June 13, 1996
William O. Cooke Counsel to the Piedmont Triad International Airport
P. O. Box 187 Greensboro, N. C. 27402
Re: Advisory Opinion; Parking Meters; Handicapped Parking Spaces; G.S. § 20-37.6
Dear Mr. Cooke:
You request an advisory opinion concerning the use of parking meters on parking spaces designated as reserved for handicapped persons. Specifically, you ask if the Piedmont Triad Airport Authority (Authority) is prohibited from utilizing a parking meter to charge a properly marked handicapped (qualifying) vehicle for using a parking space. The answer to this novel question appears to depend on the purpose of the parking meter’s use and the manner in which a meter violation is enforced.
General parking privileges for handicapped drivers and passengers are governed by G.S. § 20
37.6. Subsection (a) of this statute prohibits the enforcement of a parking meter’s time restriction on a space used by a vehicle which is driven by or is transporting a handicapped person, and which displays a distinguishing license plate or a removable windshield placard. This interpretation is entirely appropriate because the statute specifically authorizes qualifying vehicles to "be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted." However, the prohibition on time restriction does not exempt qualifying vehicles from use restrictions imposed for other purposes and applicable to all vehicles (e.g., no parking, loading and unloading only, visitors only, etc.).
The statute neither authorizes nor prohibits the charging of a fee to park in a designated space. Accordingly, assuming that a parking meter is used solely for the purpose of assessing a fee for using the designated space and that no attempt is made to otherwise limit the length of time that such space is occupied by a qualifying vehicle, it does not appear that the statute would prohibit charging a fee. Care should be taken by the Authority, however, to ensure that guidelines which may be established governing proposed fees are not viewed as a mere pretext to limit parking time for qualifying vehicles, in violation of G.S. § 20-37.6.
This analysis applies equally to spaces designated as "handicapped", as well as those spaces where only time limitations on parking are in effect. Moreover, it is consistent with the apparent goal of G.S. § 20-27.6 to make parking spaces more accessible by handicapped drivers and passengers.
Your final question asks whether the Authority is prohibited from issuing a citation to the offender for failure to pay the required charge for parking in a designated space. Our review discloses that there is no specific prohibition against collecting a fee, provided that the fee does not otherwise circumvent the statutory prohibition against time limitations for qualifying vehicles. Notably, Section 5.1 of Chapter 335 of the 1995 Session Laws authorizes the Authority to "issue citations charging violations and stating the amount of the civil penalty" in connection with any violation of rules or regulations adopted by the Authority. In addition, § 5.2 recognizes that the Authority may seek collection of unpaid penalties in an appropriate court of this State.
Reginald L. Watkins Senior Deputy Attorney General
Hal F. Askins
Special Deputy Attorney General