From: Ashburn, Melissa Ann
Sent: Friday, September 09, 2011 1:42 PM
To: Barton, Rex
Subject: disabled parking
Rex,
There is some confusion about whether or not city courts, without criminal jurisdiction,
may hear cases for unlawful parking in spaces designated for disabled drivers.
T.C.A. 55-21-108, prohibits drivers who are not disabled from using disabled parking
spaces, but also prohibits unauthorized use of disabled parking placards and licenses. If
a person is not disabled, and uses another’s disabled driver placard, or a fake placard,
they commit a class A misdemeanor which cannot be heard in city courts. If a person
puts a disabled parking license plate on a car which is not equipped for a disabled driver,
they commit a class B misdemeanor, which likewise can’t be heard in city courts.
T.C.A. 55-21-108 does contain the following language about simply parking in such
spaces, without a placard, and it is confusing when it comes to the punishment:
(a)(1)(A) Any person, except a person who meets the requirements for the
issuance of a distinguishing placard or license plate, a disabled veteran's license
plate, or who meets the requirements of § 55-21-105(d), who parks in any
parking space designated with the wheelchair disabled sign, commits a
misdemeanor, punishable by a fine of two hundred dollars ($200), which fine
shall not be suspended or waived and, in addition, not more than five (5) hours of
community service work may be imposed. Any community service requirements
imposed by this section shall be to assist the disabled community by monitoring
disabled parking spaces, providing assistance to handicapped centers or to
disabled veterans, or other such purposes. The agreement may designate the
entity that is responsible for the supervision and control of the offenders.
Tenn. Code Ann. § 55-21-108 (West)
Clearly, city courts cannot fine a violator $200 or order community service. Although the
above language says they commit a “misdemeanor” it does not state which class of
misdemeanor.
T.C.A. 40-35-111 states the authorized fines and terms of imprisonment for felonies and
misdemeanors, and states the following:
(e) The authorized terms of imprisonment and fines for misdemeanors are:
(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29)
days or a fine not to exceed two thousand five hundred dollars ($2,500), or both,
unless otherwise provided by statute;
(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed
five hundred dollars ($500), or both, unless otherwise provided by statute; and
(3) Class C misdemeanor, not greater than thirty (30) days or a fine not to
exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.
Tenn. Code Ann. § 40-35-111 (West)
So, a class C misdemeanor is limited to a $50 fine “unless otherwise provided by
statute.” A class B misdemeanor is capped with a $500 fine, and a class A is limited to a
$2,500 fine. It appears to me that the $200 fine can either mean a class B or C
misdemeanor.
Further analysis of T.C.A. 55-21-108, and the designation of fraudulent use of disabled
placards or license plates as class A and B misdemeanors, does lead to the conclusion
that the first offense mentioned in the law, unauthorized use of the disabled parking
space, is a lesser offense, intended to be a class C misdemeanor. The fact the
legislature specified those greater offenses are subject to greater punishment supports
the conclusion that the first, lesser offense is punishable as a class C misdemeanor.
In my opinion, city courts do have the authority to hear citations for unlawful parking in
disabled parking spaces.
Melissa A. Ashburn
Legal Consultant
University of Tennessee
Institute for Public Service
Municipal Technical Advisory Service
(865)974-0411