Guide to Accessible Parking
Accessible parking FAQs
In the fast pace of everyday life, it's easy to overlook the significance of accessible parking. However, these spaces are more than just convenient spots near entrances. They're a vital part of creating an inclusive society that respects and accommodates the needs of differently-abled individuals.
Accessible parking and compliant parking lots are crucial for several reasons:
- Equality: Accessible parking ensures equal access for individuals with disabilities, allowing them to participate in everyday activities without undue hardship.
- Meeting legal requirements: Various federal, state and local laws mandate the provision of accessible parking spaces in public and private establishments.
- Health and safety: These spaces are designed to provide safe and convenient access for people with mobility impairments, reducing their risk of injury.
The number of accessible parking spaces required varies based on the lot's total number of parking spaces, the type of facility — such as residential, business or government — and the specific requirements of local or state laws.
For instance, a parking lot with:
- One to 25 spaces must have at least one accessible parking space;
- 26-50 must have at least two accessible parking spaces;
- 51-75 must have at least three accessible parking spaces;
As the number of total parking spaces increases, this proportion continuously grows. There are also a few things that can affect the number of parking spaces required.
These factors include:
- Size of the parking lot: Larger lots require more accessible spaces.
- Type of facility: Different facilities — such as hospitals, rehabilitation centers or outpatient physical therapy facilities — may need more accessible spaces due to the nature of their services.
- Local regulations: Some states or municipalities may have stricter requirements than federal law.
Moreover, accessible parking spots must meet specific requirements to ensure they are usable by individuals with disabilities.
These include:
- Dimensions: Accessible parking spaces must be at least eight feet wide, with an adjacent access aisle of at least five feet.
- Signage: Each accessible parking space must have a sign bearing the International Symbol of Accessibility. Other traffic and parking signs should also be installed to designate the area as an accessible parking space.
- Paint: Spaces should be painted bright colors, such as blue or yellow.
- Location: Accessible parking spaces must be located on the shortest accessible route to an accessible entrance.
By understanding and following the rules for accessible parking, we can help create an inclusive and respectful society of everyone's needs.
What are the handicap parking laws on private property?
Without an accessible parking space, customers with disabilities may find it difficult, if not impossible, to patronize your business.
They might have to park far away and walk uneven terrain or tight spaces, turning what should be a simple experience into an ordeal. Providing accessible parking means you're making a statement that all clients are welcome, whether they're coming in to buy a product, attend a workshop or simply browse.
However, handicap parking laws on private property vary significantly across jurisdictions. The rules for residential properties are less clear-cut and can depend on factors such as local zoning laws and the nature of any business conducted on the property. For instance, if you're a homeowner running a small business from your property, you might need to provide accessible parking. However, if you're hosting a party or a social gathering, such laws typically won't apply.
There are a few things that can impact handicap parking laws on private property:
- Type of property: Laws differ between residential and commercial properties.
- Local regulations: Local zoning laws and building codes may impose specific requirements.
- Use of the property: If the property is used for public events or commercial activities, more stringent rules may apply.
Depending on the property type, you may have to designate a specific accessible parking space or provide several spots depending on the total number of spaces available.
How is handicap parking enforced on private property?
Enforcing handicapped parking on private property can be a tricky area to navigate. Property owners are typically afforded the freedom to determine how to allocate spaces. This means that if you don't have a designated accessible parking spot on your property, it's unlikely that you’ll face fines or penalties.
That said, police must fully enforce handicapped parking in areas of business or public institutions according to the local laws that protect the rights of individuals with disabilities. This means that if you have an accessible parking space on your property, it's essential to ensure it's marked and meets all legal requirements.
What is placard abuse?
Placard abuse refers to the misuse of disability parking placards or permits. This can involve using another person's placard, employing an outdated or fake placard or using a placard when the person it belongs to is absent. This type of abuse is not only unethical but also illegal. In many jurisdictions, it can result in fines, revocation of the placard or even criminal charges.
When people misuse these placards, they take up parking spaces for individuals with disabilities. This can make it difficult for those needing these spaces to find parking, causing unnecessary hardship and inconvenience. If you suspect placard abuse, it's essential to take action:
- Don't confront the person directly: It's often hard to tell if someone is misusing a placard just by looking at them, and confronting someone could lead to unnecessary conflict.
- Report it to local authorities: Many cities and states have hotlines or online forms where you can report suspected placard abuse. Provide as much information as possible, such as the time, location and license plate number.
- Raise awareness: Educate your friends, family and community about respecting disability parking spaces and the consequences of placard abuse.
When done correctly, reporting placard abuse can ensure that spaces are available to those who need them.
Who can park in handicap parking?
Accessible parking spaces are reserved for individuals with disabilities that limit their mobility. This includes people who use wheelchairs or mobility devices, those who cannot walk without assistance, and those with certain respiratory, cardiac or neurological conditions. Short-term disability placards are also issued for conditions that temporarily impact mobility, such as after surgery or an injury.
But not just any individual with a disability can park in these spaces. They must have a valid disability parking permit — a placard or a handicap tag. State motor vehicle departments issue these permits, which must be displayed prominently in the vehicle when using the space.
Temporary placards typically have a different color or marking to distinguish them from permanent ones and usually come with an expiration date reflecting the expected duration of the temporary disability.
Can handicapped parking spaces be reserved for an individual?
These spaces generally can't be reserved for a specific individual and are intended to be available for any permit holder who needs them on a first-come, first-served basis.
That said, there are situations where individuals with disabilities may request a reserved parking space. For example, tenants with disabilities who live in apartment complexes can request a reserved space to ensure equal opportunity to use amenities.
How close should handicap parking be to an entrance?
When it comes to accessibility, every detail matters, including the placement of accessible parking spaces. According to the ADA, accessible parking spaces must be as close as possible to the entrance, minimizing the distance that people with disabilities must travel.
Can I use my handicap placard in a rental car?
You can use your handicap placard in a rental car. Disability parking permits are issued to individuals, not vehicles, so you can use your placard in any vehicle you use.
Always remember to bring your original handicap placard and any accompanying identification that verifies its authenticity. Upon receiving your rental vehicle, hang the placard on the rearview mirror, ensuring that it’s clearly visible from outside the car. If your placard doesn't hang, you may place it on the dashboard, but it should still be easily identifiable.
Familiarize yourself with local and state regulations regarding disability parking in the area you'll be visiting, as laws may differ from your home jurisdiction.
Can you charge for handicap parking?
If a business or agency charges for parking, they must charge the same fee for handicapped and non-handicapped spaces.
For businesses, understanding the legality surrounding this issue is crucial for compliance with the ADA and to avoid any legal repercussions. Further, individuals with disabilities may want to know this information to ensure that they’re not being unfairly charged or discriminated against when using accessible parking spaces.
What makes a handicap parking spot legal?
There are specific requirements that a parking space must meet to be considered a legal handicap spot:
- The parking space needs to have the International Symbol of Accessibility (ISA) — the familiar image of a person in a wheelchair. Make sure it's positioned high enough to be visible even when a vehicle is parked there.
- According to the ADA, car-accessible spaces should have a minimum width of 96 inches, along with an adjacent access aisle that's at least 60 inches wide. This access aisle provides enough room for someone using a wheelchair or other mobility device to easily get in and out of their vehicle.
- The parking space and access aisle should have a stable, firm and slip-resistant surface. Make sure there's a maximum slope of 1:48 in all directions.
- Make sure there's a full-length access aisle in the stall. Also, ensure there's an access aisle that leads to a ramp or an accessible entryway.
These requirements ensure accessible parking spots are easy to use and safe for all.
What can you do about parking discrimination at work?
Parking discrimination occurs when an employer treats an employee or job applicant unfavorably because of their disability and fails to provide reasonable accommodations, such as accessible parking spaces. This form of discrimination is both unfair and illegal under the ADA.
Here's what you can do if you're experiencing parking discrimination at work:
- Document everything: Keep a detailed record of any instances of discrimination, including dates, times, locations and persons involved. This information will be crucial if you decide to file a complaint.
- Communicate with your employer: Talk to your HR department or supervisor about your needs.
- Request reasonable accommodation: If you need a specific parking arrangement due to your disability, make a formal request in writing.
- File a complaint: If your employer doesn't respond adequately to your concerns, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces laws against workplace discrimination.
- Seek legal advice: Consult with an attorney specializing in disability rights or employment law. They can guide you through the process and help protect your rights.
Following the above guidelines can ensure that your rights are protected at work and that others also have access to the spaces they may need.
Is there a time limit for handicap parking?
In many places, holders of handicap placards can park for unlimited periods.
However, there are exceptions. For example, in San Francisco, a disabled placard does not exempt a vehicle from all other citations and or tow-away rules if the car is parked for more than 72 hours in any space. It's important to check local regulations because policies can vary widely. Contact your local Department of Motor Vehicles or city government for clarity when in doubt.
Are businesses required to have handicap parking?
The short answer is yes — businesses legally must provide handicapped parking. The ADA mandates that businesses and public agencies provide accessible parking spaces for people with disabilities.
In addition, businesses must install signs, such as:
These signs should be posted near the entrance of a parking lot or at any point where an accessible space is located.
What are the standards for handicap parking striping?
Striping is the process of painting lines and symbols on pavement to indicate parking spaces and traffic flow. For accessible parking spaces, this striping delineates the boundaries of the parking space and the adjacent access aisle, making it clear where vehicles should park and where mobility devices like wheelchairs can maneuver.
The ADA sets specific standards for handicapped parking striping.
- Size: The parking space should be at least 96 inches wide, while the adjacent access aisle should be 60 inches wide for car-accessible areas.
- Markings: The boundary of the access aisle must be marked to discourage parking within it. Plus, the ISA should be painted within the parking space.
- Color: Although the ADA doesn't specify color requirements for striping, many local jurisdictions recommend that the striping be blue or white for visibility.
These easily recognizable markings provide a clear and safe way for people with disabilities to park their vehicles.
Do handicap spots have to be permanent?
These parking spots don’t have to be permanent. Temporary or movable accessible parking spaces can be used when permanent installation isn't feasible or necessary. For instance, during special events, temporary accessible parking spaces can be set up to accommodate attendees with disabilities.
Likewise, temporary spaces may be needed during construction to replace permanent ones currently out of service. However, these temporary spaces must still meet ADA size, striping and signage guidelines.
