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 South Dakota, the misuse of handicap parking placards and the obstruction of handicap accessible parking spaces are addressed under state law. It is illegal to park in a designated handicap parking space without the proper placard or license plate, regardless of whether a person in the vehicle has a disability. This also applies to using an expired placard or one that belongs to someone else who is not present. Lending a placard to someone without a disability who then uses it to park in a handicap space is also against the law. Additionally, creating counterfeit placards or stealing them is a criminal offense. It is equally unlawful to park 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. These regulations are typically found in the state's vehicle or transportation code, and violations can result in fines and other penalties.