Ask HPD: Wrongly parking in a handicapped stall

Question: If someone parks in a handicapped stall with a placard, how do you know if the person is really disabled? What is the penalty for wrongly parking in a handicapped stall?

Answer:  Anyone who parks in a spot reserved for persons with disabilities must display a permit (a placard or special plates) on the vehicle. The person must also carry the identification card when using the permit.

If the user of the permit fails to present the ID card, a citation will be issued and the permit will be confiscated

Anyone caught wrongly parking in a stall reserved for persons with disabilities can be cited.

The fine for both citations is $260.


HRS §291-57 – Parking spaces reserved for persons with disabilities; penalties

(a) Any person who uses a parking space reserved for persons with disabilities who:

(1) Fails to properly display a removable windshield placard, a temporary removable windshield placard, or special license plates;
(2) Displays an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates;
(3) Uses a removable windshield placard, a temporary removable windshield placard, or special license plate that was not issued to that person or to any passengers occupying the vehicle in the parking space; or
(4) With or without a removable windshield placard, a temporary removable windshield placard, or special license plates:

(A) Parks in an access aisle; or
(B) Obstructs the ingress or egress to a parking space reserved for a person with a disability;

shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than $250 nor more than $500 and pay any costs incurred by the court related to assessing the fine; provided that a person with a disability who has been issued a valid placard or special license plate that is currently in effect, and who has failed to display the placard or license plate while parking in a space reserved for persons with disabilities, shall pay a fine of not less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine.

(b) Any person who uses a parking space reserved for persons with disabilities and refuses or fails to present an identification card issued under this chapter or the rules adopted thereunder to an enforcement officer upon request shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than $250 nor more than $500.

(c) Any citation issued under this chapter may be mailed to the violator pursuant to section 291C-165(b). [L 1997, c 308, §2; am L 2001, c 297, §11; am L 2003, c 30, §10]

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