Disabled Parking Citation – Improperly Designated Space
Texas Transportation Code § 681.011(f-2) provides that a peace officer may NOT issue a citation (only a warning) for parking in a disabled space if that space lacks the parking-space identification sign required by the standards in § 681.009(b). Even where the space is generally compliant, missing the upright sign with the international symbol of access defeats the citation. Equally, if the space's blue-paint markings, slope, or aisle width fail the Texas Accessibility Standards (TAS), the offence under § 681.011(a) is harder to prove. While § 681.011(f-1) bars 'the space wasn't fully compliant' as a defence if it's 'generally in compliance and clearly distinguishable,' an entirely missing or removed sign is fatal.
Legal basis
Texas Transportation Code §§ 681.011(f-2), 681.009(b); Texas Accessibility Standards (TAS)
Sample appeal wording
TO: Municipal Court of [CITY], Texas RE: Citation [NUMBER] — Tex. Transp. Code § 681.011 I move to dismiss. Pursuant to § 681.011(f-2), 'A peace officer may issue a warning but may not issue a citation for an offense under Subsection (a) or (b) to a person who stands a vehicle in a parking space or area designated specifically for persons with disabilities that does not have a parking space identification sign identifying the parking space in accordance with the requirements of the standards and specifications referred to in Section 681.009(b).' The space at [ADDRESS] [had no upright identification sign / had a sign but it failed the TAS standards in 681.009(b)]. Photographs attached. The officer was statutorily limited to a warning. I respectfully request dismissal with prejudice. Signed: ____________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Transportation Code Chapter 681
- Texas Department of Licensing and Regulation – Texas Accessibility Standards