It is a criminal offense in every state to misuse a handicap parking placard—or to otherwise block access to a handicap accessible parking space, aisle, ramp, curb cut, or architectural improvement designed to provide access for people with disabilities. Misuse may take many forms, and laws vary from state to state, but it is generally a crime:
• to park a vehicle in a handicap 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 an 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.
Laws prohibiting the misuse of handicap parking placards are generally located in a state’s statutes—often in the vehicle code, transportation code, or penal or criminal code.
In Delaware, the misuse of handicap parking placards and the obstruction of handicap accessible parking spaces are addressed under Title 21 of the Delaware Code, which pertains to motor vehicles. It is illegal to park in a designated handicap parking space without a valid, state-issued handicap plate or placard. This applies even if the driver or a passenger has a disability but does not display the proper credentials. It is also a violation to use an expired placard or one that was issued to someone else who is not present in the vehicle. Lending a placard to someone without a disability, or using a stolen, counterfeit, or otherwise fraudulent placard, is against the law. Additionally, parking in a manner that blocks access to a handicap parking space, access aisle, ramp, curb cut, or any other architectural feature designed to provide access for individuals with disabilities is prohibited. Violations of these regulations can result in fines, and in some cases, may lead to more severe penalties such as community service or suspension of driving privileges.