This space, in the west parking lot of the McHenry County Government Center, has a worn-out handicap parking symbol on the pavement. There is no handicap parking sign behind the space. Compare the paint on the lane lines with the parking symbol. It would appear that the space used to be a handicap parking space.
You can see a sign on a post in this picture. (Click on the image to enlarge it; then click on the Back button on your browser to come back here.) Note that it is adjacent to the handicap parking space to the east. The post could actually be placed in the grass island directly behind the parking space.
Should pavement markings be prominent enough to be easily visible to a driver about to pull in? If they are faded and worn out, are they enforceable?
Is a sign required for the space to be enforced for handicap-only parking?
The problem?
If you get a $250 ticket and wish to fight it, then you are looking at legal fees. How much? Whether you win or lose in court, a lawyer will probably charge you $250 to defend you. If you win, then you are out the $250 for the lawyer.
If you lose, then you are looking at legal fees AND court costs, pushing the cost of that $250 ticket to well over $500. So, what would most drivers do if ticketed? They'd gripe loud and long, and then cough up the $250.
Would that be fair?
Drivers are entitled to fair warning regarding handicap parking spaces. This means adequate signing, both on the ground and on a sign. Can one sign serve two spaces? Possibly, with appropriate arrows pointing to both spaces.
It's the Woodstock Police who would enforce violations. Would they ticket a car in this space that did not display a handicap placard or license plate?
8 comments:
Umm. again, no. If you read the statute concerning handicap spots there is an exception for spots that are not well marked that goes in the state's favor ... so don't waste the money on an attorney.
Back when handicapped spots were first enacted, an attorney could get these tickets thrown out very easily ... those days are gone...
Ray -
As you said, "it goes in the State's favor". Both mine and Gus' point exactly.
I travel around with my Dad a lot now. Sometimes he and I remember his parking placard, sometimes not. Now that I am actively aware of the situation, can't tell you how many spaces are both/either poorly marked, or idiotically and/or ambiguously signed and marked.
Your comment indicates that you're willing to give up. Perhaps I would too, but now when travelling with Dad, sometimes I have no idea what to do. I don't care for myself, but I do care about Dad.
Could it be that signs are poorly placed, and pavement markings left to rot, simply because of the law as being the State's favor?
If we truly care about our "greatest generation" seniors, can we not even rely on proper signage and pavement markings if only to encourage our deserving seniors to CONFIDENTLY make use of the very privilege we all wish to grant them?
While it affects neither you nor I directly, I can honestly say that all too often Dad doesn't even know what the f*ck to do anymore either!
MY PET PEEVE>>>>I see people all the time park in the Handicap spot and RUN into the store. I often call them out and usually I get the "But I'm only going to be a minute."
Call the police and you get the We'll notify the officer and see if he can check it out.I waited one day for 15 inutes anmd the police never arrived and the car departed. They should enforce this tougher.
The other issue is the person that parks there and sits never leaving the car while someone else shops. Misuse of Handicap placards is rampant. .
Ray,
You’re an attorney you should dig a little harder for your clients. The signs must be a conforming R 7-8 sign adopted by the United States Department of Transportation. If you read the code it specifies how large, how high and how the sign must be mounted. The pavement is immaterial as road salt, snow or litter could cover the road markings. Note the fine. That is now $250.00 but the SOS has failed to upload the new revisions to all the fine statutes.
(625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
Sec. 11-301. Department to adopt sign manual.
(a) The Department shall adopt a State manual and specifications for a uniform system of traffic-control devices consistent with this Chapter for use upon highways within this State. Such manual shall include the adoption of the R 7-8 sign adopted by the United States Department of Transportation to designate the reservation of parking facilities for a person with disabilities. Non-conforming signs in use prior to January 1, 1985 shall not constitute a violation during their useful lives, which shall not be extended by other means than normal maintenance. The manual shall also specify insofar as practicable the minimum warrants justifying the use of the various traffic control devices. Such uniform system shall correlate with and, where not inconsistent with Illinois highway conditions, conform to the system set forth in the most recent edition of the national manual on Uniform Traffic Control Devices for Streets and Highways.
(b) Signs adopted by the Department to designate the reservation of parking facilities for a person with disabilities shall also exhibit, in a manner determined by the Department, the words "$100 Fine".
(c) If the amount of a fine is changed, the Department shall change the design of the signs to indicate the current amount of the fine.
(Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)
Tyler...keep calling. Also there is a provision for VOLUNTEER enforcement. Much like the Grey Panthers. Read the law.
(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. Appointed volunteers and contracted entities; disabled person parking violations.
(a) The chief of police of a municipality and the sheriff of a county authorized to enforce parking laws may appoint volunteers or contract with public or private entities to issue parking violation notices for violations of Section 11-1301.3 or ordinances dealing with parking privileges for persons with disabilities.
I tried to post but the page refused to open for me. Keeps saying internal error. (Trying again)
Yes there are numerous laws pertaining to disabled parking and a few years ago there was a group of advocates for handicapped people that got the law changed allowing volunteers. I think it was a good thing but it never caught on out this way.
Unknown, this law about volunteers must be one of the best-kept secrets in Illinois and, certainly, in McHenry County. Thanks for bringing it out into the open.
I can see it now. Gus will be driving the parking lots with his ticket book. Well maybe that will keep him off the funny pages haunting the local police.
Dear Unknown: I should dig a little deeper for my clients?... wow, hey thanks for the snark ... I don't represent people for parking tickets ... so these are by definition not my clients ... and I knew about the law off the top of my head ... I know ... I'm that good.
And secondly ... you cited the exact statute that I alluded to ... the law has an exception, as I said, which makes a challenge to the parking spot hard to win ... exactly as I said ... (Which is exactly the opposite side of the argument that DBTR put my on ... thanks, have another beer on me, cuz DBTR has obv been drinking, again.)
and lastly ... the secret chief of police appointment law ... is just that, a law that is never used ... why don't you ask the chief of police for one of these appointments so you will have something else to complain about ... because of my psychic powers I predict ... he won't appoint anyone .. and hasn't eventhough the law has been on the books for years.
*And just so it is crystal clear, I think that trolling around looking for violations of the law is not the most productive activity, just sayin.
**I am not going to respond to Unknowns response to this post because I don't generally respond to anonymous posters DBTR is an exception (cheers!)
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