[darco]

Note that I still have not seen a CVC number spelling out that a handicapped-only spot can legally be used for electric vehicle charging even if the electric vehicle is not marked as able to park in handicapped-only spots.

I can find no CVC reference that allows the use of a parking space marked as handicapped-only by a vehicle without the appropriate markings. The closest I can get is this recommendation from the CA PEV Access Guidelines:

Accessible electric vehicle charging stations are not to be reserved exclusively for the use of persons with disabilities. They should not be identified with signage that would mistakenly indicate their use is only for vehicles with placards or license plates for individuals with disabilities. End Advisory

This simply states that property owners shouldn't mark charging stations as handicapped-only: they should simply ensure that some of the charging stations be accessible.

In the event that a station is marked as both, I would think that a vehicle must satisfy both requirements, not either-or.

Again, if someone has a CVC number which spells out exactly what is legal, please post.

 

[Blair Chaney Jennings]

Like I said before it isn't a CVC code it's a EVG code which is CA Uniform Building Code not vehicle code. It all depends on where the parking space resides in this instance on a private hotel parking lot. So building code rules this issue.

 

[MelindaV]

Like I said before it isn't a CVC code it's a EVG code which is CA Uniform Building Code not vehicle code. It all depends on where the parking space resides in this instance on a private hotel parking lot. So building code rules this issue.

But as @darco stated, that is speaking to having charging spaces accessible - and NOT signed as ADA parking spaces. If the space at the hotel was signed with the typical ADA parking signage, it is just that and requires a state issued ADA parking pass.

ADVISORY: EVG-250.1 General. While there is no positive requirement to provide electric vehicle charging stations, when they are provided a portion of them should be accessible. When co-located with parking spaces, electric vehicle charging is considered the primary function of these stations, not parking. Accessible electric vehicle charging stations are not to be reserved exclusively for the use of persons with disabilities. They should not be identified with signage that would mistakenly indicate their use is only for vehicles with placards or license plates for individuals with disabilities.

 

[Blair Chaney Jennings]

Except for the fact that the code says that the space has a primary purpose for EV charging not parking, so anyone can charge there but handicapped can park and override that primary function.

 

[darco]

IANAL, but I would think the handicapped-only designation takes priority from an enforcement perspective.

Drivers get cited based on the CVC, not the EVG. I'm pretty sure that if the CVC doesn't spell out an exception, then it's game over no matter what the EVG says.

I would not expect such a citation to be dismissed easily. I think you would likely need to take the issue all the way to a judge who might have the leeway to look beyond the CVC and take into account other circumstances (like building code violations).

But who knows. Maybe you'd get lucky at the administrative hearing.

 

[PandaM3]

Why even have all these government organizations put out all these regulations when other government organizations supersede them? Seems they are just out to confuse the public so they can find legal loopholes to extort money from us.

 

[Blair Chaney Jennings]

Well when I get a response on my citation challenge then the question should be answered. I should hear about it in a week or 2 and then I will update this thread.

 

[MelindaV]

Except for the fact that the code says that the space has a primary purpose for EV charging not parking, so anyone can charge there but handicapped can park and override that primary function.

this is not what the code says. It (building code) says if EV charging spaces are offered, one needs to be accessible, but specifically states it should NOT be signed requiring an ADA placard. If the space you were ticketed in had the ADA signage, it was an ADA designated space, not just a charging space that is accessible.

 

[Blair Chaney Jennings]

Well I finally got the results back about the ticket and it was dismissed. So it seems that you can park in a handicapped space to charge at least in California, now saying that it was a royal pain in the a$$ to deal with the misguided ticket so if I had a choice I would not park and charge there. Just I had no choice since the normal space had an ICE car parked in it. I admit I need to get some ICEHole placards but that is for a different day.

 

[Karl Sun]

Where is this hotel? I have hdcp plates.

 

[Point 3]

Well I finally got the results back about the ticket and it was dismissed. So it seems that you can park in a handicapped space to charge at least in California, now saying that it was a royal pain in the a$$ to deal with the misguided ticket so if I had a choice I would not park and charge there. Just I had no choice since the normal space had an ICE car parked in it. I admit I need to get some ICEHole placards but that is for a different day.

Thanks for the follow up, it seems certain people on here were betting against you, and dare I say hoping you were wrong.

If you can make out the information on the ticket you might want to follow up with a call to the officers supervisor. Chances are he or she makes a habit of harassing people, and possibly already has other complaints from the public.

A couple of years ago I was able to get one taken off the streets by doing just that.

 

[MelindaV]

The ticket being dismissed is not the same as saying parking there is allowed by law. Tickets are dismissed for various reasons beyond error by the officer.

 

[Blair Chaney Jennings]

Unfortunately we will never know the real reason why it was dismissed by Administrative review. Because a full reason is not on the results notice. But I have to say that by writing out the code and pointing to the other external circumstances I had a very good case for dismissal. Now all that needs to happen is that the SuperCharger gets built in Santa Barbara ASAP (currently showing early 2019). Then I will not have this issue ever again.

 

[Cloxxki]

For cases like these, wouldn't an extention cable be awesome standard equipment to bring along? Double park and get your juice. Especially when ICE'd. Take your sweet time returning to the car.

 

[Jim Brown]

Beau Rivage Casino in Biloxi, MS USED TO HAVE one of their 3 EV charging stations marked as handicapped. But the last time we were there the handicapped designation was gone.

 

[5_Star Advisor]

I really wish we had a case law… It just happened to me at uTC Westfield Mall in San Diego

 

[SalisburySam]

They do the same thing here in TX and it is maddening. At the Airport and whole foods especially. So what happens is the handicapped park there with their ICE cars. Of course here they also park there if there is any signage since they feel that they are entitled to any close space 😤. unfortunately EV charging spaces need to more to far end of parking lots to avoid this until/unless there is better signage/education and well know laws, which hopefully comes with time.
Now thankfully I have the 3 and really don't need to charge most times so most of this rant is from when I drove/drive the LEAF and needed to charge.

So, you’re upset a handicapped placarded vehicle parked in a handicapped-marked space? Or was this a charging spot but NOT marked handicapped? Understand your ire in the 2nd case, not so much in the 1st.

 

[garsh]

I think people are mainly upset that the charging station owner chose to install the station at a handicap parking space.

 

[JasonF]

I think people are mainly upset that the charging station owner chose to install the station at a handicap parking space.

In particular that it can lead to a charging EV being ticketed for being in a disabled space if police happen to be in the mood to do it. Even if you can go to court and fight it, it's still a nightmare. It makes charging a vulnerability.

I think it ends up that way because there is a regulation that says they have to have x number of disabled spaces per Y number of parking spaces, and the disabled spaces have to be closest to the building. When they add EV charging, the more cabling is done to the space, the more it costs. So management keeps down installation cost, gets to put "EV Friendly" in their ads, and also minimizes the number of parking spaces dedicated to specialties.

I think in the end it comes down to that this is something that's not illegal to do yet. But eventually the state regulators will have to catch on and tell parking lot operators that they cannot dual-purpose disabled spaces for EV charging.

A good example of how ridiculous the disabled space regulation is: I go to this car wash occasionally that has a lot of spaces for vacuuming cars. At the end closest to the building, one of them is a disabled space - next to a vacuum cleaner, and wedged into a corner that's difficult to get into unless you're coming out of the automatic touchless car wash. It's possibly the dumbest placement for a disabled space I've ever seen.