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 West Virginia (WV), it is illegal to misuse handicap parking placards or to obstruct access to handicap accessible parking spaces and related access points. State law prohibits individuals from parking in a designated handicap space without a valid, appropriately displayed placard or license plate, regardless of whether a person with a disability is present in the vehicle. It is also against the law to use a placard or plate that is expired, to use one that was issued to another person who is not currently in the vehicle, to lend a placard to someone without a disability, or to engage in the theft, counterfeiting, or fraudulent use of handicap parking credentials. Additionally, it is a criminal offense to park in a manner that blocks access to a handicap parking space, access aisles, ramps, curb cuts, or any architectural features that facilitate access for individuals with disabilities. Violations of these regulations can result in fines, penalties, and in some cases, the revocation of the parking privileges afforded to those with disabilities. The specific statutes detailing these offenses and their penalties can typically be found in the state's vehicle or transportation codes, or within the penal or criminal codes.