ADA Title III, Parking with Disabled Placards/License Plates, Fines, and Illinois Human Rights Parking Requirements
Is there a new fine of $250.00 for parking in a disabled space & must the fine amount be posted?
Thank you for your question. Illinois does have a new law that raised the maximum fines for parking in an accessible parking space. The bill is HB 1316 (P.A. 94-0619 ). The fines are stated in terms of minimums and maximums, depending on the offense. Here is a summary: House Bill 1316 amends the Illinois Vehicle Code by strengthening the penalties and fines to be imposed for violating the provisions of the Code which relate to the improper use of disability license plates, parking decals or devices and/or the privileges associated with those plates, decals and devices.
Previously, a person who parked a vehicle in a space (or in a designated access aisle adjacent to a parking space) specifically reserved for persons with disabilities, as evidenced by an official sign, without displaying the registration plates or decals issued to qualified persons with disabilities was subject to a fine of $100. House Bill 1316 increases that fine to $250. Prior to HB 1316, a municipality could pass an ordinance to impose a fine of up to $200 for such a violation. A municipality may now, by ordinance, impose a fine of up to $350.
The bill states that it is no defense to such a violation that an intended accessible parking place does not comply with the technical requirements of the Code, Department of Transportation regulations, or a local ordinance, if a reasonable person would be made aware, by a sign or notice on or near the parking place, that it is reserved for persons with disabilities.
The bill also provides that an individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability or to a disabled veteran is in violation of the Code: 1) if the person using the disability license plate, parking decal or device is not the authorized holder of the license plate, parking decal or device or is not transporting the authorized holder of the license plate, parking decal or device to or from the parking location; and 2) the person uses the disability license plate, parking decal or device to exercise any privileges granted through the license plate, parking decal or device under the Code. A person found guilty of violating these provisions must be fined $500 and may have his or her driving privileges suspended or revoked by the Secretary of State.
Any person who knowingly commits and is convicted of a violation of any one of the following acts shall be found guilty of a Class A misdemeanor and fined not less than $500 for a first offense and shall be guilty of a Class 4 felony and fined not less than $1,000 for a second or subsequent offense:
- Possesses any fictitious or unlawfully altered disability license plate or parking decal or device;
- Issues or assists in the issuance of, by the Secretary of State or unit of local government, any disability license plate, parking decal or device;
- Alters any disability license plate or parking decal or device;
- Manufactures, possesses, transfers, or provides any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate, parking decal or device; or
- Provides any false information to the Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device.
A person who is convicted of knowingly transferring a disability license plate or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device, when the authorized holder is not present, shall be guilty of a Class A misdemeanor and fined not less than $500 for a first offense and not less than $1,000 for a second or subsequent offense. In addition, the Secretary of State may suspend or revoke the parking decal or device or the disability license plate of any person who commits one of the above violations.
Any person who knowingly commits and is convicted of any of the following offenses shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense:
- Possesses any fraudulent disability license plate or parking decal;
- Possesses without authority any disability license plate or parking decal or device-making implement;
- Duplicates, manufactures, sells, or transfers any fraudulent or stolen disability license plate or parking decal or device;
- Assists in the duplication, manufacturing, selling, or transferring of any disability license plate or parking decal or device; or
- Advertises or distributes a fraudulent disability license plate or parking decal or device.
With the exception of the fines for unauthorized parking in a space reserved for a person with disabilities (which were increased, not newly imposed), one half of all fines imposed for violating any of the above offenses must be distributed by the Circuit Clerk to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the fine will be divided equally between them.
Effective Date: January 1, 2006
Statutes Affected: 625 ILCS 5/2-111, 5/3-616, 5/3-704, 5/3-808.1, 5/11-1301.3, 5/11-1301.5, 5/11-1301.6, 5/12-401.
What are the requirements for designated handicap parking spaces in the State of Illinois? and Is the wheel chair accessible symbol that is usually on the ground a requirement?
Under Illinois law, the Illinois Environmental Barriers Act and the Illinois Administrative Code establish accessibility requirements and cover renovations and new construction. Under Federal law, The Americans with Disabilities Act (ADA) covers existing facilities in addition to renovations and new construction. The ADA requires that public accommodations provide accessibility where "readily achievable."
I am providing links to two Fact Sheets from the Illinois Attorney Generalís Office. The first Fact Sheet discusses the Illinois Environmental Barriers Act and can be found at http://www.ag.state.il.us/rights/environmental_barriers.html. The second Fact Sheet summarizes the parking standards. This Fact Sheet is available at http://www.ag.state.il.us/rights/accessible_parking.html.
As you can see, accessibility signs and a set number of accessible parking spaces are required. The number of spaces required is the same under the ADA and IAC. To summarize the parking standards, one accessible space is required for each 25 spaces that are available for the first 100 spaces in the parking area. Therefore, for parking areas consisting of 100 spaces, 4 should be accessible. After that, one accessible space is required for each 50 spaces that are available up to 500 spaces. If a parking area has more than 500 spaces, 2% of the additional spaces over 500 should be accessible.
Regarding parking signage, Section 400.310(c)(7) of The Illinois Accessibility Code provides:
Signage. Accessible parking spaces shall be designated as reserved for environmentally limited persons by providing a R7-8 (U.S. Department of Transportation standard) sign which contains the international symbol of accessibility (see Illustrations C and D). Such signs shall exhibit the words "$100 Fines" (or higher amount if required by local ordinance). (See Illinois Vehicle Code [625 ILCS 5/11-301 and 301.1].) Signs shall be vertically mounted on a post or wall at front center of the parking space, no more than 5 feet horizontally from the front of the parking space and set a minimum of 4 feet from finished grade to the bottom of the sign. Such signs shall be located so they cannot be obscured by a vehicle parked in the space. (ADAAG 4.6.4)
Please be aware that the dimensions for parking spaces are different under the federal and state standards. Hopefully, facilities will provide accessible parking under one of the two standards. I hope this information is beneficial. Please let me know if you have any further questions. Thank you for submitting your question.
Alan M. Goldstein
The Illinois ADA Project at Equip for Equality