Improper ADA Citation — Placard / Plate Misread
Maine disability registration plates and placards are issued under 29-A M.R.S. §521. Plates display the International Symbol of Access; placards hang from the rearview mirror. Citations for parking in an accessible space without authority are routinely issued in error when (a) the placard is on the dashboard rather than the mirror because the mirror is missing/damaged (statutorily authorized — §521(3)(A)); (b) the placard is held by a household member of the disabled person and the disabled person is the operator or passenger (§521(3)(C) authorizes use 'when the person with a disability is a passenger or the operator or when the driver of the vehicle is waiting for a service to be rendered to the person with a disability'); (c) the vehicle bears a Maine disability plate and the officer overlooked it; (d) the access aisle is blocked by another vehicle and the citing officer photographed the wrong vehicle. A valid placard or plate is a complete defense.
Legal basis
29-A M.R.S. §521 (Disability registration plates and placards); §1366 (parking violations)
Sample appeal wording
[DATE] [Municipality] Parking Division [Address] Re: Citation #[NUMBER] — ADA Parking Citation Issued in Error Dear Hearing Officer: I dispute citation #[NUMBER] issued [DATE] at [LOCATION] for parking in an accessible space without authority. I held a valid Maine disability [placard / plate] at the time of the alleged violation, in compliance with 29-A M.R.S. §521. [CHOOSE APPLICABLE] A. Disabled Operator: I am the registered holder of placard #[NUMBER] / plate #[NUMBER], expiration [DATE]. The placard was [hanging from the rearview mirror as required / displayed on the dashboard, the vehicle having no operative rearview mirror — §521(3)(A)]. Photographs enclosed. B. Disabled Passenger: My [relationship] [NAME] is the registered holder of placard #[NUMBER] and was a passenger in the vehicle at the time. Section 521(3)(C) authorizes display 'when the person with a disability is a passenger or the operator.' Statement of [NAME] enclosed. C. Officer Misread: The vehicle bears Maine disability plate #[NUMBER]. Photographs enclosed showing the plate clearly visible from the citing officer's vantage point. I request immediate dismissal. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL] Enclosures: Copy of placard/plate; photographs of placard display; medical verification (where applicable); statement of placard holder (where applicable)
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://legislature.maine.gov/statutes/29-A/title29-Asec521.html
- Maine BMV — Disability plate/placard application
- ADA Title II — Maine compliance