Legal Question in Traffic Law in North Carolina
Sign R7-8 signifies parking for disabled people. If you want to call it a "handicapped" parking sign, then sure. If a sign on public university property that is intended to signify a parking space for disabled people does not conform to the standards of the MUTCD and sign R7-8 specifically, keeping in mind GS 20-4.01, 136-30, and 20-37.6, along with MUTCD Section 2B.02, is the sign enforceable? In other words, if someone parked in one of these accessible parking spaces without a placard in a public university parking lot where a non-conforming sign was found, could a fine be assessed? It seems that according to the law, the persons responsible for a non-conforming sign should be assessed a fine, rather than the person parking at one of these signs. In other words, a fine cannot be assessed to the person parking because they do not violate a law since the sign is not pursuant to the law. And if this is not the case, why?
1 Answer from Attorneys
Why would I want to call it anything else? Calling it something soft and euphemistic like 'disabled parking' won't make it any more or less what it is or the abilities of the people that park there any more or less restricted. Sign R7-8 is a handicapped parking sign. See this quote from the Federal MUTCD "R7-8 FEDERAL HANDICAP PARKING SIGN". Handicapped is defined as - having a condition that markedly restricts one's ability to normally function physically, mentally, and / or socially. (synonyms disabled). So yes, I call it 'handicapped'.since that's the way state and federal laws refer to it and that is what it is. "Designation of parking spaces for handicapped persons on streets and public vehicular areas shall comply with G.S. 136-30. So the sign is required to comply EXCEPT for private property - "The owner of private property that contains a public vehicular area may place on the property a sign designating a parking space for handicapped persons that differs in material and color from the uniform sign but does not differ in shape, size, or any other way from the uniform device." Basically, the law requires the handicapped sign to comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation, and any supplement to that Manual adopted by the North Carolina Department of Transportation except for private property where the sign may differ in material and / or color but in no other way. So now the questions become: 1) is the University Parking lot considered 'private property'? and 2) does the handicapped sign differ by material and / or color only? If the answer to question one is no, then question 2 is irrelevant and the sign is likely not enforceable. If the answer to question 1 is yes, then we move to question 2. If the answer to question 2 is yes, then the sign is likely enforceable if the answer is no the sign is likely not enforceable. However, all this technically legal crap aside, even if the sign was a piece of cardboard with the words 'handicapped parking' scrawled on it misspelled and in purple crayon - assuming the sign was at least visible and understandable, only a jerk would park there and only an even bigger jerk would try to avoid the fine if busted.