Could a disabled driver with a placard park in a designated space at the University of South Carolina?

Plain-English summary

A senator asked whether someone displaying a disability tag could still be ticketed in a designated space at the University of South Carolina. The AG read the 2004 parking statutes to allow a vehicle bearing the required plate or placard to park there when the driver was disabled or transporting a disabled person. The privilege did not extend to a person who was neither disabled nor transporting someone disabled.

The opinion separately noted that the placard had to be displayed on the driver's side dashboard to give the vehicle the same privileges as a qualifying license plate. It addressed the statutory entitlement, not a particular ticket or how a particular parking officer acted.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a driver with a qualifying placard use an accessible space on the USC campus?
A: The AG said yes when the vehicle displayed the placard as the statute required and the driver was disabled or transporting a disabled person.

Q: Did a displayed placard let anyone use the space?
A: No. The opinion quoted the statutory ban on a person who was not disabled and was not transporting a disabled person claiming the privilege.

Q: Where did the statute say to display the placard?
A: The provision quoted by the AG specified the driver's side dashboard for a vehicle using the placard in place of a distinguishing plate.

Background and statutory framework

Section 56-3-1960 set out parking privileges for eligible people and vehicles displaying a qualifying license plate or placard. Section 56-3-1970 prohibited use of a designated space without the plate or placard and prohibited use of the privilege by someone who did not qualify. The AG applied those provisions to the senator's university parking question.

Citations

• Section 56-3-1960
• Section 56-3-1970

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-10-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04fmarch10knotts.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY M CMASTER

March l 0, 2004

AlTORNEY GENERAL

The Honorable John M. Knotts, Jr.
Senator, District No. 23
Post Office Box 142
Columbia, South Carolina 29202

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Dear Senator Knotts:
In a letter to this office you indicated that it is your information that an individual will be ticketed for parking in a handicapped space at the University of South Carolina even if that individual has a handicap tag posted within the vehicle. You asked for clarification of the handicapped parking law in this State. S.C. Code Ann. Section 56-3-1960 (Supp. 2003) provides that ( l) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking spaces without being subject to parking fees or fines. This section bas no appl ication to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section, Section 56-3-1910, or Section 56-3-1110, for vehicles registered to the disabled person.

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(2) Any agency, organization or facility that transports a disabled or handicapped person or any person who is handicapped as defined in this article may apply to the department for issuance of a temporary or permanent distinguishing placard to be designed by the department...The placard must be used on vehicles transporting the disabled person in lieu of the distinguishing license plate issued pursuant to subsection (1) of this section. When the placard is displayed on the driver's side dashboard of a vehicle, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (1) of this section are applicable to the vehicle. S.C. Code Ann. Section 56-3-1970 (Supp. 2003) provides that

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POST OFFICE Box ll 549

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The Honorable John M. Knotts, Jr.
Page2
March 10, 2004

(i)t is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960. (i)t is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.

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Consistent with such provisions, an individual whose vehicle displays a distinguishing license plate or placard as specified in Section 56-3-1960 is authorized to lawfully park in any parking place clearly designated for handicapped persons. However, such authorization does not apply to a person who is not handicapped or who is not transporting a handicapped person. Therefore, as to your situation, an individual can lawfully park in a handicapped space at the University of South Carolina if that individual has the referenced handicapped license plate or placard posted within the vehicle as long as that person is handicapped or transporting a handicapped person. With kind regards, I am,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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~obert D. Cook

Assistant Deputy Attorney General