Handicapped Parking Violation in New Jersey

[slaffka]

My question involves a traffic citation from the state of: New Jersey.

I received a violation for parking on a handicapped spot in Cliffside Park, NJ. I parked in front of the handicapped parking sign, properly installed. The parking was next to the sidewalk on the street.

The pavement did not have any markings though. According to the NJ parking guide, the markings should be there. http://www.state.nj.us/mvc/pdf/Vehicles/DDS-guide.pdf - see QA on the last page.

My question: is there a sufficient ground of pleading not guilty, or I should plead guilty since I indeed failed to look at the sign properly and mention that there were no makrings on the pavement?

[jk]

where did you see that stripes or painting was required? What I saw which was on page 3 was in answer to the question:

HOW ARE HANDICAPPED PARKING
SPACES IDENTIFIED?

the answer was:

Handicapped parking spaces are identified with this sign bearing
the International Symbol of Accessibility.

so, where did you see that stripes should (and I must note that in law, must or shall is the term used to require something, should or may simply suggests it) be present as well?

the situation you refer to is obviously in reference to off street parking.

[slaffka]

Hi jk,

See page 5:

"Q: Can the handicapped parking spaces
be the same size as the other, nonhandicapped
spaces, as long as the
appropriate signs are placed in front
of the space?

A: No. The New Jersey Barrier Free
Subcode and the Americans with
Disabilities Act require handicapped
parking spaces to be at least 8 feet
wide, with adjacent striped access
aisles at least 5 feet wide. At least one
handicapped parking space in each
parking lot, and one in every eight accessible spaces, must be
van-accessible with an access aisle at least 8 feet wide. The
parking spaces and access aisles must be painted in a color
(most often blue) contrasting with other spaces. Signage with
the International Symbol of Accessibility and the Penalty Sign
MUST be provided at each handicapped parking space and must
be permanently installed 5 to 7 feet above the ground."



Also I have pictures of the spot showing that there are no markings whatsoever on the pavement.

[Mr. Knowitall]

I see the following in the administrative code:

(a) Accessible parking spaces shall be the closest parking spaces provided and those spaces shall be on the shortest route, which shall be an accessible route, to an accessible entrance.

1. For buildings with multiple accessible entrances, accessible parking spaces shall be dispersed and shall be located near each accessible entrance.

2. For every eight accessible parking spaces, or fraction thereof, at least one shall be a van accessible parking space.

3. Each accessible parking space shall be marked with an R7-8 sign from the Manual of Uniform Traffic Control Devices and shall display the international symbol of accessibility. Beneath the R7-8 sign, each accessible parking space shall also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198, containing the following language:

PENALTY
$ 250 FIRST OFFENSE
SUBSEQUENT OFFENSES
$ 250 MINIMUM AND/OR
UP TO 90 DAYS COMMUNITY SERVICE
TOW AWAY ZONE

i. The bottom of the R7-8 sign shall be mounted approximately 60 inches above the parking lot or sidewalk surface when the sign is parallel to the sidewalk and approximately 72 inches above the parking lot or sidewalk when the sign is perpendicular to the sidewalk.

ii. The R7-8 sign shall be centered and mounted at the head of each parking space.

4. Where parking is provided within or beneath a building, accessible parking spaces shall also be provided within or beneath the building.

i. In multi-level parking structures, van accessible parking spaces may be clustered on one level.

(b) Parking facilities that do not serve a particular building shall contain accessible parking and the accessible parking spaces shall be located on the shortest accessible route to an accessible entrance to the parking facility.

(c) Except as provided at (d) and (e) below, the required number of accessible parking spaces shall comply with the following table:

Total Parking Spaces - Required Accessible Parking Spaces
1-25 - 1
26-50 - 2
51-75 - 3
76-100 - 4
101-150 - 5
151-200 - 6
201-300 - 7
301-400 - 8
401-500 - 9
501-1,000 - Two percent of total
1,001+ - 20 plus 1 for each 100 over 1,000

(d) For buildings of Group R-2, R-3, R-4, or R-5 that contain adaptable or accessible dwelling units, two percent of the parking spaces serving the units shall be accessible.

1. Where additional parking spaces or parking lots are provided for visitors, the number of required accessible parking spaces shall comply with the table at (c) above.

(e) For medical outpatient facilities, 10 percent of the parking spaces shall be accessible.

1. Exception: For medical facilities that specialize in the treatment of or services for people with mobility impairments, 20 percent of the parking spaces shall be accessible.

The width specifications thus appear to come from the ADA. The Americans with Disabilities Act Accessibility Guidelines do not set striping standards or requirements, nor does NJSA 52:32-12, so I've yet to find a mandate that an access aisle be striped.

Whatever we can or cannot find, it's possible that a parking referee will go with what's in the guide you found.

[jk]

Also I have pictures of the spot showing that there are no markings whatsoever on the pavement.

and as I said, that is speaking of an off street parking space. Think about it for a minute:

The New Jersey Barrier Free
Subcode and the Americans with
Disabilities Act require handicapped
parking spaces to be at least 8 feet
wide, with adjacent striped access
aisles at least 5 feet wide.

are you suggesting that 5 feet onto the sidewalk and 5 feet into the street be striped? Obviously that section is not applicable to on street parking.

the only thing I have seen required in any state is the curb be painted blue. That is not even a common requirement from what I have seen. I have never seen side aisle striping for on street parking used or required because there is no side aisles; you have the sidewalk and the street adjacent to the parking space so there would be no need to reserve side aisles.

[slaffka]

Thank you, everybody!

From what I understand, there is no compelling reason for me to plead not guilty. I would not want any of my arguments sound like "lame excuses".

Thanks again for your help.