Handicap Parking Texas Laws

sconosciuto81 · Mar 10, 2009

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

Back on 2/5/09 I received a parking violation for parking in a handicap spot. I did not realize that I had parked in a handicap space until I got back to my car and the ticket was already written. I must have missed the fact that it was a handicap space since all the other handicap spaces around it had signs directly in front of them and had the handicap painting on the ground. The sign is actually located 4-5 feet back from where I was parked and I simply didn't see it. Does anyone have any insight on Texas law or where I can find more information.

The below link outlines Texas handicap parking signs/markings. I'm not so sure how this pertains to state/local law at all...
ftp://ftp.dot.state.tx.us/pub/txdot-info/cmd/cserve/standard/traffic/pmap.pdf

This document indicates that "pavement markings are REQUIRED unless stated elsewhere in the plans" which there are none
This document indicates the sign "should have a minimum mounting height of 7ft" which it does not
sign is not a standard State of Texas handicap approved sign?

Is there maybe some sort of guidelines that says the sign must be visible from the driver/passenger side of the car? Would there be local laws specific to the City of Houston that spell out what is required for placement of handicap signage? As you can see from the pictures the space is rather large and you could fit almost 2 vehicles in this space.

http://i575.photobucket.com/albums/ss194/sconosciuto81/ticket1.jpg
http://i575.photobucket.com/albums/ss194/sconosciuto81/ticket2.jpg
http://i575.photobucket.com/albums/ss194/sconosciuto81/ticket3.jpg
http://i575.photobucket.com/albums/ss194/sconosciuto81/ticket4.jpg
http://i575.photobucket.com/albums/ss194/sconosciuto81/ticket5.jpg

I would just pay the fine but its $205! Any ideas much appreciated. Am I just delaying the inevitable, should I just give up and pay the ticket or do I have anything to stand on?

Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Indiana Filer · Mar 10, 2009

sconosciuto81 said:
What is the name of your state (only U.S. law)? Texas

Back on 2/5/09 I received a parking violation for parking in a handicap spot. I did not realize that I had parked in a handicap space until I got back to my car and the ticket was already written. I must have missed the fact that it was a handicap space since all the other handicap spaces around it had signs directly in front of them and had the handicap painting on the ground. The sign is actually located 4-5 feet back from where I was parked and I simply didn't see it.

The sign that applies to the space is very visible in every one of your pictures.

sconosciuto81 · Mar 10, 2009

Indiana Filer said:
The sign that applies to the space is very visible in every one of your pictures.

Thanks for your lovely insight! How did I miss that before? Like most of your posts it sounds like you've never made a mistake...

The sign is not a standard handicap sign and if you look in the photos all the other handicap spaces are clearly marked on the ground with paint...this one is not. My question is regarding state law and proper sign placement not if you can see it.

I'd pay it and be over with it but $205 is a lot of money to give the local government to waste as they see fit.

Ozark_Sophist · Mar 10, 2009

You parked in a parallel van-accessible space that has a sign. I would say those spots were created for the larger (longer) tour vans used by some nursing homes, etc.

On second thought, depending on the location (shopping mall?), those could be the designated passenger loading zones (min. 20 feet long x 8 feet wide with a parallel 20 foot x 5 foot access aisle.

Since it was not marked with a painted symbol of accessibility, you may be able to successfully argue in court. Some states have statutes allowing the continued use of older, non-conforming signs as long as nothing is done to lengthen their life span.

~ADA Specialist

mommyof4 · Mar 10, 2009

I see a handicap parking space that is clearly designated by the appropriate signage.

http://www.license.state.tx.us/ab/tas/abtas4a.htm#4.6

4.6 Parking and Passenger Loading Zones.

4.6.1 Minimum Number. Parking spaces required to be accessible by 4.1 shall comply with 4.6.2 through 4.6.5. Passenger loading zones required to be accessible by 4.1 shall comply with 4.6.5 and 4.6.6.

4.6.2 Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

(1) Parallel parking is discouraged unless it can be situated so that persons entering and exiting vehicles will be out of the flow of traffic. If parallel parking is located on a street, driveway, or any other area where vehicular traffic exists, the space shall be designed and located so that users are out of the flow of traffic (see Figure 9(a)).

4.6.3* Parking Spaces. Accessible parking spaces shall be at least 96 in (2440 mm) wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with 4.3. Two accessible parking spaces may share a common access aisle (see Fig. 9b). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

4.6.4* Signage. Each accessible parking space shall be designated as reserved by a vertically mounted or suspended sign showing the symbol of accessibility (see 4.30.7). Spaces complying with 4.1.2(5)(b) shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility.

(1) Characters and symbols on such signs shall be located 60" (1525 mm) minimum above the ground, floor, or paving surface so they cannot be obscured by a vehicle parked in the space.

(2) Signs located within an accessible route shall comply with 4.4.2.

(3) Characters and symbols on overhead signs shall comply with 4.30.3.4.6.5* Vertical Clearance. Provide minimum vertical clearance of 114 in (2895 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with 4.1.2(5)(b), provide minimum vertical clearance of 98 in (2490 mm) at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).

4.6.6 Passenger Loading Zones. Passenger loading zones shall provide an access aisle at least 60 in (1525 mm) wide and 20 ft (240 in)(6100 mm) long adjacent and parallel to the vehicle pull-up space (see Fig. 10). If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with 4.7 shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

And for your further education:

http://www.license.state.tx.us/ab/tas/abtas4d.htm#4.30.7

In case you had difficulty with your multiplication charts....60" is 5 feet, not 7.

Do you have the plans that were approved? How do you KNOW that the markings are not addressed in the plans?

So, you didn't want to actually walk to Macy's from your car. That's fine. You get to pay a $205 parking fee.

sconosciuto81 · Mar 11, 2009

mommyof4 said:
In case you had difficulty with your multiplication charts....60" is 5 feet, not 7.

Ouch...obviously you did not read the entire thread. I was basing the 7ft off TXDOT standard plans for accessible parking. See general notes, but I'm guessing now the TAS standards probably overrule that.

ftp://ftp.dot.state.tx.us/pub/txdot-info/cmd/cserve/standard/traffic/pmap.pdf

mommyof4 said:
So, you didn't want to actually walk to Macy's from your car. That's fine. You get to pay a $205 parking fee.

Again, read before you flame. I didn't intentionally park in a handicap space. It was the middle of a weekday and the parking lot was empty...non-accessible spaces were actually closer to the door I just didn't see the sign when I pulled up and the other handicap spaces were painted so I thought it was a general parking space. Oh what the hell, flame on if it makes you feel better about yourself!

From now on whenever I see a handicap person parking in a non-handicap accessible space I'm just going to shake my head in disgust. Damn handicap people always taking up my prime parking spaces.

Peace!

VeronicaLodge · Mar 11, 2009

well i've read the entire thread and looked at all the pics you posted. the sign and spot look obvious to me.

oh and before you ask, yes i have made mistakes in my life, but then i say "darn it!" and take the consequences of my mistakes, i dont try to blame other people or get out of it.

cyjeff · Mar 11, 2009

I agree.

I wouldn't take the pictures into court with you to explain why you couldn't see the sign.

Handicap Parking Texas Laws

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