ten such spaces
whichever is less. These spaces must be located as close as reasonably
practicable to the shopping center facility and reasonably distributed
so as to provide convenient access for use by handicapped drivers. Such
parking spaces are to be used either by handicapped drivers displaying a
special municipal parking permit (as defined in section twelve hundred
three-a of this chapter and distributed by the commissioner of motor
vehicles to local governing bodies to be issued to handicapped persons
who reside in such locality) or by motor vehicles registered in
accordance with section four hundred four-a of this chapter and being
used for the transportation of a handicapped person.
2. (a) The parking spaces designated pursuant to the provisions of
this section shall be clearly identified for use by handicapped persons
which designation shall include conspicuous and permanently installed
above grade signs which display the international symbol of access and
which shall be positioned from the parking space surface at a height of
not less than five feet nor more than seven feet and may include the use
of blue painted lines or markings. Such parking spaces also may be
marked as tow-away zones.
(b) Whenever a person, firm or corporation creates an off-street
parking lot, or repaves or repaints more than one-half of the total
number of parking spaces in an off-street parking lot which contains
designated handicapped parking spaces, or creates designated handicapped
parking spaces in an off-street parking lot, or repaves or repaints more
than one-half of the total number of designated handicapped parking
spaces in an off-street parking lot, specifications as to the size of
designated handicapped parking spaces and designated handicapped parking
space access aisles shall be in accordance with the requirements of the
New York state uniform fire prevention and building code.
3. A violation of this section by any person, firm or corporation
owning a shopping center or facility with at least five separate retail
stores and at least twenty off street parking spaces which are provided
for use by the shopping public who fails to provide spaces only for the
handicapped and clearly marked for use by the handicapped in accordance
with this section, shall be punishable by a fine up to two hundred fifty
dollars.
4. Except as otherwise provided by local law which imposes a larger
maximum fine, any person who stops, stands or parks in spaces clearly
marked for use by the handicapped in accordance with this section,
without a special vehicle identification parking permit, a special
municipal parking permit or whose motor vehicle is not registered in
accordance with section four hundred four-a of this chapter and being
used for the transportation of a handicapped person; or with such permit
or registration and such person is not the one to whom the permit or
registration was issued or is not transporting the person issued the
permit or registration; or any person who parks in a handicapped parking
access aisle; shall be subject to a fine of not less than fifty dollars
nor more than seventy-five dollars for the first offense and
seventy-five to one hundred fifty dollars for the second offense
occurring within a period of two years within the same municipality. The
arresting or ticketing officer shall issue a summons to violators of
this section. A ticketing officer issuing a summons pursuant to this
section may provide for the removal and storage of a motor vehicle
illegally parked in a handicapped parking space, or a handicapped
parking access aisle.
5. As used in this section, the term "handicapped" shall also include
a "severely disabled person" as defined in section four hundred four-a
of this chapter.
6. Notwithstanding any other state or local law to the contrary, a
state, county or municipal law enforcement officer seeking to enforce
subdivision four of this section, may enter onto the parking lot of any
shopping center or facility as described in subdivision one of this
section or any other parking lot as described in the state fire
prevention and building code, which is required to contain accessible
and designated parking spaces for people with disabilities, regardless
of the existence or absence of any state or local law or rule otherwise
permitting or restricting such access for such law enforcement officer.

I went back and took pictures of the spot to show the deteriorated quality of the paint as well as the lack of a sign.

My questions are as follows:

1) Am I legally responsible for the ticket since there was no sign there?

2) Do I need to bring a printout of the law with me?

and

3) On a somewhat unrelated note, which board would I have to go to in town to encourage them to post adequate signs on the spot? Or would I need to go tot he owner of the plaza? I feel it's both a disservice to the able and disabled for this space to be inadequately marked, handicapped people are deprived of a space when people like me make that mistake, and people like me who don't realize that's it's a designated spot face citations.

Every other handicapped spot in the lot is adequately marked except that one, and it's location away from all the other spots makes this a common mistake- when I told mom about the ticket, she said she's done the same exact thing last night.

Thanks in advance.

[seniorjudge]

When you get to court, plead not guilty and have a trial.

The court will answer all your questions.

[heath_durbin]

I would take a copy of the law, just in case.

I would take the photos, and I would ask the business owner if it is still a VALID parking spot, it sounds like it might have been an old one, and if that is the case, it needs to be painted over with black paint.

I would also try to do a trial by deceleration.

[Ozark_Sophist]

I am not familiar with New York law. I will tell you that Missouri statutes read much the same as the section you quoted. However, in another section, there exists a grandfather clause that states spaces existing before such and such date are considered handicap accessible spaces even if not marked appropriately. The clause is limited--having to do with maintenance, etc. I only bring this up because there may be another section in New York law that covers this situation.

[FlyingRon]

It's worth an attempt to contest the poor marking, but it's not specifically exculpatory. The section you quote isn't what you were charged was. It's a law requiring certain facilities to provide (and mark) spaces.

[ErynSMA]

Hey, I just wanted to say thanks for the advice. I brought the photos and law but didn't end up needing them; when I got there I was so nervous I ended up deciding to plead guilty to not have to go through a trial, and I got a $50 ticket, not ideal outcome but I'm cool with it as it saves me some stress, not to mention I'll miss less work.

On the good side, I talked to the manager of the store in front of where it happened and she told me last week that they're putting up new signs where it happened, as well as repainting the spot!

Just for the record Flying Ron, I was charged with a 1203B, which is in the same section.

Thank you again very much!

[The Occultist]

Originally Posted by heath_durbin

I would take a copy of the law, just in case.

I'm sorry, take a copy of the law? What does that even mean?

[ErynSMA]

Like I ended up printing out the applicable section of the vehicle traffic law and bringing it.

[Curt581]

Originally Posted by The Occultist

I'm sorry, take a copy of the law? What does that even mean?

He printed up the wording of the law and brought to court with him, just in case the court was unaware of the law, or didn't have access to any law books.

It's sort of analogous to taking your car in to a mechanic for repair and bringing a crescent wrench along, just in case the mechanic doesn't have one.