What Constitutes a Legal Handicap Parking Space
My question involves a traffic citation from the state of: NJ
Yesterday I parked in a space with barely visible blue lines there was No R7-8 signage. However on the side of the building there was a space that did have the sign again the blue lines are nearly invisible as they are worn out. I is my understanding of New Jersey Administrative Code § 5:23-7.10. Accessible parking that a Legal Handicap Parking space SHALL have a R7-8 signage. Therefore my conclusion is that the space I parked in with No R7-8 signage and barely visible blue lines is not Legal Handicap space. Am I correct?
John
Re: What Constitutes a Legal Handicap Parking Space
Should we to infer that you received a ticket for parking in that handicapped spot, and you now wish to contest the ticket? What statute or ordinance is cited on the ticket? If it's NJSA 39:4-197, which applies when there's a local ordinance or resolution defining a restricted parking space, what local jurisdiction is involved?
I do agree with you that under the regulation there should be an international symbol of accessibility. A failure to post penalty information, however, would not be a defense.
Quote:
Quoting NJSA 39:4-198. Notice of ordinance, resolution or regulation by signs.
No ordinance, resolution or regulation enacted, passed, or adopted by local authorities nor any regulation adopted by the Commissioner of Transportation under any power given by this chapter or any supplement thereto shall be effective unless due notice thereof is given to the public by placing a sign at the places where the ordinance, resolution or regulation is effective, and by briefing its provisions on signs according to specifications contained in this chapter or as specified by the current Manual on Uniform Traffic Control Devices for streets and highways. These signs shall be so placed as to be easily read by pedestrians or operators of vehicles. Except, in the case of "No Passing" zones, in lieu of or in addition to signs, notice shall be given to the public by highway pavement markings which conform to the current Manual on Uniform Traffic Control Devices for streets and highways.
In addition to the specifications in the Manual on Uniform Traffic Control Devices, any sign erected after the effective date of this amendatory and supplementary act to notify the public that parking in a space is reserved for the handicapped shall also state the penalties set forth in paragraph c. of subsection (3) of R.S.39:4-197 which may be imposed for a violation. Signs which were erected prior to the effective date shall be modified within 12 months after the effective date to include the penalty information.
It shall not be a defense to the unauthorized use of a parking space reserved for the handicapped pursuant to R.S.39:4-138 that the penalties set forth in paragraph c. of subsection (3) of R.S.39:4-197 were not posted or were improperly posted.