RCW 46.19.050(4) — Valid Placard Defense to ADA Parking Citation
Under RCW 46.19.050(4), a person charged with parking in a disability stall without a placard 'will not be determined to have committed an infraction if the person establishes that the person operating the vehicle or being transported at the time of the infraction had a valid placard, special license plate, or special year tab.' This is an absolute statutory defense — even if the placard wasn't displayed at the moment of the citation, mere proof of validity at the time defeats the infraction (the driver must sign a perjury statement). Same defense applies to RCW 46.19.050(6) 'improper display' tickets if a valid identification card under RCW 46.19.010 is produced before the court appearance.
Legal basis
RCW 46.19.050(4); RCW 46.19.050(6); RCW 46.19.010
Sample appeal wording
TO: [COURT] RE: Notice of Infraction No. [#] Violation: ADA / Disabled Parking — RCW 46.19.050(4) or (6) I request DISMISSAL under the absolute statutory defense in RCW 46.19.050(4) [or (6)]. DECLARATION UNDER PENALTY OF PERJURY (RCW 9A.72.085): I declare under penalty of perjury under the laws of the State of Washington that the placard / special license plate / special year tab attached to this filing as Exhibit A was valid on [DATE OF INFRACTION] and was issued to me [or the person being transported] under chapter 46.19 RCW. The placard was [or, in the case of an improper display ticket, was inadvertently not fully displayed but was] valid at the time of the alleged infraction. Under RCW 46.19.050(4)/(6) I therefore have NOT committed an infraction. Dismissal is mandatory. Signed at [CITY], Washington on [DATE]. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RCW 46.19.050 — https://app.leg.wa.gov/rcw/default.aspx?cite=46.19.050
- RCW 46.19.010