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The Americans with Disabilities Act (ADA) is a federal law that gives people with disabilities the right to access public programs and accommodations. The availability of and the ability to reserve disabled parking spaces for people with disabilities is essential to access. State and local laws, regulations, and rules, such as the Virginia Uniform Building Code and the Fairfax County Public Facilities Manual, set out requirements for disabled parking spaces.
Handicapped parking spaces
The ADA Accessible Design Standards (ADAAG) establish standards for accessible parking that are incorporated into state and local building codes. Accessible parking spaces must be provided in all parking areas open to the public and must be located on the shortest access route from the parking area to the entrance of the facility. The information below is primarily taken from ADAAG, but it is important to check your local building codes to ensure there are no additional requirements.
Signs
Handicapped parking spaces will be identified by a ground sign displaying the International Handicapped Symbol and the words “DMV Permit Required, Fines $100-500, Towing Zone.” The sign must be 12 inches wide, 24 inches high, and attached to a wall or post so that the bottom of the sign is no less than 4 feet nor more than 7 feet above the ground.
Spaces that are accessible for vans have an additional sign 12 inches wide and 7 inches high that reads “Van Accessible.” Please note that accessibility symbols painted on the parking lot floor are not the only way to indicate accessible spaces. It is the property owner/manager’s responsibility to post accessible parking signs that comply with current regulations. The signs will have white lettering on a blue background. Plates with Fairfax County standards are available online in the Forms section of the Fairfax County Public Facilities Manual, numbers 32A-7 and 32B-7. Additionally, requirements for posting accessible parking signs can be found in the Fairfax County Public Facilities Manual plates 32C-7 and 32CM-7.
Disabled parking signs are available from commercial sign stores, most of which also install the signs.
Location, number and size of disabled parking spaces
Handicapped parking spaces must be located on the shortest travel path to a handicapped entrance. If a building has multiple handicapped entrances and adjacent parking lots, the handicapped parking spaces must be spread out and located closest to the handicapped entrance. The law establishes a minimum number of handicapped parking spaces based on the size of the parking facility. It is also important to note that in locations with multiple parking facilities (such as shopping malls), the total number of parking spaces is not added up to determine the number of handicapped spaces. Instead, each parking facility is counted separately. Additionally, at least one of every eight parking spaces must be van accessible, and facilities with fewer than eight handicapped parking spaces must have at least one van accessible.
Access aisle dimensions, sign specifications, and access routes (including appropriate curb ramps) are all required by law. All parking spaces will be separated by a line (stripe) on each side with a minimum width of 4 inches. Universal parking spaces have a minimum width of 8 ½ feet measured from the centerline of one stripe to the centerline of an adjacent stripe.
Handicapped parking spaces
Vehicle parking spaces must have the following characteristics:
Parking space identification signs shall bear the international accessibility symbol and be installed a minimum of 60 inches above ground level, measured to the bottom of the sign.
Where an accessible path is located in front of a parking space, wheel stops shall be provided to prevent vehicles from narrowing the clear width of the accessible path to less than 36 inches.
With the exception of diagonal parking spaces, two parking spaces may share an access aisle.
Access aisles must be at least 60 inches wide and the same height and length as adjacent parking spaces. The maximum slope in all directions is 1:48, and the access aisle must connect to an accessible route to the building. Ramps must not extend into the access aisle. Parking spaces must be a minimum of 96 inches wide, marked to indicate their width, and with a maximum slope of 1:48 in all directions. Access aisle boundaries must be clearly marked to discourage parking.
Parking space for vans
Van parking spaces are the same as car parking spaces except for three features that are required for vans: A “Van Parking Space” sign and the International Symbol of Accessibility must be mounted at a height that allows the sign to be seen when the vehicle is parked.
Vehicle parking spaces, adjacent access aisles, and vehicle routes to spaces accessible to vans must have a minimum of 98 inches of vertical clearance to accommodate the height of the van. Access aisles next to van parking spaces are a minimum of 96 inches wide and level (maximum slope of 1:50 in all directions). Van parking spaces, access aisles, and vehicle routes to the van space must have a minimum of 98 inches of height clearance. Van parking spaces must be a minimum of 132 inches wide with adjacent access aisles a minimum of 60 inches wide. Van parking spaces with a minimum of 96 inches wide and adjacent access aisles a minimum of 96 inches wide are also permitted. More specific information and guidance regarding accessible parking spaces is available from the Fairfax County Department of Public Works and Environmental Services, Code Analysis Division at 703-324-1700.
Accessible placards and plates
If you have a disability that limits or impairs your ability to walk, but is expected to recover within six months, you will be issued a temporary parking permit, valid for up to six months. If your doctor certifies that your disability remains after six months, you may be issued another permit, valid for up to another six months.
Individuals with permanent disabilities that limit or impair their ability to walk or that create safety concerns while walking may obtain a permanent parking permit, valid for five years. Nonprofit organizations that regularly transport groups of people with disabilities may also obtain a permanent parking permit.
There are also license plates for people with permanent disabilities. In most cases, these plates are issued to the disabled driver, not a passenger such as a child.
Application Process
You can obtain a plate or license plate by presenting a disabled parking plate or plate application. If you are getting a permanent plate for the first time or applying for a disabled plate or temporary plate, you must attach a doctor’s certificate to your application. If you are renewing a permanent plate, applying for a permanent plate for the first time and already have a disabled license plate, or applying for a disabled license plate and already have a permanent plate, you do not need a doctor’s recertification of your disability. Those applying for a disabled veteran license plate must also submit this form.
Rights and Privileges
A disabled parking permit is issued to a person who has a disabled plate or license plate, or whose driver
Please park in a disabled parking space
You may park in a metered or time-limited space for up to four hours without paying a fee, unless prohibited by the local area (Arlington County, for example, is one jurisdiction that does not allow free parking in metered or time-limited spaces, even if they are accessible spaces).
Parking permits may vary by state and local government, and private parking lots, such as airport parking lots, may have limited parking times or free parking provisions for vehicles with disabled parking permits or license plates.
It is illegal to park in a disabled parking space without a disabled plate or license plate displayed. If convicted, you could be fined between $100 and $500.
To report the use of an expired placard or suspected fraudulent use or alteration of a placard or plate, you should call the Virginia DMV at 804-367-6602, TTY 800-272-9268.
To report a parking violation, i.e. a vehicle parked in a handicapped parking space without a valid handicapped plate or license plate, you must call the non-emergency telephone number of the local police in the jurisdiction where the violation occurred (see list below). When you call, have a description of the vehicle (make, model, color), the license plate number, location, date, and time ready.
Fairfax County: Voice/TTY 703-691-2131 City of Fairfax: 703-385-7960, TTY 703-359-2480 City of Falls Church: 703-241-5053, TTY 703-532-4489 Town of Herndon Police Department: Voice/TTY 703-435-6846 Town of Vienna Police Department: 703-255-6366
With some exceptions, housing providers must provide designated handicapped parking spaces as a reasonable accommodation for a resident’s disability. A reasonable accommodation is a change or modification of an existing rule, process, or procedure to allow a person with a disability equal use and enjoyment of the property. A request for a reasonable accommodation can be made verbally or in writing, although the latter is always preferred. A valid accommodation request must establish a connection between the person’s disability and the need for accommodation. In this case, the person seeking a handicapped parking space must demonstrate that, without the disability, they would not need a designated handicapped parking space. Housing providers may ask residents to provide documentation or justification, such as a letter from a doctor or a copy of a valid handicapped parking permit, along with the request. If an otherwise valid and reasonable request is denied, the person with a disability may seek relief from the office with the authority to enforce the Fair Housing Act.
U.S. Department of Housing and Urban Development (HUD) Office of Disability Rights Fair Housing Office 800-669-9777, TTY 800-927-9275 Fairfax County Human Rights Commission 703-324-2953, TTY 703-324-2900
Appendix 1 – Number of disabled parking spaces required
Accessible vehicle parking spaces must have an access aisle a minimum of 60 inches wide adjacent to the designated parking space to allow a person who uses a wheelchair to enter and exit the vehicle. Two parking spaces may share an access aisle.
Parking spaces that can accommodate vans must have an aisle a minimum of 96 inches wide to allow for the installation of a wheelchair lift.
As a general rule, at least one of every six accessible parking spaces must be van accessible at all times. The required minimum number of accessible parking spaces is determined by the 2010 ADA Standards.