Can someone tell me where the definition of a handycapped parking place is defined in Texas? I can't find it.

All the Transportation code says is : Defined by Texas Commission of Licensing and Regulation under Section 5(i), Article 9102, Revised Statutes "

I've searched google, and even went to the TCLR and their website is completely useless.

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Just off the top of my head, the statute details the exact size of the space, how many per lot, and the signage requirement (must have sign on a pole and painted lines). I recall that Texas follows the federal standards under the ADA. Many years ago this came up and my research took me to a federal website.

Its in one of those lovely admin codes that we fortunately don't have to deal with very often see the Texas Accessibility Standards as follows:

4.6.1 Minimum Number. Parking spaces required to be accessible by 4.1 shall comply with 4.6.2 through 4.6.5. Passenger loading zones required to be accessible by 4.1 shall comply with 4.6.5 and 4.6.6.

4.6.2 Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

(1) Parallel parking is discouraged unless it can be situated so that persons entering and exiting vehicles will be out of the flow of traffic. If parallel parking is located on a street, driveway, or any other area where vehicular traffic exists, the space shall be designed and located so that users are out of the flow of traffic (see Figure 9(a)).

4.6.3* Parking Spaces. Accessible parking spaces shall be at least 96 in (2440 mm) wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with 4.3. Two accessible parking spaces may share a common access aisle (see Fig. 9b). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

4.6.4* Signage. Each accessible parking space shall be designated as reserved by a vertically mounted or suspended sign showing the symbol of accessibility (see 4.30.7). Spaces complying with 4.1.2(5)(b) shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility.

(1) Characters and symbols on such signs shall be located 60" (1525 mm) minimum above the ground, floor, or paving surface so they cannot be obscured by a vehicle parked in the space.

(2) Signs located within an accessible route shall comply with 4.4.2.

(3) Characters and symbols on overhead signs shall comply with 4.30.3.

4.6.5* Vertical Clearance. Provide minimum vertical clearance of 114 in (2895 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with 4.1.2(5)(b), provide minimum vertical clearance of 98 in (2490 mm) at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).

4.6.6 Passenger Loading Zones. Passenger loading zones shall provide an access aisle at least 60 in (1525 mm) wide and 20 ft (240 in)(6100 mm) long adjacent and parallel to the vehicle pull-up space (see Fig. 10). If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with 4.7 shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

Great info thanks for that!

Is the fine not required to be posted on the sign for it to be enforced with either a citation by an Officer, or towing by the property owner?

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I've never seen a sign with any info other than the symbol and the handicap wording. In looking at the statute it doesn't look like it needs further.

to look at the entire section (in particular 4.30 for signage requirements) go to:
http://www.license.state.tx.us/ab/tas/abtas.htm

Also check Chapter 681, Transportation Code (Privileged Parking) which governs enforcement.

Janette A

quote:

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Originally posted by J Ansolabehere:
Also check Chapter 681, Transportation Code (Privileged Parking) which governs enforcement.

Janette A

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I read it, and it doesnt mention the fine being posted on the sign. I'm going to assume then that the fine doesn't have to be posted, unless someone can come up with something. I have a hard time NOT issuing the citation when I can't justify why I did not, and since I can't find where it says the fine must be posted, I'm going to start issuing the citation unless someone can come up with something.

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I'm guessing the enforcement of the parking places doesnt matter public or private property either.

Someone mentioned it, however if security guards are permitted to enforce it, I should be able to also.

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I have seen signs with a fine amount on them. Usually, the fine amount is stated as $50-$200.

Problem is that the minimum fine by Statute is $250.

How does a Prosecutor handle that? If you enforce based on the Statute, the Defendant might be able to argue that he did not have correct notice of the possible consequences of his action. If you follow the sign, you are participating in an illegal sentence.

Could a motorist argue that the spot is not actually a disabled parking spot if it does not comply with all of the requirements? For example if the sign is wrong or the space is too small.