Accessible Parking Permet - HTA S27(1)(b) | GTAMotorcycle.com

Accessible Parking Permet - HTA S27(1)(b)

LannyNguyen

LannyNguyen

Well-known member
Just throwing this out to see if I have any luck.
Anyways, the permit is real, it's not under my name but a family members'.
Parked in an area where I thought you didn't need to pay, but the permit was visible on dash.
Parking enforcement seized the permit, and issued me a summons and also a $30 fail to display receipt.
How would I fight this?
I am guilty for the failure to display receipt, but how about HTA 27(1)(b)?
 
Was the owner of the permit in the car with you at the time?

Here's O.Reg 581:

6. (1) An accessible parking permit ceases to be in force if the holder of the permit ceases to be a person with a disability. O. Reg. 612/05, s. 3; O. Reg. 308/10, s. 6 (1). (2) An accessible parking permit issued to an individual is not valid when it is displayed on a vehicle if,

(a) the vehicle is not being used to pick up or transport the holder of the permit; or

(b) the accessible parking permit is a traveller permit and is being used in locations or circumstances not specified on the permit. O. Reg. 612/05, s. 3; O. Reg. 113/08, s. 4 (1); O. Reg. 308/10, s. 6 (2).
 
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No the owner of the permit was not with me, the permit is there to transport the owner of the permit.
Owner of permit was not there at the time, but the permit was visible on dash.
 
LannyNguyen said:
No the owner of the permit was not with me, the permit is there to transport the owner of the permit.
Owner of permit was not there at the time, but the permit was visible on dash.
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It sounds like the parking enforcement officer believed that you weren't using it properly, and they seized it. So, you received a summons (yellow or pink?) for 27(1)(b) HTA? Scratch that... it was likely typed on white paper.
 
Bike Cop said:
It sounds like the parking enforcement officer believed that you weren't using it properly, and they seized it. So, you received a summons (yellow or pink?) for 27(1)(b) HTA? Scratch that... it was likely typed on white paper.
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So if I failed to remove the permit, but say I was guilty for not paying the parking receipt, I'm guilty for improper use of the permit?
Summons was on a white paper. Big stamped that says COPY ONLY.
 
LannyNguyen said:
So if I failed to remove the permit, but say I was guilty for not paying the parking receipt, I'm guilty for improper use of the permit?
Summons was on a white paper. Big stamped that says COPY ONLY.
Click to expand...

This is the HTA offence:

Offence, accessible parking permit
27. (1) No person shall,
(b) display an accessible parking permit otherwise than in accordance with the regulations;


So failing to remove the permit, or displaying it when it's not being used for its' lawful purpose, constitutes the offence.
 
At the time you parked, was it to transport the permit owner? Say you dropped off the person and then parked...isn't that valid use?
 
the permit is tied to the person not the persons car.
in order to park in a handy spot the person has to get in or get out of the car.

you can drive the car, with the permit still being displayed, but you can't use handy spots unless the permit holder is with you.

if you thought you didn't have to pay parking fees because your mom's permit is on the dash, but shes not with you, then you are at fault.
If you parked in a handy spot because your mom's permit is on the dash, but shes not with you, then you are at fault.
 
That's what I'm talking about...same trip. Not dropping her at one location and then going to a completely different place and parking for something else. Basically if you are being a chauffeur is it proper use of the tag?
 
Go to first attendance. Try to bargain down to the improper parking, in exchange for having the improper display quashed. Other than that you're pretty much hosed and another permit might not be issued, because of the abuse.
 
GagguP said:
Unless you are picking her up?
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Riceburner said:
That's what I'm talking about...same trip. Not dropping her at one location and then going to a completely different place and parking for something else. Basically if you are being a chauffeur is it proper use of the tag?
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if handy lady gets in the car = ok
and/or
if handy lady gets out of the car = ok

if you drop handy lady at the front door of a shop then go look for a handy spot = ok only if when shes done shopping she gets into the car before you move it.

if you drop handy lady at the front door of a shop then go to mcdonalds. park in a handy spot. eat. leave then pick up handy lady back at the shop = not ok.

if handy lady is at home and you go to the pharmacy to get her perscriptions, you can't park in a handy spot.

HTA reg 581 said:
6.(2)An accessible parking permit issued to an individual is not valid when it is displayed on a vehicle if,

(a) the vehicle is not being used to pick up or transport the holder of the permit
Click to expand...
If the permit is showing and you don't park in a handy spot = ok
 
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AL3RT said:
Lucky you didn't get hit with a $5,000 fine for misuse/abuse of the permit.
The APP is only valid if the person it is issued to is present with you.
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He doesn't know the fine yet. All he received was a summons and a parking ticket. The fine for the HTA offence has yet to be determined.
 
The $5000 I assume is if you are in possession of a fake one.
 
LannyNguyen said:
Just throwing this out to see if I have any luck.
Anyways, the permit is real, it's not under my name but a family members'.
Parked in an area where I thought you didn't need to pay, but the permit was visible on dash.
Parking enforcement seized the permit, and issued me a summons and also a $30 fail to display receipt.
How would I fight this?
I am guilty for the failure to display receipt, but how about HTA 27(1)(b)?
Click to expand...

Did they take the permit and then hit you with the failure to display or am I missing something? The rest has been cleared up and is between you and the prosecutor.
 
My Mother in law has one of those permits and my wife wasn't aware of the disabled must be in the car concept. She has been advised and will hopefully not be posting on GTAM about how to get out of a ticket. Thanks for the clarifications. I think many people are unaware of the legalities.
 
nobbie48 said:
Did they take the permit and then hit you with the failure to display or am I missing something? The rest has been cleared up and is between you and the prosecutor.
Click to expand...

Fail to "display receipt" of paid parking. If this was done there would've been no problem, but now it's obvious op was trying to get free parking.
 
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