OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 391 Bill Analysis
135th General Assembly
Click here for H.B. 391’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Wiggam and Lipps
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
Accessible parking laws
 Reorganizes and clarifies the laws related to the issuance of accessible license plates,
removable windshield placards, and accessible parking spaces.
Accessible parking enforcement
 Removes many of the criminal penalties for violations of the accessible parking laws and
replaces the criminal penalties with civil penalties.
 Creates a state-wide civil enforcement system for issuing tickets for accessible parking
violations.
 Creates a Volunteer Accessible Parking Enforcement Force (VAPEF) trained by the
Director of Public Safety through a program established by the Director.
 Authorizes local law enforcement agencies to utilize VAPEF volunteers to record and
submit photographic evidence of accessible parking law violations for local law
enforcement to use through the civil accessible parking law enforcement system
established by the bill.
 Increases the current (criminal) fines for violating the accessible parking laws, which range
from $250 to $500, to civil fines ranging from $250 to $750, depending on prior violations.
 Makes knowingly blocking an access aisle and preventing a person from entering or
exiting his or her vehicle a third degree misdemeanor.
 Redirects fine money collected from accessible parking violations from 100% local
distribution (but restricted to specified purposes) to 50% local distribution (with no
restriction on usage) and 50% to the newly created Accessible Parking Violations Fund.
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 Requires 25% of the newly created fund to be used by the Director to administer the
volunteer program, to collect data related to accessible parking violations, and to assist
local law enforcement in enforcing the accessible parking laws.
 Requires 75% of the fund to be used by the Director of Education and Workforce to
provide annual grants to a nonprofit corporation that creates, expands, and oversees
interscholastic adaptive sports specifically for youth with physical disabilities.
Accessible parking violations
 Modifies and clarifies the current prohibition related to illegally parking in an accessible
parking space or access aisle.
 Adds a prohibition against a person parking in an accessible parking space if the person
who is disabled will either be dropped off and picked up at the entrance to the building
or left in the motor vehicle.
 Adds a prohibition against blocking ramps, curb cuts, accessible routes, and other access
points.
Accessible parking spaces
 Modifies and clarifies the current laws surrounding who must provide accessible parking
and the accompanying signage.
 Adds the requirement that accessible parking spaces, curb cuts, and access points must
be maintained by removing unreasonable obstructions within a specified period of time
or providing other suitable alternative arrangements.
Accessible license plates and removable windshield placards
 Modifies and clarifies current laws pertaining to the application, issuance, and
appearance of accessible license plates and removable windshield placards.
 Modifies and clarifies the accompanying authorizations and requirements for properly
using the plates and placards, and the prohibitions and penalties for the misuse of the
plates and placards.
 Changes the requirements that apply to health care providers when verifying that a
person is eligible for an accessible license plate or placard.
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TABLE OF CONTENTS
Accessible parking laws................................................................................................................... 3
Introduction................................................................................................................................. 3
Volunteer Accessible Parking Enforcement Force ...................................................................... 3
Civil enforcement system ............................................................................................................ 4
Penalty changes........................................................................................................................... 5
Modification of accessible parking violations................................................................................. 8
Accessible parking spaces ............................................................................................................. 10
Accessible license plates and removable windshield placards ..................................................... 11
Technical changes ......................................................................................................................... 17
DETAILED ANALYSIS
Accessible parking laws
Introduction
Under current law, it is illegal to park a vehicle in a parking space that is designated
specifically for a person with a disability that limits or impairs the ability to walk unless the person
parking qualifies to use the space. However, enforcement of these parking regulations is often
difficult because law enforcement resources are spread thin and tickets must be handed directly
to violators. To address the problems with enforcement, the bill expands the penalties and the
available means for enforcement of violations of the accessible parking laws, including the
creation of a Volunteer Accessible Parking Enforcement Force and a civil penalty system.
Volunteer Accessible Parking Enforcement Force
The bill creates a new parking enforcement group of volunteers, trained by the
Department of Public Safety, specifically authorized to submit photographic evidence of
violations of the accessible parking laws to local law enforcement. The volunteers for the
Volunteer Accessible Parking Enforcement Force (VAPEF) must be at least 21, have no prior felony
convictions, and successfully complete a training program established by the Department. During
the training program, the Department must train the volunteers on the general administrative
rules, statutory laws, and proper procedures governing the VAPEF, the role of the judicial system
as it relates to parking regulation and enforcement, as well as other skills they might need for the
volunteer role (e.g., personal safety and ethics, human interaction, first aid, etc.).
After successful completion of their training, local law enforcement agencies may utilize
the volunteers to record and submit photographic evidence of accessible parking law violations.
Local law enforcement may use this evidence to issue tickets through the civil accessible parking
law enforcement system established by the bill (see “Civil enforcement system” below). A
volunteer is not authorized to issue tickets or citations for the violations. A volunteer assumes all
liability for participating in the training program and working with local law enforcement. The
volunteer must sign a form, created by the Department, that holds the state, including the
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Department, and the local jurisdiction and law enforcement agency harmless from any damage
claims resulting from the performance of assigned duties.1
The Department must track the number of volunteers trained through the program and
the expenses incurred by the Department in administering the program. The Director may adopt
any rules necessary to establish and administer the training program.2
Civil enforcement system
Under current law, parking regulations and enforcement are left primarily to local
governments. State law establishes criminal penalties for violations of general and accessible
parking requirements. It also establishes a local option for civil penalties.3 The bill retains the
criminal penalties for general parking violations, but makes the majority of accessible parking
violations a civil violation with corresponding civil penalties.4 Additionally, the bill creates a new
civil enforcement system, similar to the civil red light and speed camera system.5 Local
governments can either continue to use their current civil penalty process or use the new system
created by the bill.6
Under the new civil enforcement system created by the bill, when a law enforcement
officer witnesses an accessible parking law violation, the officer may issue a civil ticket for the
violation. The officer must take at least one picture of the violation that demonstrates that a
violation occurred. The picture also must include an image of the motor vehicle and the license
plate. If the operator of the motor vehicle is present at the time, the law enforcement officer
may issue the ticket personally to the operator. If the operator is not present, then the officer
may issue a ticket and must leave a copy of the ticket on the vehicle addressed to the owner of
the vehicle. Upon issuing a ticket, an officer must submit the original and the photos to the
applicable law enforcement agency.7
In addition to the actions of law enforcement, the bill also authorizes a volunteer of the
VAPEF (if authorized by the local law enforcement agency) to take photos of an accessible parking
violation witnessed by the volunteer. The volunteer must ensure that any photos capture the
motor vehicle, the license plate, the location of the violation, and demonstrate that an accessible
parking law violation occurred. The volunteer must submit the photos to the law enforcement
agency utilizing the volunteer within 24 hours of the witnessed violation.8
1 R.C. 4511.694.
2 R.C. 4511.694(G).
3 R.C. 4511.69 and Chapter 4521.
4 R.C. 4511.692.
5 R.C. 4511.694 through 4511.699.
6 R.C. 4521.01 and 4521.02.
7 R.C. 4511.695 and 4511.696.
8 R.C. 4511.696.
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After submission of the ticket to the law enforcement agency, the process unfolds
similarly to the process for other civil traffic tickets. If the operator was not present when the
ticket was issued, the agency must find the record owner of the motor vehicle. Within 30 days of
the parking violation, the agency must mail a ticket either to the operator or to the owner of the
motor vehicle (if the operator at the time of the violation was not known). A certified copy of the
ticket must be filed with the municipal court, county court, or parking violations bureau with
jurisdiction in that area. The ticket must contain specified information pertaining to the details
of the violation and the process the recipient must take to either admit to liability and pay the
civil penalty or disclaim liability through either an affidavit or personal appearance in court.
Generally, a person may disclaim liability by providing, through an affidavit, the following
information:
1. A statement that either the owner, the operator, or the person being transported in the
motor vehicle, at the time of the violation, had a valid accessible license plate or
removable windshield placard, but the owner or operator neglected to display the valid
or the correct license plate or placard at the time of the violation;
2. If the ticket is issued to the registered owner, a statement that another person was
operating the vehicle at the time of the violation; or
3. A statement that the motor vehicle was stolen at the time of the violation. The person
must submit a police report regarding the stolen vehicle along with the affidavit.9
If liability is disclaimed, either the law enforcement agency must issue a new ticket to the
operator of the vehicle at the time of the violation, or the court must determine liability through
a hearing.10
Penalty changes
Generally, the bill replaces the current criminal penalties under state law for accessible
parking violations with civil penalties. Additionally, the bill redirects the money collected from
the tickets issued for accessible parking violations to the Accessible Parking Violations Fund,
created by the bill. The changes to the penalties are summarized in the table below.
Table 1: Penalties for accessible parking violations
Current law Under the bill
Penalties
Illegally parking in an accessible parking space – Illegally parking in an accessible parking space –
Results in the following criminal penalties: Results in the following civil penalties:
1. Misdemeanor; 1. For first offense: $250;
9 R.C. 4511.696 through 4511.698.
10 R.C. 4511.699.
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Table 1: Penalties for accessible parking violations
Current law Under the bill
2. Fine between $250 - $500; 2. For second offense: between $250 -
$500;
3. No jail term and violation is not part of
the offender’s criminal record (not 3. For third or subsequent offense:
reportable for license or employment between $500 - $750. R.C. 4511.692(A)
purposes). R.C. 4511.69(J)(2)(a) and (b). and (G)(1).
Affirmative defenses – Person charged with Affirmative defenses – Person charged with
violation may make the following affirmative violation may make the following affirmative
defenses: defenses:
1. The person had a valid identification 1. Same, but must provide the
authorizing accessible parking (e.g., a identification within 30 days of receiving
removable windshield placard), but the ticket; possible $100 fine eliminated.
failed to display it on the vehicle at the R.C. 4511.692(G)(2).
time of the violation – may still result in
2. No provision.
a $100 fine. R.C. 4511.69(J)(2)(a)(i) and
(ii).
2. The person suffered an injury less than
72 hours prior to the violation that
would qualify that person to receive
accessible parking privileges.
R.C. 4511.69(F)(1)(c).
Illegally parking in an access aisle – Results in the Illegally parking in an access aisle – Results in the
following criminal penalties: following civil penalties:
1. Fine between $250 - $500; 1. For first offense: $250;
2. No jail term and violation is not part of 2. For second offense: between $250 -
the offender’s criminal record (not $500;
reportable for license or employment
3. For third or subsequent offense:
purposes). R.C. 4511.69(J)(3).
between $500 - $750. R.C. 4511.692(D)
and (G)(1).
However, if the offender knowingly parks in the
access aisle and the offense prevents a person
with a disability that limits or impairs the ability
to walk from being able to enter/exit his or her
vehicle, the offense is known as unlawful
restraint of a person with a disability, which is a