Handicap Grid in a Private Lot with a Motorcycle

[Emersoni]

I recently went to work on a sunday. I parked my motorcycle at the far end of the handicap grid thinking the lot was would remain empty all day as it is sunday and no one comes in. If this is a "privately owned and maintained offstreet parking facility" can I still be ticketed $330? Section d. of 22507.8 says that subdivision a, b, and c can apply to privately owned and maintained offstreet parking. I may be interpreting it wrong but does that mean I was unjustly ticketed?

Taken from another post
Quote:
22507.8. (a) It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans pursuant to Section 22511.7 or 22511.8, unless the vehicle displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.

(b) It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in subdivision (a).

(c) It is unlawful for any person to park or leave standing any vehicle, including a vehicle displaying a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59, in either of the following places:

(1) On the lines marking the boundaries of a parking stall or space designated for disabled persons or disabled veterans.

(2) In any area of the pavement adjacent to a parking stall or space designated for disabled persons or disabled veterans that is marked by crosshatched lines and is thereby designated, pursuant to any local ordinance, for the loading and unloading of vehicles parked in the stall or space.

(d) Subdivisions (a), (b), and (c) apply to all offstreet parking facilities owned or operated by the state, and to all offstreet parking facilities owned or operated by a local authority. Subdivisions (a), (b), and (c) also apply to any privately owned and maintained offstreet parking facility.

[jk]

If this is the statute for your state, which you have not provided nor have you provided what state the statute is from, it would seem your ticket is justified.

It says nothing about "can" it states:

Subdivisions (a), (b), and (c) also apply

I would presume the lot you were in is privatley owned and maintained which would make the statute applicable.

Where and how do you read it that it may not apply to your situation?

[cdwjava]

What is the nature o fthe property? Was the accompnaying handicapped space marked by a sign AND ground or curb markings?

If this lot is generally publicly accessable and available for retail use, then the citation is likely valid. If this is a lot operated for a private office or someplace where access is restricted by signs (trespassing, etc.) then a reasonable argument might be made that it is NOT an offstreet parking facility.

- Carl

[Emersoni]

Thanks for the insight. I did forget to mention I am in California and I got the qoute from another listing here regarding handicap parking.
The spotis painted for handicap but the is no painted curb.
The business is mostly offices but some provide services incoming clientele.
However on the weekend they are all closed.

[cdwjava]

CVC 12500(c):

..."offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.

It is possible that your lot does not fall under that section.

However, if the lot is properly signed pursuant to CVC 2251.8(e):

If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (b) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.

Then you can still be cited.

Take pictures of the entrances, and of the stall area itself and then challenge the cite if you wish. You really have nothing to lose by challenging it.

- Carl

- Carl