Unmarked + hard to see Handicap Parking-Access Aisle

[dbest91]

What is the name of your state (only U.S. law)? New Hampshire

I recently got a $100 ticket for parking in a 10' handicap access aisle. There was no sign, it was in a handicap lot and on a snowy night in New England I did not notice the diagonally painted lines on the ground.

I've appealed the ticket but response was that it is valid. I'm going to go to court to fight the ticket and at least appeal that they should post a sign there with the amount of the fine. Other lanes and access aisles in the lot have signs and cones to help inform people that they aren't parking spots.

Any other advice?

[moburkes]

Originally Posted by dbest91

What is the name of your state (only U.S. law)? New Hampshire

I recently got a $100 ticket for parking in a 10' handicap access aisle. There was no sign, it was in a handicap lot and on a snowy night in New England I did not notice the diagonally painted lines on the ground.

I've appealed the ticket but response was that it is valid. I'm going to go to court to fight the ticket and at least appeal that they should post a sign there with the amount of the fine. Other lanes and access aisles in the lot have signs and cones to help inform people that they aren't parking spots.

Any other advice?

I'm confused. How did you not know that the space was a handicap space, but knew that it was a handicap lot?

[dbest91]

I thought it was a handicapped spot as I have a walking disability (with permanent state-issued plates). Sorry, should have clarified that initially.

So I thought it was a handicapped spot, only to find out it's an area between two handicapped spots called an Access-Aisle which is apparently reserved for vehicles with lift gates. This is/was the widest access aisle I've seen - I think it's actually wider than a standard spot - hence my confusion. Ordinarily you can't fit a car into an access aisle. The vehicles parked in the adjacent spots did not have lift gates.

There's no signage to indicate that it's an Access Aisle - only the lines on the ground, which weren't well visable - not recently painted, snow, ice, sand + salt on the lot.

The laws indicate that handicapped-reserved parking spots need to be marked with a sign. This seems a grey area as it's not a spot, but it is an area that should not be parked in to assist the handicapped that have the needs of a lift gate. It seems like there should be a sign there in addition to the lines painted on the ground - but I'm not sure if, legally, I have any hope of getting the ticket reduced or waived.

I've driven by the lot on nights when there's an event going on (it's at our local Arena - hockey, concerts), and there's been cars parked in the spot on 2 of my 3 trips. I have pictures of this.

[Ozark_Sophist]

An ADA van accessible access aisle is at least 8 feet wide--the same width of most parking spaces. The paint striping is all the sign that's required. The access aisle is integral to the parking space and does not require it's own sign under ADA or state law. Pay the ticket.

I have friends who utilize lifts. They do not like waiting hours for either a tow truck or a driver to return to their illegally parked car. Don't park in the access aisles.

[dbest91]

I myself have used lifts - that's not the point. If poorly maintained lines that people can't see in the winter are all that is required, then the system will be ineffective. Why require signs for spots and not aisles that are as large, or larger than the spots?

[Zigner]

Originally Posted by dbest91

I myself have used lifts - that's not the point. If poorly maintained lines that people can't see in the winter are all that is required, then the system will be ineffective. Why require signs for spots and not aisles that are as large, or larger than the spots?

Not noticing the lines doesn't mean they weren't visible. In fact, AFTER you got the ticket, you looked and saw the lines.

In the future, look BEFORE you get the ticket

[dbest91]

After moving snow, after finding the ticket I saw the lines, yes. Fire lanes, loading zones, other non-spots are marked with signage and lines. Why install any signs at all? Why is the sign the law for the spots and not for the aisles - if integral to the spots, but clearly separate from the spots? Why not make it easy + clear for everyone? Especially if it's a problem.

Again, I'm not questioning whether/not anyone should park in the aisle. I am questioning why there is no signage requirements. Or if a case could be made that accessibility signage requirements should apply to the aisles.

[patstew]

Originally Posted by dbest91

Again, I'm not questioning whether/not anyone should park in the aisle. I am questioning why there is no signage requirements. Or if a case could be made that accessibility signage requirements should apply to the aisles.

You'd have to petition the legislature for that change.

I'm in New Hampshire, and I know for a fact that anyone who gets an HC permit also gets specific instructions on what's permitted and what's not -- the DMV disability desk gave me a copy of the flyer they distribute to permit holders. It says in underlined bold on the flip side of the page "IT IS ILLEGAL FOR ANYBODY TO PARK WITHIN THE ACCESS AISLE!" It was your responsibility to read these instructions before using your permit.

I can't imagine that the average citizen doesn't know that an unsigned space between two signed HC spaces is an access area.

[dbest91]

Regardless of what anyone thinks, the fact is that at least 3 average citizens that I have photos of parked in this particular spot in the past week. I know my intention was not to park in an access aisle and would like to believe that the others were the same. It does not look like the average access aisle + is obviously not clear to the average citizens using this particular lot.

Again, to my point, this should warrant the posting of a sign. Or, the sign should be placed between the two areas.

[I_Got_Banned]

Originally Posted by dbest91

I'm going to go to court to fight the ticket and at least appeal that they should post a sign there with the amount of the fine.

Why does the amount of the ine make a difference? A violation is a violation. Regardless of the amount of the fine attached to it AND regardless of whether you can afford to pay it or not!

[Zigner]

Originally Posted by dbest91

Regardless of what anyone thinks, the fact is that at least 3 average citizens that I have photos of parked in this particular spot in the past week. I know my intention was not to park in an access aisle and would like to believe that the others were the same. It does not look like the average access aisle + is obviously not clear to the average citizens using this particular lot.

Again, to my point, this should warrant the posting of a sign. Or, the sign should be placed between the two areas.

Sounds to me like that lot needs stepped-up enforcement to prevent people from parking where it is clearly illegal!