As per NY State Law, what constitutes a handicap parking space?

D

Doctor Knowitall

New member
I have gotten into a debate with my friends about the requirements of a handicap parking space. I work on the college's Judicial Board, and adjudicate parking violation appeals, and one student's appeal included that she legally, as per NY State law, was not in a handicap space, since an authorized handicap sign was erected. She attached NY State laws, which did state that.

I ask, is it a requirement that a handicap space have an erected and authorized handicap sign to legally be a handicap space? Does it not suffice having it drawn on the space?

Thanks!
 
Have your college's attorney look at the law.

NY Code - Section 1203-B, section 2, appears to state that "It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle bears a permit issued under section..."

There does not appear to be a requirement for an erected & authorized handicap sign.

NY Code - Section 1203-C, Section 2 does appear to have such requirement ("2. (a) The parking spaces designated pursuant to the provisions of this section shall be clearly identified for use by handicapped persons which designation shall include conspicuous and permanently installed above grade signs which display the international symbol of access and which shall be positioned from the parking space surface at a height of not less than five feet nor more than seven feet and may include the use of blue painted lines or markings...").

HOWEVER, NY Code - Section 1203-C, Section 1, states that the section applies to "Any person, firm or corporation owning a shopping center or facility with at least five separate retail stores and at least twenty off street parking spaces which are provided for use by the shopping public...", and you indicate you are at a college, not a "...shopping center or facility with at least five separate retail stores and at least twenty off street parking spaces which are provided for use by the shopping public...".

So, have your attorney see if the student is just trying to fake you out.
 
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