There is nothing more frustrating, irritating, and downright selfish than a person who uses disabled parking spaces when they don’t need one. These people will often eschew parking in a farther space because they are concerned about the distance they need to walk even though they do not have a condition that affects their movement or ability to reach the building or location they want to reach.
Unfortunately, many people feel like there is nothing they can do to ensure this person gets their comeuppance. The majority of the humans on the planet choose to avoid confrontation, especially with a stranger who could respond with anger or violence. Leaving a sassy note might be personally satisfying and earn you points on the internet, but it doesn’t actually solve the problem.
What can you do to report the misuse of disabled parking spaces? Well, this guide provides some clear examples of courses of action using South Dakota as a sample state. Remember that some laws might vary across state borders, but it is illegal on a federal level to utilize handicap resources when you do not need them.
Don’t worry. There is a way to report parking space misuse.
Handicap Parking Laws
Violating the Americans with Disabilities Act is a federal crime. The Americans with Disabilities Act is an act signed into law in 1990 by the Bush administration. It extended civil rights protections to handicapped and differently abled individuals across all states and territories, and created strict guidelines about parking spaces and accessibility points to buildings.
By law, properties like schools, hospitals, and government buildings NEED to have available handicapped parking spaces that look like those in the picture above. They will be outlined in blue, have extra marked space so people can exit their vehicles with whatever devices or medical appliances they need, and have signage that clearly states the purpose of the space.
If you see someone without a placard parked in one of these locations, take a picture of the vehicle. Try to get a snapshot of the rearview mirror, which is where the permit needs to be hung. Copy the license plate as well. Then, check your state laws to see what infraction the person committed.
South Dakota
In the state of South Dakota, there is one main law that has been violated: 32-30-11.3. According to the legal text:
“Use of privileges by persons not entitled to them as misdemeanor–Fines. Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor.”
As a Class 2 misdemeanor, any individual who was found by a judge to have fraudulently used resources meant for disabled or handicapped individuals will be subject to a fine of no less than $100. To report the crime in South Dakota, you can speak to someone inside of the attached building or call the police non-emergency hotline.
A Caveat
Please remember that not all disabilities are visible. There are many people who have some sort of handicap but might not show it all the time. For example, someone could have a prosthetic limb but has it hidden by their clothes when getting in and out of their vehicle. Someone else might have a neurological condition or crippling pain that prevents them from walking the mandated 200 ft. to reach their destination.
If you want to report someone for misusing a disabled parking space, don’t make an assumption based on what the driver looks like and how they move. Only report abuse if it is someone parking without a placard.
How to Get a Disabled Parking Permit
If you have a disability or handicap and need a disabled parking permit, you are in luck. South Dakota has one of the easiest application processes in the United States. All you need to do is get a diagnosis from a medical physician, fill out the right paperwork, and submit the completed application to the DMV.
There is only one form to complete, which is Form MV-044. It is around three pages long and requires basic information like your name, address, and date of birth. If you have trouble holding a pen or writing, you can fill it out by typing. However, you still need to have some sort of signature.
The other most important part of the application process is getting a medical diagnosis. This is done by visiting a doctor and having them sign the form stating you have a disability or handicap and require accommodation to get around. Some examples of individuals who qualify as being disabled in South Dakota include anyone who needs portable oxygen and someone incapable of walking 200 ft. because of an orthopedic, neurological, or physical condition.
If you have trouble getting to a doctor’s office, there is still an option available. Many websites and businesses have sprung up which connect you with a physician in your state. You can speak to them online through a video chat and explain your concerns and condition. If you have paperwork from another doctor, you can show it to your matched physician. After talking, the doctor can email you signed paperwork that states you are disabled and require a parking permit. It is a good idea to utilize this type of resource if you have no one to help you get around.
Conclusion
It can be frustrating when someone uses resources that aren’t meant for them, especially if it is resources you need. While it might seem petty to report someone for using a disabled parking space when they don’t need one, it can establish that there actually are consequences. It is a simple thing for an abled person to walk 20 ft., but for someone with a significant handicap, that 20 ft. could mean the difference between getting groceries and being forced to go home instead.
Your concerns are valid. Use the resources available to you.