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  1. #1
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    Jun 2011
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    Default Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    My question involves a traffic citation from the state of: Texas

    Last month, my wife, along with my four children arrived at the middle school where I have served as a teacher for six years, to pick me up for lunch. I watched her pull up, just about two minutes after I had walked my students to the cafeteria. I then started for the door, and between the time that I left the office where I spotted her outside of the window and exited the doors on the south side of the school building, she had been issued a citation. She was in the designated area no longer than two minutes. I can confirm the two minute duration with a text that I received from her at 12:08 indicating she had arrived and the time on the ticket, 12:10. At no time during that two minute period, did she turn off the engine, leave the vehicle, or even put it in park. My wife told me that when the parking attendant arrived she told her that she was waiting for me, that she would be stopped only temporarily, that I would be out in less than a minute and that she would be glad to move if needed. The parking attendant refused to hear her rationale and handed her a ticket.

    My contention is that my wife did not violate any one of the “offenses” listed under § 681.011 of the Texas Transportation Code and according to the exclusion clause within the definition of “stand” , as she halted “temporarily” for the “receiving” of a passenger.

    The fine was $505. I wrote the city prosecutor and his response was that he was unable to reduce the amount or dismiss the total fine amount of $13. We were relieved, when we received his correspondence. I went to municipal court and they told me that the $13 was a mistake, that we actually owe $505.


    § 681.001. DEFINITIONS. (7) "Stand" or "standing" means to halt an occupied or
    unoccupied vehicle, other than temporarily while receiving or discharging passengers.

  2. #2
    Join Date
    Feb 2010
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    CT & IL
    Posts
    5,273

    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    I think you will lose this one...but you can make the argument...

  3. #3
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    Quote Quoting dan71314
    View Post
    My question involves a traffic citation from the state of: Texas

    Last month, my wife, along with my four children arrived at the middle school where I have served as a teacher for six years, to pick me up for lunch. I watched her pull up, just about two minutes after I had walked my students to the cafeteria. I then started for the door, and between the time that I left the office where I spotted her outside of the window and exited the doors on the south side of the school building, she had been issued a citation. She was in the designated area no longer than two minutes. I can confirm the two minute duration with a text that I received from her at 12:08 indicating she had arrived and the time on the ticket, 12:10. At no time during that two minute period, did she turn off the engine, leave the vehicle, or even put it in park. My wife told me that when the parking attendant arrived she told her that she was waiting for me, that she would be stopped only temporarily, that I would be out in less than a minute and that she would be glad to move if needed. The parking attendant refused to hear her rationale and handed her a ticket.

    My contention is that my wife did not violate any one of the “offenses” listed under § 681.011 of the Texas Transportation Code and according to the exclusion clause within the definition of “stand” , as she halted “temporarily” for the “receiving” of a passenger.

    The fine was $505. I wrote the city prosecutor and his response was that he was unable to reduce the amount or dismiss the total fine amount of $13. We were relieved, when we received his correspondence. I went to municipal court and they told me that the $13 was a mistake, that we actually owe $505.


    § 681.001. DEFINITIONS. (7) "Stand" or "standing" means to halt an occupied or
    unoccupied vehicle, other than temporarily while receiving or discharging passengers.
    By your rendition, she was not receiving or discharging passengers, she was waiting for a passenger to arrive at the parking lot.

  4. #4
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    Would there not be some sort of wait time while discharging or receiving a passenger? I arrived just as the attendant pulled away, within the minute the ticket was issued.

    We have planned to contest the citation, but if we do not have a leg to stand on.......The only thing is that the code classifies the offense as a misdemeanor. What does this mean?

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    Quote Quoting dan71314
    View Post
    The only thing is that the code classifies the offense as a misdemeanor. What does this mean?
    What code is that? What code section is on the citation?

    Quote Quoting dan71314
    View Post
    Would there not be some sort of wait time while discharging or receiving a passenger?
    And see.. We went from "temporarily while receiving or discharging passengers", to "some sort of wait time (2 minutes) while discharging or receiving a passenger", to possibly another driver claiming "some sort of wait time (5 minutes) while discharging or receiving a passenger"... It is much clearer to interpret it as: if the passenger is not there, then you shouldn't be parked in a disabled zone... That way it remains consistent and fair for everyone.

  6. #6
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    Sec. 681.011. OFFENSES; PRESUMPTION. (a) A person commits an offense if:

    (1) the person stands a vehicle on which are displayed license plates issued under Section 504.201 or 504.202 or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by:

    (A) a political subdivision; or

    (B) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f); and

    (2) the standing of the vehicle in that parking space or area is not authorized by Section 681.006, 681.007, or 681.008.

    (b) A person commits an offense if the person stands a vehicle on which license plates issued under Section 504.201 or 504.202 are not displayed and a disabled parking placard is not displayed in a parking space or area designated specifically for individuals with disabilities by:

    (1) a political subdivision; or

    (2) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f).

    (c) A person commits an offense if the person stands a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access aisle or curb ramp.

    (d) A person commits an offense if the person lends a disabled parking placard issued to the person to a person who uses the placard in violation of this section.

    (e) In a prosecution under this section, it is presumed that the registered owner of the motor vehicle is the person who left the vehicle standing at the time and place the offense occurred.

    (f) A political subdivision may provide that this section applies to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Section 681.009(b).

    (g) Except as provided by Subsections (h)-(k), an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $750.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can a Citation Be Issued for Receiving a Passenger in a Disabled Parking Zone

    Did the person who ticketed you ask you to move and you said no?

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