handicapped parking ticketed and is there a cvc law code for this

[CourtClerk]

thank you. your statement sound exactly like how the dmv personnel said it. she told me that the schools will try to do ticket people. they are twisting the rules. i believe the main rule is that if the person was to park in the blue handicapped location they would need the student permit, but in the meter section there is no need for the permit. the regular handicapped spots are located in a different location of the lot so people dont get it wrong.

You're leaving out the part where it depends on which lot you are parked in... where in the school?

If you are parked anywhere in student parking... you need a pass. This goes for LB State, UCLA, USC... just about all of them.

There is GENERAL parking... where you would not have gotten that ticket. I can almost bet you weren't parked there, but like I said... fight it.

 

[949]

Unless there is a special ordinance in the city you were ticketed in, the California Vehicle Code section 22511.5 says that those with special handicapped plates or placards are allowed to park for unlimited periods in any metered parking space without being required to pay parking meter fees (unless a law or ordinance reserves the space for special types of vehicles). Unless these parking spaces were reserved, then, for only people with student passes, you should not have been ticketed (if I am reading the CMV properly).

these spaces are NOT for special vehicles. they are for the general vistors. NO other signs are present to say otherwise.

this is the general parking area. i was once a student there i know the general parking location vs. student. vs. the daily parking location vs. the teacher staff location. the daily lots looks a lot more different. the students are clearly marked as well as the staff. this is one of a few spots visitors can park.

... but there is a law that says meter should not need an extra student pass. i just didnt know what that code is.

 

[TXPI]

are you an attorney? what do you do for the gov?

Perhaps the username "CourtClerk" provides an insight.

I had a couple of similar experiences to yours last year while I was going to college at Stephen F. Austin State University in Texas. Our rules allow handicapped students to park in any space that isn't specifically reserved (for instance, police or the dean of a college) as long as they have a parking permit or visitor's pass (which is likely the type of pass they tried to tell you you needed). I received two tickets for parking in a faculty space even though legal with my permit and placard. Both times I appealed the ticket to the student court but because my commute was so far and the hearing time inconvenient, I sent a written appeal instead of appearing in person. Both times they totally ignored the rules, which I quoted. I had to pay in order to register for classes and to graduate ($25/ea). On the tickets it said that if you are not a student that you need to take the ticket to the PD to get it dropped.

You mentioned that you have handicapped plates then refer to your placard. In Texas they are totally different. A handicapped person can get two sets of plates or two placards that hang from the mirror (or one of each). Most people, including law enforcement, don't know that Texas law only allows parking in a blue handicapped space if a blue handicapped placard is displayed. Handicapped plates nor red handicapped placards authorize parking in blue spaces. There are blue spaces and red spaces (just as there are blue and red placards), although very few red spaces exist because engineers who design parking lots don't understand the law either.

There is a reason to this madness as there are two types of handicaps, mobility related and non-mobility related. Being paralyzed from the waist down is an example of a mobility related handicap while diabetes might be an example of a non-mobility related handicap (although the disease could manifest symptoms that could impede mobility). Hence there are two types of spaces and two types of placards; however there is only one style of handicapped plate. Because handicapped plates can be obtained for a non-mobility related handicap, plates alone do not authorize parking in blue spaces but are sufficient for red spaces (if there are any). (Actually, there are also white spaces that are non-specific but these are even more rare than red spaces and totally stupid as blue placards can park in any color space anyway.) Another reason for requiring a placard is that the person's initials and first four digits of their driver's license or state ID are printed on the placard and that vehicle must be transporting that person when parking in a restricted space. This allows for insuring placards aren't misused by other persons. Unfortunately this rarely happens and people use other's placards all the time.

You might want to check California law to see if it is similar as Texas' law is based on federal guidelines as far as the color of placards go at least. You may be illegally parking in a handicapped space even though the car you are driving has handicapped plates.

 

[949]

thanks for the heads up in texas. as i do visit texas once in a blue moon.

they do specify the rules on this sheet of paper i got from the dmv. the plates here are just as good as the placard and vice versa. i said placard becuase i am used to just typing it. but on this instance it was the plates that was showing. as for the rules i also got it with the assumption along with the dmv clerk, that we should not be getting tickets in metered areas. but again i dont know the exact cvc code for this.

 

[CdwJava]

If ANYONE is allowed to feed the meter in that lot without a student parking pass, then both violations will be incorrect. if a student pass was required, then a student pass would be required (though the meter would not have to be fed).

After reading all this I am not absolutely clear that the lot was for general public without a pass. It would seem odd to require both a pass AND the meter, but, I have not worked or lived in the area of every college in the state.

- Carl

 

[949]

If ANYONE is allowed to feed the meter in that lot without a student parking pass, then both violations will be incorrect. if a student pass was required, then a student pass would be required (though the meter would not have to be fed).

After reading all this I am not absolutely clear that the lot was for general public without a pass. It would seem odd to require both a pass AND the meter, but, I have not worked or lived in the area of every college in the state.

- Carl

yeah!!! you got it!!! this is why i am questioning it. im not a legal guru by any means. it just doesnt sound right to need to do both things. i can normally pay the meter or buy a day pass but to ask for the day too with a handicap just doesnt sound right. i am just using common sense here. it doesnt take a pie in the face to you nor me to see why this verbal rule that the supervisor is tell me over the phone doesnt seem right!!!!

thank you for reading it correctly!!!

 

[heath_durbin]

Parking At Csulb

Hi, i just got a ticket for the same thing, I have been waiting to get this ticket.

I talked to the people in parking and asked, "If you put money in the meter do you need to have a parking pass too? they said "no."

I said "then i don't need a parking pass for use with the handy cap striker." they said " there is a state rule that all students must pay for parking" they also said "putting money in the meter counts for that"

I'm currently looking for a lawyer to take my cases, I want to sue, not for money, but so they stop taking advantage of the handy cap people parking in the meters.

I don't like that you need a parking pass to park in the handy cap parking, but i can change that. The state has yet to pass a law that handy cap people can park in handicap spots for free on privet property or else where.

When hey do go for them, how ever in the mean time, they have said we don not have to pay for meters. So as long as they don't ticket students or others who put money in the meter with out a parking pass, I'm legally allowed to do the same, park with out a parking pass, and my handy cap sticker (witch is technically paying my meter for me.)

Dose anyone disagree with...

If a non handy cap person parks in the meter without a parking pass, but feeds the meter and dose not get a ticket.

Then I can park in the meter spot with out a pass, and my handy cap striker. (the handy cap sticker is technically paying the meter for me)

 

[Zigner]

Please start your own thread...preferably a COHERENT one...

 

[heath_durbin]

The law is clear in California, they should not have given you a ticket, however if you had wrote a letter saying you are not a student, they claim they would dismiss the tickets for you.


*********************************************

CALIFORNIA CODES
EDUCATION CODE
SECTION 67300-67302


67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended. Nothing in this section prohibits the adoption of
rules and regulations providing greater accessibility for students
with disabilities and persons providing transportation services to
those students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.


(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.

 

[Zigner]

The law is clear in California, they should not have given you a ticket, however if you had wrote a letter saying you are not a student, they claim they would dismiss the tickets for you.


*********************************************

CALIFORNIA CODES
EDUCATION CODE
SECTION 67300-67302

.....

Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended.

As I pointed in YOUR thread, the law IS clear. You must display a school parking permit along with your disabled person placard.

 

[heath_durbin]

Except as otherwise provided in this section

So, you would say the fact that it say...

Except as otherwise provided in this section, Means nothing?


I'm just asking... Thanks.

 

[Zigner]

It doesn't apply to this situation.
Fight the ticket, let us know how it goes for you.

 

[949]

guys the locations of the problem is not on a handicapped parking spot.

the spot is a metered parking spot. there is a CVC code which makes the school adhere to state and federal rules.
federal rules states that any metered parking will not be timed for displayed handicapped vehicles.

the school has a work around which states that if a person parks on a handicapped parking on school grounds then a student pass is needed. this I understand. but a meter does not need both. if someone needed a parking pass then whats the point of the meter?

this is so simple.

let break it down again.

on campus parking needs either:
student pass,
faculty pass,
or
day pass.
the handicap only is needed for close proximity parking in addition to the passes stated.



on campus parking meter needs:
pay meter (length of time stayed),
or
handicapped placard (replaces meter time payment)
CVC 22511.5

here is the confusion most people don't get.
think of it this way.
look at a large circle. inside the large circle is all the parking that requires all sorts of passes needed to be in there.
now pick a spot somewhere in the circle. that spot is now the spot that is where the door to a building is. imagine everyone wants to be at that spot. to help the handicapped people, you will also see some blue handicapped spots there too. since your in the circle you need a pass, but if your on the blue spot you need a pass and a handicapped placard.

now look at the outside rim of the circle. your standing out side the circle near the line but on the outside. here you need to pay for a meter to be near the circle. since your not in the circle you don't need the pass. only to pay for the meter. since your on the outside there is no need for the pass but to be on the rim you need to pay.
the federal government states that you can now have your placard showing and not need to me limited to meter times. this is where people don't seem to understand the differences.


very simple yet not everyone is on board with this knowledge and we let the school parking patrol take over.

I got the first ticket removed after the supervisor tried to scare me into giving up. but I did talk to the DMV clerk and she assured me that they are wrong. why? because its profit driven. nothing more.

I do know of parking patrol guy at another school orange coast college which said that they no longer get to ticket people who park in the handicapped parking spot all together because the person sued the school or something like that. the profit driven methods is not going to beat the federal government.


DO NOT PAY this ticket. when you park in a metered parking and have a valid handicapped placard displayed or a license plate with the handicapped version, you do not need to feed the meter!

 

[Just Blue]

guys the locations of the problem is not on a handicapped parking spot.

the spot is a metered parking spot. there is a CVC code which makes the school adhere to state and federal rules.
federal rules states that any metered parking will not be timed for displayed handicapped vehicles.

the school has a work around which states that if a person parks on a handicapped parking on school grounds then a student pass is needed. this I understand. but a meter does not need both. if someone needed a parking pass then whats the point of the meter?

this is so simple.

let break it down again.

on campus parking needs either:
student pass,
faculty pass,
or
day pass.
the handicap only is needed for close proximity parking in addition to the passes stated.

on campus parking meter needs:
pay meter (length of time stayed),
or
handicapped placard (replaces meter time payment)
CVC 22511.5

very simple yet not everyone is on boards and we let the school parking patrol take over.

I got the first ticket removed after the supervisor tried to scare me into giving up. but I did talk to the DMV clerk and she assured me that they are wrong. why? because its profit driven. nothing more.

I do know of parking patrol guy at another school orange coast college which said that they no longer get to ticket people who park in the handicapped parking spot all together because the person sued the school or something like that. the profit driven methods is not going to beat the federal government.


DO NOT PAY this ticket. when you park in a metered parking and have a valid handicapped placard displayed or a license plate with the handicapped version, you do not need to feed the meter!

Is there a reason that it took you 6 1/2 years to follow up on this?

 

[tranquility]

The university feels:

Disabled Visitors
A valid CSULB parking permit is required at all times while parked on campus. All disabled visitors are asked to visit the Visitor Information Center (VIC) during hours of operation. Upon presentation of the DMV issued Disabled Persons placard or Disabled Person license plate in conjunction with the Disabled Person Placard Identification Card and Driver’s License, the visitor will be given a daily visitor’s permit at no charge The VIC is open Monday through Friday 7 A.M.- 5 P.M. and Saturday and Sunday from 9 A.M.- 2 P.M. Outside of these hours, disabled visitors are required to purchase a permit from the lot dispensers, feed the meters, or pay the Pay by Space locations. (CVC 22511.5) With a displayed valid permit and placard, disabled visitors may park in metered spaces, pay by space locations, general lots and employee spaces.