HANDICAPPED PARKING VIOLATIONS

A Pennsylvania man recently avoided liability for parking in a space reserved for handicapped persons. Initially, the man was fined $200. He did not dispute the fact that he parked in a space in front of a public library posted with the familiar handicapped reserved-parking sign. He also did not dispute that he was not entitled to park there. However, he contested his conviction because the Pennsylvania statute that forbids unauthorized persons to park in handicapped spots requires that the posted sign must state the penalty amount of the fine and must state that vehicles in violation may be towed.

Describing the man's conduct as "reprehensible," the Pennsylvania court nevertheless admitted that it was "constrained" to dismiss the conviction because the statute is clear. The statute indicates that the sign "shall" state the penalty and the possibility of towing. If law enforcement authorities can prove that the spot was previously properly posted and a missing sign was due to be replaced, a conviction may stand. Otherwise, inadequate signage at a handicapped parking spot cannot support a conviction of a violation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2002 by Davis Bennett & Spiess LLC, Attorneys at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.