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  1. #1
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Exclamation Disputing Handicapped Parking Violation

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

    I work for a group home for persons with physical and intellectual disabilities. Each separate home in our company has a personal vehicle with a handicapped placard.

    On this day, I transported a client from the home to church, then to Wal-Mart for grocery shopping. When we came out, there was a $100.00 handicapped parking violation ticket on our window. I looked in the van (A very large rear loading wheelchair accessible van) for our placard...and realized it was not in there. (keep in mind it is ALWAYS in there...and usually right on the rear view window)

    I mention what type of vehicle because our company has to deal EVERYDAY with all the handicapped spots being taken up (amazing how there are 20 handicapped spots taken...and no on in Wal-Mart actually handicapped) and having to drive around and around to get one. I have NEVER seen a ticket on any of these vehicles...so why an officer would single out an obvious handicapped vehicle and write them a ticket is beyond me. Running the plates would have gone back to a group home. Sure...he doesn't have to waste time going into Wal-Mart to have the owner of this vehicle paged...but he sure as heck didn't have to automatically write a ticket for a person driving a wheelchair accessible van. Did he think a teenager was cruising in grandpa's vehicle? How about checking up on the mustang convertible that cut me off last month to get the handicapped spot before me...and had three teen boys get out, laugh at me, and walk inside??? They had a placard in the car...sure...but it OBVIOUSLY wasn't theirs!

    I notified our company upon returning home (I found the placard at the home btw) of the infraction. I then went online and disputed the ticket...giving specifics such as I was transporting a client, the vehicle belongs to a group home (Mosaic) and our placard #.

    Three weeks later I received a notice that the ticket was NOT waived, but was lessened to $25 because I was still in violation of not having it in the vehicle in plain sight. I gave this information and all my handling, copies, etc. to my supervisor.

    Yesterday, I received the paperwork back from my company stating I would have to pay this ticket??? How is this fair???

    Before you make a determination of fairness...please see below for details of situation...also, I would appreciate (all fairness aside) letting me know if I am legally liable for this ticket...or if the company is.

    1. I was working (on the clock) and was transporting a client who lived in the home that the vehicle belonged to.
    2. I legally parked in the handicapped spot. (aside from no placard of course)
    3. I did not remove this placard from the van (Later found out it was another employee who removed it when the van was going into the shop that week...and did not return it. We do not need to remove this for any reason...it could have been placed in glove box)
    4. I did not even notice the placard was not in there. With a group home...there is a lot going on. We have four clients who live in this home...my concern is for their safety...it would be nice to notice little things like this...but not always possible.
    5. I checked our receipts...one for a client not with us who needed something, one for the client that was with me and one for the household shopping. (everything is paid for separately) The time of checkout on the last receipt was approximately THREE minutes before the time the officer wrote the ticket. We were parked in front of the doors. He had to have written that and then rushed out of the parking lot...because we were parked right in front and came right out. I noticed the ticket immediately..and first thing I did was look in the lot for him and he was already gone!
    6. I gave all this information, including our van log that tracks mileage, gas, destination, etc....copies of receipts with clients cc#'s...etc for review and still have this ticket for $25.00.
    7. My company is aware that it was not me who removed the placard from the vehicle...they actually know which employee it was. I am a one year employee, she is a 15 year...I recently requested a transfer because of this specific employee...and all the problems I have had with her for the past year. I was transferred to a home a week ago on the other side of town. This ticket was returned to me by the old supervisor...yesterday.

    If they are to insist the employee has to pay for it...wouldn't you think they would AT LEAST have the employee who removed the placard pay half...and the other employee who did not notice it was not in the vehicle and parked in the handicapped spot without...pay the other half? Personally, I think that because this was not gross negligence on anyone's part..the company should eat this. I feel like I am being punished because I had requested this transfer...

    What do you think?? I really need an outside....and legal...opinion on this. I know its only $25...but I am standing on principle.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Disputing Handicapped Parking Violation

    I think it is reasonable for the company to hold you to the standard of properly pre-checking the vehicle for safety and legal compliance and requiring you to pay for your failure to do so. In the real world, all operators of commercial vehicles are held to that standard.

  3. #3
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Default Re: Disputing Handicapped Parking Violation

    Additional Citation Info:

    HANDICAPPED Parking
    SECTION 114-616
    FINE: $100.00

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Disputing Handicapped Parking Violation

    It was your responsibility to ensure the placard is there. Many companies make their employees pay for tickets they receive on the clock if it's the employee's fault and not the company's.

    Life ain't fair. Pay the $25 and if it bothers you so much, find a new job.

    Working in the health care field, you should be aware of the fact that not all handicaps are readily visible/identifiable. If they have a placard on their vehicle, they are legal regardless of what you think. Do people abuse the system? Sure but that has no bearing on your case.

  5. #5
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Default Re: Disputing Handicapped Parking Violation

    I am fully aware not all handicaps are visible....and I specifically chose this field in working with persons with disabilities because I care about them...so my comment was not about persons who have "non-visible" disabilities. My comment was directed to the morons who park in handicapped...such as the 3 idiot teenagers in the mustang...illegally using grandpa's placard...and no one does anything about that.

    My direct question was whether or not they could legally hold me liable. It was not anything I specifically did to allow this to happen...such as speeding or parking in a red zone. Sure, you can argue it was ultimately my responsibility to make sure it was in there...but it was another employee who actually took it OUT of the vehicle...when she was not supposed to. So...the question lies...who is literally responsible? I would say the employee who took it out of the vehicle...how would all the blame fall on me?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disputing Handicapped Parking Violation

    You failed to follow the law, albeit inadvertently, and you got the parking ticket. The fact that it was your employer's vehicle (or a friend's, or a rental car, or your mom's) doesn't affect the fact that the ticket resulted from your conduct.

    You are free to tell your employer that you won't pay the ticket, and they are free to tell you to find another job.

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

    Default Re: Disputing Handicapped Parking Violation

    You may still have a defense .. if the spot is not posted properly then your omission of the placard is not relevant. The spot reverts back to old definition of being a "good parking spot" !

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Disputing Handicapped Parking Violation

    maher2229;597125]I am fully aware not all handicaps are visible....and I specifically chose this field in working with persons with disabilities because I care about them...so my comment was not about persons who have "non-visible" disabilities. My comment was directed to the morons who park in handicapped...such as the 3 idiot teenagers in the mustang...illegally using grandpa's placard...and no one does anything about that.
    but you did mention the 20 spaces at Walmart being occupied and no handicapped people inside. How would you recognize them? Do they brand an H on their foreheads?

    Understand the comment now?



    My direct question was whether or not they could legally hold me liable.
    Yes. As a driver you are liable to ensure the laws are followed and are liable if they are not.

    It was not anything I specifically did to allow this to happen
    actually, it was. You allowed yourself to park in a HC space without displaying the proper placard or plate.

    Sure, you can argue it was ultimately my responsibility to make sure it was in there...but it was another employee who actually took it OUT of the vehicle
    but you did not make sure there was one. That makes it your fault. Using your argument, if the windshield was broken when another person was driving the vehicle to the point of it being a ticketable offense, you would be immune to a ticket even when you drive the vehicle because you didn't cause it. does that make sense?


    I would say the employee who took it out of the vehicle...how would all the blame fall on me?
    because when you operate a vehicle, as the driver, it is your responsibility to ensure you are in compliance with all laws. That means if you do not have insurance, you are liable. If the tires are bald, it is your responsibility. If the vehicle is illegal to operate as it is, then you must refuse to operate it until the liable party repairs it.

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