Disabled Placard Vehicle Parked in Motorcycle Only Parking Spot California

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#1
Can anybody enlighten me on this. Maybe some Cali LEO, if there is any on these boards.
Someone with disabled plates parked in the motorcycle designated parking spot. I confronted her and she said she can park anywhere because of the handicapped plates.
California Vehicle Code states the following:

" A disabled placard or license plate allows you to park in certain places, but some parking is still off limits.

You CAN park:

In marked disabled spaces, such as those with:
A wheelchair.
Blue curbs.
In green curb spaces for unlimited time.
In spaces designated for merchants or residents.
For free at metered spaces.

You CANNOT park:

In striped areas next to handicap parking spaces.
At red, yellow, or white curbs."

But it doesn't say anything about being allowed to park in the motorcycle only parking spot.
 

tomatocity

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#2
Good question. Looking forward to the answer.

My guess is if it is not stated then it is allowable. If this is true we need to get busy by contacting the AMA and let them proceed in a proper manner.

To others that are going to ask... yes California issues Disabled Plates for motorcycles.

California has two types of disabled plates...
... DP Disabled Person
... DV Disabled Veteran
 

RCinNC

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#3
It would depend on whether or not there was a state or municipal law that specified that there was such a thing as a "motorcycle only" parking space. If I had to guess, I'd say that most "motorcycle only" spaces you see are put there by the merchants who own the parking lot that you're parking in. They do it both as a courtesy, and as a way of maximizing the available space in a parking lot (so a motorcycle doesn't take up an entire space, when a space half the size of a standard space will do).

State/municipal laws and regulations dictate the creation and posting of no parking zones, tow away zones, etc. Unless there's a law that designates a motorcycle only parking area, defines what it is, how it has to be posted, what constitutes a motorcycle, etc, then my guess is there wouldn't be an applicable vehicle code penalty for parking a car in the motorcycle only spot. Pretty much anyone could park a car there, not just someone with a handicap placard (though it's a major dick move).

Vehicle code laws vary widely from state to state though, so it's tough to say if what I'm familiar with would also be the same in California.
 

Dogdaze

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#4
I'll just put it down to being rude and ignorant (unless that is classified as a disability). Nearly everywhere I been, without exception, that having parking for the disabled, there is normally an over abundance left empty. What makes me laugh is that huge malls have lots of disabled parking, very close to the doors, yet once through the doors a disabled person has to make their way a great distance to the stores they want. This is just my observation, not disparaging the disabled.
 

tomatocity

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#5
Sacramento has MANY motorcycle only parking spaces. They are about three feet wide and you park at right angles. There are approximately eight motorcycle spots per automobile spots. Also, in Sacramento a motorcycle is allowed to share a metered parking spot with an automobile.
 

Checkswrecks

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#6
We have only 28 m/c spots on the entire south side of the National Mall in DC and regularly get jerks and delivery trucks taking them up. I bitched to a meter-reader once and she walked up to the driver to explain that (A) it was marked m/c only, (B) she was parked across multiple spots, and (C) some of the meters were expired.


Your woman is right about the expired meters, but not on the other two. Since in your case she sure couldn't fit her car into one motorcycle space, it's easy to Google the violations and fines


http://portal.cityofsacramento.org/Public-Works/Parking-Services/Parking-Enforcement/Sacramento-Parking-Fines


You could also look up and apply the State code for the marked m/c only violation.
 
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#7
In my business I have to deal with ADA all the time. As with all governmental regulations, sheet flows downhill. The flow of regulation is Federal to State to locality (city, etc.). The way the ADA law is ticketed (in Texas) is by trained civilians, usually those that have some kind of disability. Because the ADA is federal guideline for state and cities, I'm going to assume that it is the same way in your state. As a result, the disabled person giving you the answer is extremely biased and not always correct. I parked my bike in a triangular striped zone at a parking lot. I know that it has to be an accessible route to be illegal to park there and there are regulations on what an accessible zone looks like. This particular disabled person had interpreted that ALL stripped zones were off limits. So with lawyer in tow and the ADA/TAS code books I was able to have the ticket dismissed. Before there were civilian watchdogs, there were lawsuits to regulate ADA violators. A person in a wheel chair would look for violations and sue the owners for blocking the path of a wheel chaired human.

A word of warning, don't park your bike in a stripped zone next to the handicapped parking space or a striped zone leading to/from a sidewalk. These are accessible routes and will land you a hefty fine.

Bicyclists have more rights than motorcyclists. In many cities, they have their own lanes, city required parking spaces and locking racks. Motorcyclists not so much. Clearly, more government regulation (gag) is required to keep misinformed disabled persons corralled. I would say a cheaper solution is a guard post at the end of every motorcycle space to keep cars out. Of course, that requires regulation too.
 
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#9
Dogdaze said:
I'll just put it down to being rude and ignorant (unless that is classified as a disability). Nearly everywhere I been, without exception, that having parking for the disabled, there is normally an over abundance left empty. What makes me laugh is that huge malls have lots of disabled parking, very close to the doors, yet once through the doors a disabled person has to make their way a great distance to the stores they want. This is just my observation, not disparaging the disabled.
Ever see thos little electric scooters, Wheelchairs or other means of assistance? :)
 

Dogdaze

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#10
shrekonwheels said:
Ever see thos little electric scooters, Wheelchairs or other means of assistance? :)
So what you're saying is that they should put all the disabled zoned parking at the other end of the parking lot? As they can get around anyway ::008::
I've seen so many people abuse the disabled badge that I have become jaded by it's use, unless I can clearly see someone is lacking the ability of movement.
 

Checkswrecks

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#11
Buckeroo Brad said:
In my business I have to deal with ADA all the time. As with all governmental regulations, sheet flows downhill. The flow of regulation is Federal to State to locality (city, etc.). The way the ADA law is ticketed (in Texas) is by trained civilians, usually those that have some kind of disability. Because the ADA is federal guideline for state and cities, I'm going to assume that it is the same way in your state. As a result, the disabled person giving you the answer is extremely biased and not always correct. I parked my bike in a triangular striped zone at a parking lot. I know that it has to be an accessible route to be illegal to park there and there are regulations on what an accessible zone looks like. This particular disabled person had interpreted that ALL stripped zones were off limits. So with lawyer in tow and the ADA/TAS code books I was able to have the ticket dismissed. Before there were civilian watchdogs, there were lawsuits to regulate ADA violators. A person in a wheel chair would look for violations and sue the owners for blocking the path of a wheel chaired human.

A word of warning, don't park your bike in a stripped zone next to the handicapped parking space or a striped zone leading to/from a sidewalk. These are accessible routes and will land you a hefty fine.

Bicyclists have more rights than motorcyclists. In many cities, they have their own lanes, city required parking spaces and locking racks. Motorcyclists not so much. Clearly, more government regulation (gag) is required to keep misinformed disabled persons corralled. I would say a cheaper solution is a guard post at the end of every motorcycle space to keep cars out. Of course, that requires regulation too.

Texas is unique in non-LEO ticketing, at least when not on private property. For private property, a lot of States have mechanism to "deputize" security personnel at shopping malls and such.


Please don't take this into a political discussion when us mods will need to get out the clipping shears. Thanks
 
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#12
Dogdaze said:
So what you're saying is that they should put all the disabled zoned parking at the other end of the parking lot? As they can get around anyway ::008::
I've seen so many people abuse the disabled badge that I have become jaded by it's use, unless I can clearly see someone is lacking the ability of movement.
How do you know?
I had a friend who had a fake leg, which would rub him raw quit often, I had no Idea for months he even had a fake leg until i saw his stump one day. Beyond the crazy wear on his amputee, his shoulders were shot from using crutches.

My father had a condition which would often leave him walking just fine with a cane, then suddenly collapsing. If he did not collapse his energy level was ridiculously low.
Sometimes it is simply best not to judge as you do not know the circumstances behind the reason they actually have said sticker.
 

Cycledude

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#13
Years ago I stopped at a rest area in Minnesota to use the bathroom, parked in a regular car parking spot, when I came out there was a cop standing next to a motorcycle parked in a handicap spot, I couldn’t believe the first words from the cop he flat out asked what my handicap was, I kept walking and said that’s not my bike but I was parked close enough to hear the conversation when the owner of the motorcycle came out, the cop asked him the same question and the guy said I’m not handicapped but my wife is she had a stroke and lost her toes on one foot so she can’t walk very far, pretty soon the wife came walking out, if the guy hadn’t mentioned the toes I probably wouldn’t have noticed she had trouble walking but she did, the cop didn’t say much he just got back in his car and left. He did have a handicap license plate from the state of Indiana on his bike.
I have hauled handicapped folks around that have those handicapped things to hang in the window, yes it seems like there are plenty of handicap spaces until your hauling someone that needs one then they are all full .
 
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Sierra1

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#14
I don't think it was unreasonable to ask what his handicap was. I don't know about elsewhere, but around here it is common for people to park in a handicap space, with a placard/plate displayed, and the truly handicapped person is home in bed. It is a violation, at least in Texas, to use a placard/plate issued to person that is not in the vehicle. Another common practice is to park in the handicap space, with a plate/placard, and the handicapped person is in the car, but the non-handicapped person is the only one that goes into the store; also a violation. :mad:
 

Sierra1

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#16
I get irritated Everytime I see a 400 lb person use the space with plate or card thought is they need to loose 200 by walking a bit more.

Or, somebody getting in/out of a Corvette or huge lifted truck. I'm not handicapped and have trouble getting in/out of them.
 

twinrider

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#17
I get irritated Everytime I see a 400 lb person use the space with plate or card thought is they need to loose 200 by walking a bit more.
Every time I see someone write "loose" when they mean "lose" I think America needs to step up its educational standards.
 

stutrump

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#18
I often see cars (not disabled) parked in motorcycle bays in the uk and it really bugs me. Saw one in oxford today. I asked an oxford traffic warden about it and he said there is nnnothing he can do. I asked where i should park if the bay is full because of the car (which it almost was) and he couldn't answer. Often cars have a choice and we dont. Makes me really despair in humanity
.....again!!!
 

EricV

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#19
I get irritated Everytime I see a 400 lb person use the space with plate or card thought is they need to loose 200 by walking a bit more.
I understand, but some of those people are 400 lbs because of the medication they are on and various side effects. I know a couple that would kill to be able to exercise, but Dr. won't allow due to heart issues and the meds they are on make them overly hungry, as well as other nasty side effects.

Never mind the few that can't walk far because they are 400 lbs. I don't have an answer for that. Sometimes they did that to themselves.
 

Checkswrecks

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#20
I get irritated Everytime I see a 400 lb person use the space with plate or card thought is they need to loose 200 by walking a bit more.
Having somebody close who is a really overweight, I agree with EricV. There indeed are way too many people who over-eat, give themselves cancer from smoking, and drink themselves into an early stroke or grave. Heck, I just came back from a couple of weeks away and need to shed several pounds again and it definitely is harder to lose weight or keep in shape in my 60s.

BUT - The person I am close to was mis-diagnosed years ago and the medication that bloated and almost killed her totally f-d up her metabolism and the heart damage ended ability to exercise. She'd love to lose a couple of hundred pounds but her condition is probably going to kill her early. I've also known a couple of motorcycle riders who really are handicapped and have walking problems. We've got at least two on the forum.

I'm all for the police checking on the need for a handicap tag and ticketing violators, as handicap violations in the city are totally routine and really are a problem for the person I know. But my point is that none of us were put here to judge others. Besides:

 
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