Legislation Reference – Reserved Parking for Plug-In Vehicle Charging

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States that have enacted laws to prohibit non plug-in cars from parking at electric vehicle charging stations.

State Laws
Oregon 2015 HB2625 Unlawful parking in space reserved for alternative fuel vehicle refueling
SECTION 1. (1) As used in this section, “alternative fuel vehicle” has the meaning given that term in ORS 469B.100, except that “alternative fuel vehicle” includes vehicles registered in any jurisdiction.
(2) A person commits the offense of unlawful parking in a space reserved for alternative fuel vehicle refueling if:
(a) The person parks a vehicle in any parking space that is on premises open to the public;
(b) The parking space is marked or signed as reserved for alternative fuel vehicle refueling; and
(c) The vehicle in the parking space is not engaged in the refueling process.
(3) The offense of unlawful parking in a space reserved for alternative fuel vehicle refueling is a Class D traffic violation.

Illinois Sec. 11-1308 Unauthorized use of parking places reserved for electric vehicles.
(a) For the purposes of this Section:
“Electric vehicle” means a battery-powered electric vehicle operated solely by electricity or a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source.
“Electric vehicle charging station” means any facility or equipment that is used to charge a battery or other energy storage device of an electric vehicle.
(b) It shall be prohibited to park a non-electric vehicle in an electric vehicle charging station designated for use by electric vehicles, including an electric vehicle charging station on any private or public offstreet parking facility. A person may park only an electric vehicle in an electric vehicle charging station space designated for use by electric vehicles.
(c) Any person or local authority owning or operating any public or private offstreet parking facility may, after notifying the police or sheriff’s department, remove or cause to be removed to the nearest garage or other place of safety any non-electric vehicle parked within an electric vehicle charging station space designated for use by electric vehicles.
(d) It shall not be a defense to a charge under this Section that the sign or notice posted at the electric vehicle charging station or the designated parking space does not comply with applicable rules, regulations, or local ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking space that the space is reserved for electric vehicles.
(e) Any person found guilty of violating the provisions of subsection (b) shall be fined $75 in addition to any costs or charges connected with the removal or storage of the non-electric vehicle; but municipalities by ordinance may impose a fine up to $100.
(Source: P.A. 99-172, eff. 1-1-16.)

Florida Statute 366.94 Electric vehicle charging stations
(3)(a) It is unlawful for a person to stop, stand, or park a vehicle that is not capable of using an electrical recharging station within any parking space specifically designated for charging an electric vehicle.
(b) If a law enforcement officer finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18.

Hawaii Revised Statutes §291-72 Parking spaces reserved for electric vehicles; penalties.
§291-72 Parking spaces reserved for electric vehicles; penalties. (a) Beginning January 1, 2013, any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles shall receive a warning.
(b) Beginning July 1, 2013, any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than $50 nor more than $100, and shall pay any costs incurred by the court related to assessing the fine.
(c) Any citation issued under this section may be mailed to the violator pursuant to section 291C-165(b). [L 2009, c 156, pt of §4; am L 2012, c 89, §3]

Washington State RCW 46.08.185 Electric vehicle charging stations—Signage—Penalty
(1) An electric vehicle charging station must be indicated by vertical signage identifying the station as an electric vehicle charging station and indicating that it is only for electric vehicle charging. The signage must be consistent with the manual on uniform traffic control devices, as adopted by the department of transportation under RCW 47.36.030. Additionally, the electric vehicle charging station must be indicated by green pavement markings. Supplementary signage may be posted to provide additional information including, but not limited to, the amount of the monetary penalty under subsection (2) of this section for parking in the station while not connected to the charging equipment.
(2) It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any person to park a vehicle in an electric vehicle charging station provided on public or private property if the vehicle is not connected to the charging equipment. The parking infraction must be processed as prescribed under RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).
(3) For purposes of this section, “electric vehicle charging station” means a public or private parking space that is served by charging equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle.
[2013 c 60 § 1.]

Arizona Revised Statute 28-876 Parking spaces for electric vehicles; civil penalty
A. A person shall not stop, stand or park a motor vehicle within any parking space specially designated for parking and fueling motor vehicles fueled exclusively by electricity unless the motor vehicle is powered by electricity and has been issued an alternative fuel vehicle special plate or sticker pursuant to section 28-2416.
B. If a law enforcement officer finds a motor vehicle in violation of this section, the law enforcement officer shall issue a complaint to the operator or other person in charge of the motor vehicle or, if an operator or other person is not present, to the registered owner of the motor vehicle for a civil traffic violation.
C. A person who is found responsible for a violation of this section is subject to a civil penalty of at least three hundred fifty dollars. Notwithstanding section 28-1554, the civil penalties collected pursuant to this subsection shall be deposited in the state general fund.

California Vehicle Code Section 22511 and 22511.1
22511 (a) A local authority, by ordinance or resolution, and a person in lawful possession of an offstreet parking facility may designate stalls or spaces in an offstreet parking facility owned or operated by that local authority or person for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.
(b) If posted in accordance with subdivision (d) or (e), the owner or person in lawful possession of a privately owned or operated offstreet parking facility, after notifying the police or sheriff’s department, may cause the removal of a vehicle from a stall or space designated pursuant to subdivision (a) in the facility to the nearest public garage if the vehicle is not connected for electric charging purposes.
(c) If posted in accordance with subdivision (d), the local authority owning or operating an offstreet parking facility, after notifying the police or sheriff’s department, may cause the removal of a vehicle from a stall or space designated pursuant to subdivision (a) in the facility to the nearest garage, as defined in Section 340, that is owned, leased, or approved for use by a public agency if the vehicle is not connected for electric charging purposes.
(d) The posting required for an offstreet parking facility owned or operated either privately or by a local authority shall consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states the following: “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense. Towed vehicles may be reclaimed at________
or by telephoning (Address) __________.”
(Telephone number of local law enforcement agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet parking facility.
(e) If the parking facility is privately owned and public parking is prohibited by the posting of a sign meeting the requirements of paragraph (1) of subdivision (a) of Section 22658, the requirements of subdivision (b) may be met by the posting of a sign immediately adjacent to, and visible from, each stall or space indicating that a vehicle not meeting the requirements of subdivision (a) will be removed at the owner’s expense and containing the telephone number of the local traffic law enforcement agency.
(f) This section does not interfere with existing law governing the ability of local authorities to adopt ordinances related to parking programs within their jurisdiction, such as programs that provide free parking in metered areas or municipal garages for electric vehicles.
22511.1 (a) A person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes.
(b) A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a).

Local Laws
Montgomery Co. MD Sec. 31-26B Parking spaces reserved for a plug-in vehicle
(a) In this Section, a plug-in vehicle means a vehicle that:
(1) is made by a vehicle manufacturer;
(2) is manufactured primarily for use on a public street, road, and highway;
(3) has a rated unloaded gross vehicle weight of no more than 8,500 pounds;
(4) has a maximum speed capability of at least 55 miles per hour; and
(5) is propelled to a significant extent by an electric motor that draws electricity from a battery that:
(A) for a 4-wheeled vehicle, has a capacity of at least 4 kilowatt-hours;
(B) for a 2-wheeled or a 3-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and
(C) can be recharged from an external source of electricity.
(b) Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer’s specifications.
(c) A person may not stop, stand, or park a vehicle that is not a plug-in vehicle in a space that:
(1) is marked for the use of plug-in vehicles with an official sign that conforms to regulations adopted pursuant to Section 31-23; and
(2) provides access to a plug-in vehicle recharging station.

Howard Co. MD Sec. 21.207c3 Parking restrictions – Plug-in vehicle recharging stations
(a) Department of Public Works. Except as provided in section 21.105 of this title, on property that is under the County’s jurisdiction, the Department of Public Works may:
(1) Prohibit or establish a time limit on parking on any highway; and
(2) Designate each parking space where a plug-in vehicle may be recharged.
(b) Signs. The Department of Public Works shall place and maintain appropriate signs indicating a parking restriction under subsection (a) of this section.
(c) Plug-in vehicle recharging stations.
(1) In this section, plug-in vehicle means a vehicle that:
(i) Is made by a vehicle manufacturer;
(ii) Is manufactured primarily for use on a public street, road, and highway;
(iii) Has a rated unloaded gross vehicle weight of no more than 8,500 pounds;
(iv) Has a maximum speed capability of at least 55 miles per hour; and
(v) Is propelled to a significant extent by an electric motor that draws electricity from a battery that:
(A) For a four-wheeled vehicle, has a capacity of at least four kilowatt-hours;
(B) For a two-wheeled or three-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and
(c) Can be recharged from an external source of electricity.
(2) Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer’s specifications.
(3) Except as provide in paragraph (4) of this subsection, a person may not stop, stand, or park a vehicle in a space that is posted for the exclusive use of plug-in vehicles:
(i) Under subsection (b) of this section for County property; or
(ii) By the property owner for private property.
(4) A plug-in vehicle may be parked in a space that is posted for the use of plug-in vehicles.
(5) A sign that designates a space under this subsection must meet be at least 12 inches by 18 inches and meet any applicable State or Federal standards for parking control signs.

Baltimore Co. MD Sec. 18-2-212 Parking spaces reserved for plug-in vehicles
A. Definition.
1. In this section, “plug-in vehicle” means a vehicle that:
(I) Is made by a vehicle manufacturer;
(II) Is manufactured primarily for use on a public street, road, and highway;
(III) Has a rated unloaded gross vehicle weight of no more than 8,500 pounds;
(IV) Has a maximum speed capability of at least 55 miles per hour; and
(V) Is propelled to a significant extent by an electric motor that draws electricity from a battery that:
(A) For a four-wheeled vehicle, has a capacity of at least four kilowatt-hours;
(B) For a two-wheeled or three-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and
(C) Can be recharged from an external source of electricity.
2. Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer’s specifications.
B. Prohibition.
A person may not park a vehicle that is not a plug-in vehicle in a space, including a space on private property used by the public in general, that
(1) is designated for the use of plug-in vehicles with a sign approved by the police department stating the prohibition of this section; and
(2) provides access to a plug-in vehicle recharging station.
C. Penalty
A person who violates this section is guilty of a misdemeanor.
[Parking in a space designated for plug-in vehicles in violation of §18-2-212 is a violation punishable by a fine of $75.]

Washington, DC §18-2406.14 Parking prohibited by posted sign
The Director is authorized to establish reserved on-street parking spaces for the exclusive use of charging electric vehicles, provided:
Parking in spaces established pursuant to this subsection shall be permitted only for electric vehicles while they are being charged in accordance with the guidelines provided on the charging station;
Unauthorized vehicles parked in such spaces shall be in violation of this subsection and subject to the fine set forth in § 2601; and
A vehicle occupying a space established pursuant to this subsection shall be required to pay the parking meter rates for that space in addition to any inconvenience fee specified in 24 DCMR § 225.1(r).

Seattle 11.72.125 – Electric vehicle parking charging station; electric vehicles.
A. No person shall stop, stand, or park a vehicle other than an electric vehicle within any space marked or signed as reserved for “electric vehicle parking while charging only.”
B. It is unlawful to park or permit to be parked any electric vehicle in a space with an electric vehicle charging station that is marked as “electric vehicle parking while charging only” if such electric vehicle is not in the process of charging.
C. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
D. For purposes of this Section, the following definitions apply:
1. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:
a. Any “battery electric vehicle,” defined as any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating;
b. Any “plug-in hybrid electric vehicle (PHEV),” defined as an electric vehicle that a) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; b) charges its battery primarily by connecting to the grid or other off-board electrical source; c) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and 4) has the ability to travel powered by electricity;
c. Any “neighborhood electric vehicle,” defined as a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations set forth in 49 C.F.R Sec. 571.500;
d. Any “medium-speed electric vehicle,” defined as a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.
2. “Electric vehicle charging station” means a public parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle, and that is 1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-street parking), or 2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots).
3. “Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
4. “Non-electric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle”.
(Ord. 123712, § 3, 2011.)

Raleigh Sec. 11-2174(c) Parking time limited in designated places
(c) The City Council may designate certain parking spaces on City streets at or near electric charging stations for use only by electric vehicles. An electric vehicle is one that operates, either partially or exclusively, on electrical energy from the grid, or an off grid source, that is stored on board for motive purpose. An electric charging station is equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device on an electric vehicle.
Spaces designated as reserved for electric vehicles shall be clearly marked as such. When a space has been so marked no person shall park or stand any nonelectric vehicle in that space. If an electric vehicle is parked in such a designated space but is not attached to the charging station it is in violation of this ordinance. Any nonelectric vehicle so parked is subject to civil fine or removal. The fine for violation of this ordinance is fifty dollars ($50.00) and shall be collected in the same manner and with the same penalties for late payment as other on street parking violations. Any vehicle parked in such a space must make the appropriate payment for the space and observe the time limit for the underlying parking zone.

Knoxville Sec. 17-307 – Reserved parking for recharging electric vehicles
(a) For the purposes of this section, an “electric vehicle” is one that operates either partially or exclusively on electrical energy supplied from the grid or an off grid electricity source that is stored on board for motive purpose. An “electric charging station” is equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device on an electric vehicle.
(b) The department of engineering is hereby authorized to designate, by the installation of appropriate signs, parking spaces for the exclusive use of recharging electric vehicles.
(c) Where signs designating a parking space for the exclusive use of recharging electric vehicles are erected, no person shall park a vehicle upon any street, municipal parking lot, municipal parking garage, or portion of any street, parking lot, or parking garage so signed unless such vehicle is an electric vehicle and is connected to an electric charging station.
(d) Violators of this section may be issued a parking ticket attached to the vehicle or a citation to court and the vehicle may be towed to an impoundment lot at the owner’s expense and stored at the owner’s expense. Signs designating recharging electric vehicle parking shall indicate that unauthorized or improperly parked vehicles may be towed and the driver fined fifty dollars ($50.00).
(e) Any merchant or owner of a privately owned parking lot maintained for use by the general public is hereby authorized to designate, by the installation of appropriate signs, parking spaces for the exclusive use of recharging electric. Enforcement shall be responsibility of the owner of the private property.
(Ord. No. O-203-2012, § 1, 11-27-12)

Rehoboth Beach, DE Sec. 92-42 Parking for electric vehicles
A. Two parking spaces on Surfside Place, Meter Nos. H1 and H2, are designated as three-hour parking meter zones, exclusively for use by electric vehicles while charging. The spaces shall be posted as electric vehicle parking spaces and shall remain in effect continuously.
B. Any person violating this section shall, upon conviction, pay a fine not less than $50 nor more than $100 and shall pay the costs of prosecution, provided that, with the consent of the person charged with a violation under this section, the Chief of Police is authorized to accept and receive, without hearing, not less than $50 as a penalty for such violation if such penalty is paid within seven days from the date of violation or accept $75 if such violation is paid within 30 days from the date of the violation or accept $100 if such penalty is paid after 30 days from the date of the violation.
C. Any police officer of the City, while in the performance of his or her duty, may remove or cause to be removed, at the expense of the owner or operator of such motor vehicle, any motor vehicle parked or left standing illegally in the above area when the owner or operator is unable, unwilling or not available to remove such vehicle immediately.

Kirkland, WA 12.45.180 Electric Vehicle Charging
It is a civil infraction for any person to stop, stand or park any vehicle in a City-owned electric vehicle charging station unless the vehicle is connected to the charging station and actively being charged.

Policy Guidance
NCPEV Taskforce Parking Enforcement for Plug-in Electric Vehicle Charging Stations
Georgetown Climate Center Creating EV-Ready Towns: A Guide to Planning and Policy p. 12

News Reports
Southern Maryland News, March 08, 2012 – Car Charging Causes Controversy
Elkridge Patch March 09, 2012 – Hanover Man Poised to [benefit from proposed legislation]
Baltimore Sun Nov. 6, 2014 – Howard County revs up electric car infrastructure
Raleigh News & Observer Dec. 21, 2014 – Gas guzzlers can’t stay out of electric-only parking
Austin KXAN TV Feb. 13, 2014 – City considers penalties for parking in electric vehicle spots
Illinois WRSP TV Jan. 11, 2016 – New Law Fines Drivers For Parking At Electric Charging Stations

Montgomery County, Maryland
2014 Montgomery County Bill 32-13 Analyst Packet
Bill 32-13 Public Hearing Video
Bill 32-13 Committee Worksession Video

Howard County, Maryland
2014 Howard County Council Bill CB36-2014
Bill CB36-2014 Public Hearing Video
Bill CB36-2014 Council Vote Video
Police Memo: Enforcement of Electric Vehicle Parking Violations

Calvert County, Maryland
2015 Request to provide enforcement for the unauthorized use of EV parking spaces – Video

General Assembly of Maryland
2012 HB 108 Vehicle Laws – Stopping, Standing, and Parking – Plug–In Vehicles
2012 SB 340  Vehicle Laws – Stopping, Standing, and Parking – Plug–In Vehicles
2013 HB 1149 Vehicle Laws – Stopping, Standing, and Parking – Plug–In Vehicles
2014 HB 1020 Vehicle Laws – Plug–In Electric Drive Vehicles – Reserved Parking Spaces
HB 1020 Letter of Information – Maryland Electric Vehicle Infrastructure Council

Signs
2012 CA MUTCD regulatory signs – Ref: CA Zero Emission Vehicle Signs and Pavement Markings

PlugInSites-org_CA_MUTCD_Signs

Photos
Photos below by Lanny Hartmann.
Permission is granted to use for non-commercial, educational use only. Credit: pluginsites.org

Fulton, Maryland

Ellicott City, Maryland

Baltimore County

Baltimore City

Information compiled by Lanny Hartmann for PlugInSites.

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