Frequently Asked Questions about Parking

• Who can park in accessible parking spaces?
• What are the laws regarding who can park in accessible parking spaces?
• How do I apply for a special license plate or parking placard?
• How does the Americans with Disabilities Act relate to parking?
• How do I create an accessible parking space?
• How many accessible spaces are required in parking lots?
• Who has the authority to investigate violations of Texas parking law?
• File a complaint

Who can park in accessible parking spaces?

Texas laws require businesses and government offices to reserve spaces for certain people with disabilities. To park in one of these spaces, a car must display one of the following:

• A special license plate with the symbol of accessibility;
• A red or blue parking placard that hangs down from the car's rear-view mirror;
• or a "Disabled Veteran" license plate.
• Disabled Veteran plates are not required to have the International Symbol of Accessibility.

License plates with the symbol of accessibility are available for no extra cost, however, the Texas Department of Transportation charges $3 for a "disabled veteran" license plate and $5 for each parking placard. Individuals can receive up to two parking placards, or one license plate and one parking placard. Placards for people with permanent disabilities expire after four years.

License plates are available for motor vehicles with a capacity of two tons or less. License plates are valid as long as the person owns the vehicle, but plates are usually reissued after eight years. Plates should be removed from the vehicle when it is sold. An individual may receive additional license plates for each vehicle they own that is modified to accommodate a disability.

Individuals with foreign or out-of-state parking placards or license plates can park in accessible parking spaces in Texas. Texans can also use their placards or license plates to park in all other states as well.

Texas law also defines which individuals can obtain the necessary plates or placards to use accessible parking spaces. There are five groups of people who qualify to park in accessible parking spaces:

People with mobility disabilities: Texas law defines a person with a "mobility disability" as someone who needs a device to assist them in walking, such as a wheelchair or a walker or a cane or a prosthetic limb. These individuals can receive special license plates and/or a blue parking placard.

People with other disabilities: This includes people who are legally blind, people who have severe cardiac or respiratory impairments, people who use portable oxygen, and people with other impairments that limit their ability to walk. These individuals can receive special license plates and/or a red parking placard.

People with temporary disabilities: People who have temporary disabilities that impair their walking - such as a broken leg - can receive a temporary red or blue parking placard that expires after six months.

Veterans with disabilities: People who have a 50% VA service-connected disability, or who are surviving spouses of a veteran with such a disability rating, may purchase special "disabled veteran" license plates from the Texas Department of Transportation. Texas law allows people with "disabled veteran" plates to park in accessible parking spaces.

People who operate residential facilities for people with disabilities: Texas law allows residential facilities that serve people with disabilities, including facilities that serve veterans, to receive license plates and/or blue placards for vans or buses that transport people with disabilities.

How do I apply for a special license plate or parking placard?

1. Obtain the proper form.
   Individuals who wish to apply to receive plates and/or placards must fill out Texas Department of Transportation form VTR-214. The form can be obtained from the county tax assessor/collector's office, and is also available online at the TDOT website.
2. Fill out the top part of the form.
   Choose the type of placard and/or plate you're applying for, then provide your name, signature, driver's license or identification card number, the date, and your address. If you're applying for license plates, fill out the information about your car. Do not fill out the bottom half of the form.
3. Visit your physician or podiatrist.
   A physician or podiatrist must fill out the bottom of the form and must sign the form. The physician or podiatrist must be licensed in Texas, Arkansas, Oklahoma, Louisiana, or New Mexico, or else be an employee of the Veterans Administration. The signature must be notarized unless the physician or podiatrist attaches a separate written original prescription on a prescription form or on his letterhead. A podiatrist may complete the form only if the applicant has a disorder of the foot that limits mobility.
4. Return the form to the county tax assessor/collector in the county where you live.
   If you don't know where your county tax assessor/collector's office is located, the Texas Department of Transportation maintains a list of county tax assessor/collectors on their website, with addresses and telephone numbers. To access the name and telephone number of your local county tax assessor/collector, please visit the Vehicle and Title Registration page of the TDOT website.

If your plates or placards expire, or are lost or stolen, you must complete a new form. However, people with permanent disabilities do not have to have a physician sign subsequent forms.

What are the laws regarding who can park in accessible parking spaces?

Texas law provides that a vehicle may be parked for an unlimited period in a parking space that is designated specifically for persons with physical disabilities if the vehicle is being operated by or for the transportation of a person with a disability, and if the vehicle displays the appropriate plate or placard. Texas law also provides that a vehicle operated by or for the transportation of a person with a disability and displaying the appropriate plate or placard may park for free at a parking meter for an unlimited time.

However, Texas law no longer allows individuals with disabilities who display a plate or a placard to park for free at government-owned parking lots (such as at airports or parking garages) unless the government entity passes an ordinance allowing such free parking. Texas law allows individuals to park using placards and plates from other states and foreign countries; and Texas placards and plates are recognized by all other states.

Texas law allows parking placards to be removed and displayed in any vehicle used for transportation of a person with a disability. People with disabilities can apply for placards even if they do not own a car.

It is a violation of Texas law:

• To park a vehicle in an accessible parking space without displaying the appropriate plate or placard, even if a driver or a passenger of the vehicle has a disability;
• To park a vehicle in an accessible space when neither the driver or any passenger has a disability, even if the vehicle displays the appropriate plate or placard;
• To park a vehicle with a placard or plate that is expired;
• To park a vehicle with a placard or plate that belongs to someone who is not a driver or a passenger in the vehicle;
• To lend a parking placard to an individual without a disability who uses that placard to violate state law;
• To steal or counterfeit a parking placard or license plate;
• To park a car in such a way that it blocks access to a accessible parking space, an access aisle, or any architectural improvement that provides access for people with disabilities, such as a ramp or a curb cut.

Violations of these laws are punishable by the seizure of the parking placard and by fine, in the following amounts:

• First offense: $250-$500
• Second offense: $300-$600
• Third offense: $300-$600
• Fourth offense: $500-$1000, plus 20-50 hours of community service
• Fifth offense: $1000, plus 50 hours of community service

How do I create an accessible parking space?

The Texas Accessibility Standards (TAS) regulate the size and placement of accessible parking spaces. The Texas Department of Licensing and Regulation (TDLR) is the state agency responsible for enforcing the TAS, which covers a wide range of accessible building components. The TAS has been certified as being equivalent to the Americans with Disabilities Act (ADA) standards, so parking spaces constructed using the TAS are also compliant with the federal ADA standards.

TAS guidelines pertaining to parking are available at:
http://www.license.state.tx.us/ab/tas/abtas4.htm#4.1.2
http://www.license.state.tx.us/ab/tas/abtas4a.htm#4.6

The TAS requires that:

• A minimum number of accessible parking spaces must be provided, consistent with the chart below. At least one out of every eight spaces, but no less than one, must be made van-accessible.
• Accessible parking spaces must be located on the shortest accessible route of travel to an accessible entrance. If there are multiple accessible entrances, the accessible parking spaces shall be dispersed and located closest to the accessible entrances.
• Parallel parking is discouraged unless it can be situated so that persons entering and exiting vehicles will be out of the flow of traffic.
  Accessible parking spaces must be at least 96 inches (2440 millimeters) wide.
  Each accessible parking space must have either an access aisle at least 60 inches (1525 millimeters) wide or a van-accessible aisle at least 96 inches (2440 millimeters) wide.
• Parking spaces and access aisles must be level, with a maximum allowable slope of 2% in all directions.
• Each accessible parking space shall be designated as a reserved space with a sign showing the symbol of accessibility. Designated van-accessible parking spaces must have an additional "Van-Accessible" sign mounted below the symbol of accessibility.
• Signs shall be located 60 Inches (1525 millimeters) above the ground.
  Covered parking must provide a minimum vertical clearance of 114 inches (2895 millimeters) at entrances, exits, passenger loading zones, and along at least one vehicle access route.
• Covered parking must provide a minimum vertical clearance of 98 inches (2490 millimeters) at all van-accessible spaces.
• Passenger loading zones shall provide an access aisle at least 60 inches (1525 millimeters) wide and 240 inches (6100 millimeters) long parallel to the vehicle pull-up space.
• Two parking spaces may share the same access aisle.
  

This chart shows the minimum number of accessible parking spaces that are required by the TAS. This chart applies to all businesses and government agencies required to be accessible by the TAS, with two exceptions. Outpatient medical facilities must make 10% of all parking spaces accessible. Medical facilities that specialize in treatment or services for persons with mobility impairments must make 20% of all parking spaces accessible.

Texas law also requires that, if a building is newly constructed or substantially altered, the building owner designate spaces for the exclusive use of people with blue parking placards. All van-accessible spaces must be designated as "blue placard only" spaces. The following chart details the number of "blue placard only" spaces required by Texas law:

Required Minimum Number of Accessible Parking  Spaces	Required Number of "Blue Placard Only" Accessible Parking Spaces	Required Number of   Non-Color-Coded Accessible Parking Spaces
1	* No color-coding required
2	1	1
3	1	2
4	2	2
5	2	3
6	3	3
7	3	4
8	4	4
9	4	5
10	5	5
All even numbers greater than 10	One-half	One-half
All odd numbers greater than 10	The largest whole number less than half of the total number required	One more than the number of "blue placard only" spaces required

How does the Americans with Disabilities Act relate to parking?

The Americans with Disabilities Act of 1990 is the world's first civil rights act for persons with disabilities. The ADA has several different provisions that touch on different accessible parking issues.

• Employment: The ADA requires that businesses provide "reasonable accommodations" for employees with disabilities. In certain circumstances, employees with disabilities may require parking accommodations. Such accommodations could include a reserved parking space, a covered parking space, or transportation assistance from a remote parking lot. However, an employer is not required to provide an accommodation that would result in lesser access for members of the public, i.e., allowing an employee to park in an accessible space that is reserved for customers with disabilities.
  
  
• Program Access: The ADA requires that state and local government entities provide access for all their programs and services. In certain instances, this may require the government to provide parking spaces in excess of the ADA requirements. For example, if a city were to sponsor a wheelchair race, it may need to provide additional temporary van-accessible spaces.
  
  
• Readily Achievable:The ADA requires that buildings built before 1991 must remove architectural barriers that are "readily achievable". "Readily achievable" means that the barrier can be removed easily, and with little cost. A Department of Justice publication on parking stated that for most businesses, restriping parking lots to include accessible parking spaces was "readily achievable in most cases."
  
  
• Maintenance and Enforcement:ADA compliance is an ongoing responsibility. Business and government entities that are required to provide accessible parking must continue to ensure access to such parking. For example, the Department of Justice required one Massachusetts restaurant chain to fix a pothole in an accessible parking space, arrange for the prompt removal of snow and debris blocking accessible parking spaces, and "police the use of the parking spaces to insure that they are available for the use of individuals with disabilities, and are not being used by other individuals."

Who has the authority to investigate violations of Texas parking law?

If a person violates the Texas law regarding parking in accessible spaces, the local law enforcement agencies have the authority to issue tickets. Additionally, some communities have volunteers who enforce parking laws.

If a business, government agency, or other place of public accommodation violates the law regarding the construction of an accessible parking space, individuals may file complaints with the Texas Department of Licensing and Regulation, the state agency with responsibility to enforce the Texas Architectural Barriers Act. To file a complaint with TDLR, please contact:

Texas Department of Licensing & Regulation
Architectural Barriers Section
PO. Box 12157
Austin, Texas 78711
(800) 803-9202
(512) 475-2886 (Fax)

Get the TDLR complaint form

The Department of Justice also has the authority to enforce the parking provisions of the Americans with Disabilities Act. To file a complaint with the Department of Justice, please contact:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 514-0301 (voice)
(800) 514-0383 (TTY)
(202) 307-1198 (fax)

Additionally, the federal Fair Housing Act may require the owner of a multi-family residential property to provide accessible parking. A tenant with a disability may ask the owner to create an accessible parking space so that they can access their apartment. Under the Fair Housing Act, property owners are required to provide "reasonable accommodations" to tenants with disabilities. A request for an accessible parking space would be considered as a "reasonable accommodation", unless it would be difficult or impractical to provide such a space. If an owner of a multi-family residential property refuses to honor a request by a tenant with a disability to install an accessible parking space, the Texas Committee on Human Rights has the authority to investigate. TCHR is the state agency responsible for enforcing the Fair Housing Act.

To file a complaint with that office, please contact:

Texas Commission on Human Rights
PO Box 13006
Austin, Texas 78711-3006
(888) 452-4778 (voice)
(512) 371-7473 (TTY)
(512) 437-3478 (fax)

Additionally, Fair Housing Act complaints may also be filed with the U.S. Department of Housing and Urban Development. To file a complaint with that office, please contact:

U.S. Department of Housing and Urban Development
1600 Throckmorton, Room 502
Fort Worth, Texas 76113-2905
(817) 978-9270
(817) 978-9274 (TTY)