Just Ask Barney: Can Cities Use Volunteers to Enforce Accessible Parking?
How many times have you observed someone parking in an accessible spot with no placard or license plate, and wished that a cop would show up? Do you ever wish y ou could give the guy a ticket? Should cities empower volunteers to enforce accessible parking? Is there a downside?
The problem
It is fair to say that not every car parked in an accessible space is legally entitled to be there. “The problem is particularly acute,” according to William Edwards of the Seattle Police Department, “around hospitals, clinics and schools – locations where disabled people most often need access but find all parking spots already taken by others with – or without – placards.” Washington State currently has 1.1 million active disability parking permits, while Oregon, with a requirement for medical proof each time the driver’s license is renewed, has about 175,000 active permits.
Misuse of placards is widespread. State rules that authorize the permit for multiple years and allow little or no proof to renew have done little to curb abuse. Families may use the placard when the family member is not in the car, or even after his or her death. Phony placards have been fabricated. Doctors may authorize the permit too easily. Some drivers park in the spots with no pretense of having a disability.
At the same time, whether the person parking the car actually has a disability may not be obvious to onlookers who are unaware of non-apparent disabilities. How do you know if that driver has MS or a lung disease?
Is that car parked legally? City police and traffic departments struggle to keep up with more pressing problems. Some laws require the officer to be present when the driver leaves or returns to the car. They do the best they can.
The question
At the end of our monthly regional staff meetings with our affiliates in Idaho, Alaska, and Oregon, we open the floor to their recent challenging questions. Dave Barton, from Alaska, offered this: “I had a question from an Alaskan community that made me wonder how other cities handle this issue. They are thinking about using volunteers to enforce their accessible parking spots, and I want to help them think through all the pros and cons. What do you know about this?”
Our answer
Cities in at least 20 states have programs involving volunteers who help enforce accessible parking, and some now have almost two decades of experience. Their use is much more common than most people realize. The use of volunteers, however, raises several important questions.
Is it actually legal for a law enforcement agency to use volunteers in this manner? Can they issue citations?
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Oregon Revised Statue – 811.632 authorizes law enforcement agencies to appoint volunteers, who have the ability to issue citations.
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Washington RCW 46.16.381 requires volunteers to be at least 21 years old, and they can issue citations.
What type of role do the volunteers assume in helping enforce the rules?
Across the states, the role of volunteers in parking enforcement ranges from photographing cars parked illegally and submitting the photograph to the police department all the way to wearing a uniform and being able to issue warnings and citations. Our survey of Washington State communities using volunteers found all were allowed to issue citations. Many programs require volunteers to appear in court when requested. Some use the volunteers to educate the business community on signage requirements and parking laws. They may follow up with businesses that are out of compliance with a three-stage letter process. Volunteers may also cite abandoned cars.
What is their commitment? Is turnover an issue? What factors tend to discourage their continuing participation?
Many of the volunteer programs have a monthly commitment in hours (example, two 4-hour shifts) and require a one-year commitment. They go through background checks, and typically use their own cars. The cost of gas hurt a number of volunteer programs, while some volunteers are dismayed by how angry violators become when they get a ticket.
Do they receive training? What is emphasized? To what degree is safety a serious concern?
Training is critically important, and is mentioned in the legislation, and ranged from 4 to 32 hours. Beyond the nuts and bolts training to follow police procedures, volunteers are trained to deal with conflict management. Many receive training in CPR, First Aid, Safe Driving, Blood-borne Pathogens, and other safely issues. In some cities, volunteers work in pairs as a safety precaution. The use of more official cars/vans also seems to enhance safety, and some departments provide magnetic decals for participant cars.
Is there any cost/benefit data on the use of volunteers?
Two factors have greatly influenced the cost/benefit ratio. Tickets issued a few years ago were often for $20-$50, but now have increased to $200-$300 to emphasize the severity of the infraction. And the shift from paid police parking enforcement staff to volunteers has been beneficial to police departments. Money from citations supports the extra costs of the volunteers – insurance, uniforms, vehicles, and so on – and may also be used by the cities to pay for other disability access costs.
What is the downside of using volunteers to enforce parking rules? How do cities deal with these issues?
Some cities reported that a few of their older volunteers were so inflexible that they were more harmful that helpful. Legal liabilities were a serious concern for some, as was union opposition. In some police departments the officers were resistant to working with the volunteers, and poor cooperation resulted in weak volunteer effectiveness. The most commonly cited concern was the angry citizen who felt the ticket was not justified. Less commonly, some volunteers have overstepped their authority and caused problems, e.g., trying to arrest an angry citizen who confronted him.
Actual liability issues seem to be infrequent, and cities can provide volunteer insurance that covers law enforcement activities for this and other law enforcement activities. The alternative is to have the volunteers provide insurance coverage and offer proof to the department. One Police Department in Michigan provides medical insurance, worker’s compensation insurance and a stipend for gasoline.
References:
Using Volunteers in Handicapped Parking Law Enforcement: Report for the Kentucky Council on Developmental Disabilities (2004). http://chfs.ky.gov/NR/rdonlyres/0B29A6DB-200B-450B-8D06-97BA247452C1/150156/UsingVolunteersinHandicappedParkingLawEnforcement0.pdf
Suggestions for Enforcing Handicap Parking Laws (2010). Transportation Committee, Connecticut General Assembly. http://www.ct.gov/dmv/lib/dmv/handicapparking.pdf
Washington State Law: Special Parking for People with Disabilities – Penalties – Enforcement – Definition. http://apps.leg.wa.gov/Rcw/default.aspx?cite=46.16.381
Oregon Revised Statute 811.632, Appointment of Volunteers to Issue Citations.
https://www.oregonlaws.org/ors/811.632
May 2010 Newsletter Main Page