Vehicle Code § 4461 VC prohibits misusing a disability parking placard or license plate. This can be an infraction or a misdemeanor with a maximum penalty of 6 months in jail and/or a fine of up to $1,000.
Examples of misusing disabled parking plates or placards are:
- lending your handicap tags to someone who is not disabled.1
- driving with handicap tags that are expired or belong to someone else.2
- parking in a DP space if you are not disabled.3
Certainly, you can use someone else’s handicapped placards or plates if you are driving them.4
Example: Irene is an elderly woman with diabetes. She no longer drives due to diabetic nerve damage and neuropathy in her feet. However, Irene is socially active and likes to go to the movies with her friends. She gets a disabled person placard. Irene’s friends can use it to park in handicapped spots when Irene is with them so that Irene does not have to walk very far.
Officers may write this citation as VC 4461 or 4461 CVC. Officers also abbreviate “disabled person” as “DP.”5
In order to help you better understand the law, our California criminal defense lawyers will discuss the following:
- 1. Elements of the Crime
- 2. Penalties
- 3. Defenses
- 4. DP FAQs
- 5. Related Offenses
- Additional Resources
1. Elements of the Crime
California Vehicle Code 4461 prohibits you from wrongfully using someone else’s disabled parking placard or license plates. VC 4461 sets forth three distinct types of handicapped parking fraud:
- Letting someone else use disabled placards or plates,
- Using someone else’s placard or an invalid placard, or
- Wrongfully parking in a handicapped parking space.
Let’s take a closer look at each of these offenses.
Letting Someone Else Use a Disabled Placard or Plates
California Vehicle Code 4461(b) makes it a crime to:
- Lend another person a disabled parking placard, or
- Knowingly let someone else use it.
Example: Sadie and her elderly mother Ruth live next door to each other. Ruth is almost blind and has a disabled person placard for when Sadie drives her somewhere. However, Sadie sometimes runs errands for Ruth while Ruth stays at home. When she does, she often borrows Ruth’s placard.
Even though she is running errands for a disabled person, this is a misuse of the placard by Sadie. If Ruth knowingly lets her do it, it is also a misuse of the placard by Ruth.
Displaying an Invalid Placard
Vehicle Code 4461(c) prohibits displaying a parking placard in your vehicle if:
- It was issued to someone else (unless you are transporting that person), or
- It has been canceled or has been revoked.6
Note that you do not need to be in a disabled parking spot to be guilty under VC 4461(c). Just displaying the placard on your car is sufficient for a conviction.7
Wrongfully Parking in a Handicapped Spot
Vehicle Code 4461 (d) makes it unlawful to park in a handicapped parking spot if:
- The vehicle has DP plates that were issued to someone else, and
- You are not transporting a disabled person.
Example: Morris has a disorder that restricts his mobility. His car displays a DP plate. Whenever his wife Eva drives, she makes a point of taking Morris’s car and using it to park in disabled spots even when Morris is not with her. This is a misuse of a disabled plate.
BUT
Example: Eva and Morris drive to a restaurant together in Morris’s car with a DP Plate. Eva drops him off in front of the restaurant entrance so he does not have to walk. Then she drives to the lot behind the restaurant and parks the car in a disabled stall. This is not misuse because she was using the car to transport a disabled person.
No one may park in the “crosshatched” wheelchair access area next to a handicapped parking space
2. Penalties
Fraudulent disability placards is a California “wobblette” offense. This means it can be punished as either:
- A civil infraction (similar to a parking ticket),8 or
- A criminal misdemeanor.9
Whether you will be criminally prosecuted is within the prosecutor’s discretion.10
Factors that may influence the decision include:
- The severity of the violation, and
- Whether you have a history of similar or other violations.
Civil Fines
Vehicle Code 4461 is often punished as a civil infraction, which carries no jail.11
The minimum civil fine for misuse of a disabled placard is $250. The maximum is $1,000.12
If you do not pay the fine, you can be charged with the crime of failure to appear or pay for a traffic citation.13
Criminal Penalties
Misuse of handicapped tags or plates can be charged as a misdemeanor under California Vehicle Code 4461. This carries:
- Up to 6 months in county jail; and/or
- A fine of between $250 and $1,000.14
Or you might be sentenced to misdemeanor (summary) probation, which carries a fine, community service, and/or counseling.15
Additional Fines
The court may order an additional fine of up to $1,500 if you misuse a placard or plate to park in a handicapped spot or zone.16
This fine is less likely to be imposed if you wrongfully allow another person to use your DP tags or plates.
Cities and counties also have the right to add an additional penalty of up to one $100.17
3. Defenses
Legal defenses to misuse of a handicapped placard or plates fall into two general categories:
- Lack of knowledge, and/or
- No actual misuse because you were transporting a disabled person.
Let’s take a closer look at these two defenses
You Did Not Knowingly Let Someone Else Use Your Handicap Placard or Plate
If a placard was taken without your permission, you are not guilty under VC 4461.
As Santa Clarita criminal defense attorney John Murray18 explains:
“If a family member, friend or acquaintance was used your disabled placard illegally, an overzealous DMV investigator may want to charge you too.
However, you cannot be punished just for not keeping close enough track of your placard. You must actually have given it to the other person for a reason other than to transport you.”
No Actual Misuse Occurred
Parking in a handicapped spot is not a violation of VC 4461 if:
- The person to whom the placard or plates was issued is in the car or in near proximity, and
- You were transporting that person.
Many disabled people cannot drive themselves and rely on non-disabled people to transport them and park in disabled spots.
You can park in a disabled spot using a DP tag if you are transporting the disabled person.
4. DP FAQs
What are disabled person placards?
A disabled person placard (“DP placard”) is a large blue tag that hangs on a disabled person’s rearview mirror. Also known as a “handicapped parking placard,” it contains a wheelchair symbol.19
What types of handicapped placards are available?
The California Department of Motor Vehicles issues several types of DP placards.20 These include
- Permanent parking placard21
- Temporary parking22
- Travel parking placard for California residents23
- Travel parking placard for nonresidents24
What are DP license plates?
California disabled person license plates work the same as a permanent disability placard. Though unlike a placard they can only be used in one vehicle, which must be registered to:
- A person with a permanent disability,25 or
- An organization or agency involved in the transportation of disabled persons or disabled veterans.26
What about disabled veteran license plates?
The California DMV also issues disabled veteran license plates (“DV plates”).27 A veteran qualifies for DV plates if they
- Became disabled while on active service with the U.S. Armed Forces, and
- The veteran either:
- Has a 100% disability rating;
- Has lost, or lost the use of, one or more limbs; or
- Is permanently blind.28
The California DMV issues special no cost license plates to disabled veterans.
Who can use handicapped parking privileges?
You can use California DP placards and plates if you are:
- a disabled individual, or
- a person who is transporting the disabled individual.29
Note that handicapped parking plates and tags may not be used by anyone else for any reason – not even by someone else who is also disabled.
When am I considered disabled?
The California DMV considers you disabled if you have one or more of the following conditions:
- Loss of, or significant limitation in the use of, one or more lower extremities;
- Loss of both hands;
- A diagnosed disease that substantially impairs or interferes with mobility;
- A severe disability that prevents you from moving without the aid of an assistive device;
- Serious vision problems such as loss of visual acuity or field of vision;
- Serious lung disease; and/or
- Serious heart disease.30
Where can handicapped people legally park in California?
In addition to regular parking spaces, DP placards and DP plates allow you to park:
- In parking spaces with the International Symbol of Access (wheelchair symbol).
- Next to a blue curb authorized for persons with disabilities parking.
- Next to a green curb (limited time parking) with no time limitation.
- In an on-street metered parking space at no charge.
- In an area that otherwise requires a resident or merchant permit.
How do I obtain handicapped parking privileges in California?
Disability placards and plates can be obtained by filing a California DMV Form REG 195 Application for Disabled Person or Plates.
Who can certify a disability?
Medical professionals who can certify a disability are:
- A licensed physician, surgeon, physician assistant, nurse practitioner, or a certified nurse-midwife with knowledge of the disease and/or disability.
- A licensed chiropractor (if you lost the use of one or both lower extremities or you have a significant limitation in the use of your lower extremities); or
- A licensed optometrist, physician or surgeon who specializes in diseases of the eye.31
Can I use an out-of-state disability placard or license plates in California?
Under California law, out-of-state disabled placards and license plates are valid to the same extent as ones issued by the California DMV.32
5. Related Offenses
- Vehicle Code 31 VC – giving false information to a peace officer
- Vehicle Code 4463(b) VC – forging a DP placard
- Vehicle Code 4463(c) VC – display or permit the display of a counterfeit disabled placard with intent to commit a fraud
- Penal Code 365.7 PC – service dog fraud
- Penal Code 472 PC – forgery of a public seal
Additional Resources
For more in-depth information, refer to these California DMV articles:
- Disabled Placards and Plates – Information about how to obtain and update placard/plate information.
- Disabled Person Parking Placard and License Plates – Information on eligibility and qualified medical conditions.
- Disabled Person Parking Placard Application – Guide for how to apply online and what supporting documentation you need.
- Disabled Person Parking Placard Replacement – How to order a replacement of a parking placard.
- Disabled Veteran License Plates – How to order disabled plates if you are a veteran.
Legal References:
- California Vehicle Code 4461(b): “A person to whom a disabled person placard has been issued shall not lend the placard to another person, and a disabled person shall not knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.”
- Vehicle Code 4461(c): “Except for the purpose of transporting a disabled person as specified in subdivision (b), a person shall not display a disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.”
- Vehicle Code 4461(d): “Notwithstanding subdivisions (a), (b), and (c), a person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 shall not park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is subject to the issuance of a notice of parking violation imposing a civil penalty of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), for which enforcement shall be governed by the procedures set forth in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or both that fine and imprisonment.”
- Vehicle Code 4461(b), (c) and (d).
- Same.
- Vehicle Code 22511.6:(a).
- See Vehicle Code 4461(c).
- Penal Code 19.6 PC.
- Penal Code 19.8 PC.
- See Penal Code 17(d).
- Penal Code 19.6.
- Penal Code 19.8 PC.
- Vehicle Code 40508 VC.
- Penal Code 19 PC.
- Penal Code 1203(a).
- Vehicle Code 4461.5.
- Vehicle Code 4461.3.
- Criminal defense attorney John Murray defends clients in criminal court and at California DMV hearings throughout Orange County, the Pomona Valley, and Western San Bernardino County.
- Vehicle Code 4461(e). Note that full-service gas stations must refuel the vehicle at self-service rates unless there is only one employee on duty. Disabled person parking privileges do NOT allow people to park: In the “crosshatched” areas next to handicapped parking spaces (wheelchair and wheelchair lift access areas); next to red curbs (no stopping, standing, or parking); next to yellow curbs (commercial vehicle loading and unloading area); or next to white curbs (for passenger loading/unloading or dropping mail in an adjacent mailbox). The wheelchair symbol is officially called the “International Symbol of Access.”
- Vehicle Code 22511.55.
- Same. Vehicle Code 22511.59. (A permanent placard is available if you have a permanent disability. It is valid for two years and expires on June 30 of every odd-numbered year. There is no fee for a permanent DP placard. Once issued, recertification by a medical professional is not required and it does not need to be renewed. The DMV will automatically mail a new placard to the address it has on file.)
- Same. (If you have temporary disabilities, you can get a temporary DP placard for up to six months. It expires on the earlier of: The date noted by the certifying medical professional on the application, or 6 months from the date on which it is issued. There is a nominal fee (currently $6.00) for the application. This card can be renewed up to 6 consecutive times.)
- Same. (If you are a California resident who already has a permanent DP parking placard or license plate, you can also obtain a no-cost travel parking placard, good for 30 days from issuance. These are especially useful when traveling within the state in someone else’s car or when renting a car within California.)
- Same. See note 21. (If you are a non-California resident with a permanent disability, you can obtain a travel placard for use within California at no charge. The placard is good until the earlier of: 90 days from issuance, or the date noted by the certifying medical professional on the application.)
- Same.
- Provided the motor vehicle that will have the special license plate is used solely for the purpose of transporting those persons. See Vehicle Code 5007.
- Vehicle Code 295.7.
- Same. See also California Welfare and Institutions Code 19153. “Blindness” means not having more than 20/200 central visual acuity in the better eye after correction, or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
- See Vehicle Code 4461(b)-(d).
- Vehicle Code 295.5.
- Vehicle Code 22511.5. You do NOT need a medical certification if: You lost a lower extremity or both hands and apply for the placard or plates in person at the DMV; You already have a permanent DP placard or DP plates and are applying for the other one; or You are a veteran with certification from the United States Department of Veterans Affairs stating that you are a disabled veteran. Note that the certification section of the application must also be signed by: A medical professional, or, In the case of a disabled veteran, the Department of Veterans Affairs.
- Vehicle Code 22511.59(c). If you do not have either, you can also obtain a temporary travel placard at no cost from the California DMV. This might be desirable if: You do not drive at home (for instance because you live somewhere with good public transportation), or You have disabled plates but are not bringing your car to California A temporary travel placard can be issued for a maximum of 90 days. Otherwise, the requirements are the same as for any other temporary DP placard, including certification by a medical professional. Vehicle Code 4463(b).