State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at the time of use.
A handicap placard hangs from a car’s rearview mirror and authorizes persons with disabilities to park in a handicap space or use handicap parking. These tags can be issued for both permanent and temporary disabilities.
In general, if a person receives a lawful disability placard in one state, most states say that the placard is valid in all 50 states.
In California, Vehicle Code 4461 VC is the state statute that makes it a crime for a person to “misuse” a handicap parking placard. The misuse of a placard is a wobblette offense. This means it can be charged as either:
- an infraction with a resulting fine, or
- a misdemeanor with the possibility of a county jail sentence.
What is a handicap placard?
A handicap placard is a plastic tag that hangs on a driver’s rearview mirror and allows the disabled motorist to park in a handicapped space. The tag displays a wheelchair symbol that is referred to as the International Symbol of Access (ISA). The placard is sometimes referred to as:
- a handicap parking permit,
- a disabled parking pass,
- a disabled parking placard, and
- a disability parking placard.
A handicap placard also generally means that a disabled driver does not have to pay meter fees when parked at a metered parking space.
In lieu of these placards, disabled persons can park in handicapped spots if they have special handicap or disabled license plates.
Every state has a Department of Motor Vehicles (“DMV”) or similar agency. These entities are responsible for issuing disability parking permits and license plates to disabled drivers. Both of these allow the recipient to legally utilize, or park in, handicapped parking places.
The DMV can issue placards and special license plates for both:
- a permanent disability, and
- a temporary disability.
Examples of conditions warranting permanent placards are:
- the inability to walk without the use of a wheelchair, crutch, or similar assistive device,
- advanced lung disease,
- impairment of a person’s leg or legs,
- arthritis,
- vision issues (as diagnosed by a certified optometrist), and
- a condition necessitating the use of a portable oxygen device.
Examples of conditions warranting temporary placards are:
- leg injuries,
- a temporary injury requiring a person to use crutches or a wheelchair, and
- pregnancy.
Temporary parking permits are typically valid for up to six months. Further, a medical professional can request that the permit be legally extended for a longer period of time.
Can the holder of a placard use one in another car?
State laws say that disabled persons who have a disability parking placard are the only people that can legally use them.1
Note, though, that they can use them and receive parking privileges as either:
- a driver, or
- a passenger.
This means that a disabled driver can use a placard in another car, but he/she has to be present in the car when the tag is displayed.
For example, a disabled driver can use a parking placard in another family member’s vehicle. He/she can use it as either the driver, or can sit in the car as a passenger and let the relative drive. If the latter, and the relative is the person parking, then he/she is authorized to park in a handicapped parking space.
However, a disabled driver cannot “loan” a disabled sticker to a family member so that he/she can secure a close parking spot at a parking lot for the person’s own convenience.
The misuse of a disabled parking placard is treated slightly differently among all states. However, it is generally considered an infraction and can get punished by means of:
- a fine,
- the revocation of the placard, and/or
- community service.
Are handicap parking permits valid in other states?
If a person is issued a disability parking placard in one state, most states say that the placard is valid in all 50 states (for example, New York).
Note, though, that a few states require out-of-state disabled drivers to obtain a temporary travel placard from the state they are driving in (for example, California).
What is the law in California?
California Vehicle Code 4461 VC makes it a crime for a person to misuse a handicap disability parking placard or license plate. The offense is also referred to as “handicapped parking fraud.”
VC 4461 prohibits misuse of a disability parking placard or license by:
- lending it to some else or knowingly allowing someone else to use it,
- displaying a disabled placard or plates that have been canceled or revoked, or were issued to someone else, or
- parking in a designated disabled parking space if the driver is not disabled.2
A person, though, may use a disabled placard or plates issued to someone else if:
- he/she in the presence or reasonable proximity of the disabled person to whom it was issued, and
- he/she is transporting the disabled person.3
Misuse of a disabled parking placard is a California “wobblette” offense. This means a violation of the statute can be punished as either:
- a non-criminal infraction with a civil fine of between $250 and $1,000, or
- a California misdemeanor crime.
As a misdemeanor, the offense is punishable by:
- custody in county jail for up to six months, and/or
- a criminal fine of between $250 and $1,000.4
As noted above, if a disabled person obtains a placard for a state outside California, then California law requires that driver to obtain a temporary travel placard while driving in California.5 The temporary tag is valid for 90 days.
Legal References:
- See, for example, RCW 46.19.050.
- California Vehicle Code 4461 VC.
- California Vehicle Code 4461b, c and d VC.
- See same.
- California Vehicle Code 22511.59c.