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 New Mexico (NM), it is illegal to misuse handicap parking placards or to obstruct access to handicap parking spaces and related accessibility features. Under New Mexico Statutes, specifically within the Motor Vehicle Code (Section 66-3-16 NMSA 1978), it is a misdemeanor offense to park in a designated handicap parking space without a valid handicap placard or license plate. This applies even if a person in the vehicle has a disability but the vehicle does not display the required identification. It is also illegal to use an expired placard or a placard issued to someone else who is not present in the vehicle. Lending a placard to someone without a disability for them to use illegally, as well as stealing, counterfeiting, or forging handicap placards or license plates, are criminal offenses. Additionally, parking in a manner that blocks access to a handicap parking space, access aisle, ramp, curb cut, or any other architectural feature designed for accessibility is prohibited. Violations can result in fines, community service, and the revocation of the placard or plate.