It is a criminal offense in every state to misuse a handicap parking placard—or to otherwise block access to a handicap accessible parking space, aisle, ramp, curb cut, or architectural improvement designed to provide access for people with disabilities. Misuse may take many forms, and laws vary from state to state, but it is generally a crime:
• to park a vehicle in a handicap accessible parking space without displaying the appropriate plate or placard—even if a driver or a passenger of the vehicle has a disability;
• to park a vehicle in an accessible space when neither the driver or any passenger has a disability, even if the vehicle displays the appropriate plate or placard;
• to park a vehicle with a placard or plate that is expired;
• to park a vehicle with a placard or plate that belongs to someone who is not a driver or a passenger in the vehicle;
• to lend a parking placard to an individual without a disability who uses that placard to violate state law;
• to steal or counterfeit a parking placard or license plate;
• to park a car in such a way that it blocks access to an accessible parking space, an access aisle, or any architectural improvement that provides access for people with disabilities, such as a ramp or a curb cut.
Laws prohibiting the misuse of handicap parking placards are generally located in a state’s statutes—often in the vehicle code, transportation code, or penal or criminal code.
In Texas, the misuse of handicap parking placards and the obstruction of handicap accessible parking spaces are addressed under the Texas Transportation Code. It is illegal to park in a designated accessible parking space without displaying the appropriate state-issued plate or placard, even if someone in the vehicle has a disability. It is also a violation to use a placard or plate that is expired, or to use one that was issued to another person who is not present. Lending a placard to someone without a disability, or using a stolen, counterfeit, or otherwise fraudulent placard or plate, is against the law. Additionally, it is an offense to park in a manner that blocks access to an accessible parking space, access aisle, or any architectural feature designed to provide access for individuals with disabilities. Violations can result in fines and other penalties, and repeat offenders may face increased sanctions. The specific provisions and penalties are detailed in Chapters 681 and 683 of the Texas Transportation Code.
