Based on reader and listener mail, there’s been a fair amount of confusion over what the rules are for parking with a disability plate or placard. That’s probably compounded by the variation in rules between different municipalities — Kure Beach has different rules than Wilmington, for example. Plus, visitors from outside the state — like daytrippers from Myrtle Beach — are also likely used to slightly different rules. For example, South Carolina law requires free and unrestricted parking at public metered spots.
The basic statute that guides handicapped parking rules in North Carolina is §20‑37.6, which reads in part:
“Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.”
As the law notes, the statutory provisions are meant to comply with the ADA to protect the person, not the vehicle. In most cases, parking enforcement will simply see that plate or placard and move on — but there are criminal penalties for using someone else’s disability plate. (Misuse of placards and plates has, anecdotally, played a part in increased restrictions in several beach communities in North Carolina.)
One clear rule is that a disability plate doesn’t make for a parking free-for-all — commercial loading zones, crosswalks, and other specifically restricted areas are off limits. It’s also worth noting the state law doesn’t apply to private lots or parking decks (whether private or public).
A slightly less clear rule is the “unlimited periods” of parking time. Wilmington simply says an ADA placard means you can park as long as you want in metered parking (although the city can tow vehicles that are junked, abandoned, or presenting a health hazard). Carolina Beach puts a 24-hour limit on parking with ADA plates. But, in general, if you’re parking during the day, there are no time limits for on-street parking.
Now, that doesn’t necessarily mean it’s free.
That’s confusing to some because in Wilmington parking in on-street spots is free for those with ADA tags.
The policy is a legacy of Wilmington’s old turn-cranked coin-operated meters, which in the early 1990s didn’t comply with the Americans with Disabilities Act — so the city simply made parking free for drivers with the appropriate tags or plates. Over thirty years later, Wilmington has a fairly modern parking system, with meters that accept credit and debit cards and have a pay-by-phone option. Legally, the city probably could charge those with ADA plates for parking, but it doesn’t.
It’s worth noting that, in general, the city is less aggressive with parking fees than it could be. At a recent city council meeting, parking manager Chance Dunbar noted the city’s parking decks are priced significantly cheaper than other comparable cities. In the past, the city has charged less than beach communities, noting any revenue from parking has to be balanced with a potentially negative impact on downtown business.
Speaking of beach communities, parking with ADA plates is not free at Carolina Beach, Kure Beach, or Wrightsville Beach.
Due to a special carve-out provided by the General Assembly, those towns can legally use parking revenue for general fund expenses instead of just supporting the parking program (Wilmington is included in this carve-out, but hasn’t taken advantage of the exemption). Historically, Wrightsville was the first and most aggressive to take advantage of this law — allowing it to subsidize and dramatically reduce its property tax rate. But, over the years, Carolina and Kure have followed suit (as have other beach towns around the coastal region).
Kure Beach did recently reformat or relocate five spaces due to updated legal guidance from the state requiring an adequate loading/unloading area next to an ADA space (largely intended to facilitate handicapped-accessible vans). According to the town, the total number of ADA spots had increased.
