Tag: ICEing

$100 Fine at Maryland Charging Stations

Governor Larry Hogan signed legislation yesterday that will penalize gas vehicle drivers who block electric vehicle charging stations in Maryland. The same $100 fine will also apply to EV drivers who are not “plugged into charging equipment.”

Unless the vehicle is a plug–in electric drive vehicle that is plugged into charging equipment, a person may not stop, stand, or park a vehicle in a designated plug–in electric drive vehicle charging space.

Maryland Transportation Article §21–1003.2 (B)

Maryland is the 17th state to pass an “anti-ICEing” law to regulate parking at electric vehicle charging stations.

Virginia: Must be Actively Charging

A new Virginia law goes one step further. Beginning July 1st, electric vehicles in Virginia must be “in the process of charging” while in a reserved charging space. A diligent parking enforcement officer could conceivably ticket an EV driver for “ICEing” the instant their vehicle stops charging.

Colorado and New York also require EVs to be actively charging. However, those states give EV drivers a 30-minute grace period to move their car and make an exception for EV charging at airports, hotels and between the hours of 11 PM and 5 AM.

No Signs, No Fines

The Maryland anti-ICEing law cannot be enforced unless the charging station provider wants to post signs that conform to the requirements spelled out in the legislation. Enforceable signs must state the amount of the fine ($100) and meet state standards for parking signs including color, font size and placement height. The regulatory signs, and therefore enforceability, are at the discretion of the charging station provider.

(C) A publicly accessible plug–in electric drive vehicle charging space shall be designated by a sign that:
(1) Indicates that the charging space is only for electric vehicle charging;
(2) Includes any day or time restrictions;
(3) States the maximum fine that may be incurred for a violation; and
(4) Is consistent with the design and placement specifications established in the Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Administration under § 25–104 of this article.

Maryland Transportation Article §21–1003.2 (C)

Unenforceable at Tesla Superchargers

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UPDATE: Feb. 4, 2022

SB 146 was amended to add the problematic language that will penalize an electric vehicle driver if their car becomes unplugged. The amended bill was approved on 2nd reading on Thursday and will likely pass in the Senate. The House bill HB 157 passed out of the Motor Vehicle and Transportation Subcommittee on Thursday. That bill was amended to remove the requirement to post official signs at all charging stations funded with public money. Tesla objected to the mandatory enforcable signs:

“There are commercial properties who would like to install charging infrastructure but would not want to install a sign as required under HB157. For example, an establishment with limited spaces for customer parking may not be willing to limit its parking to EV customers only. The approach in the crossfiled bill, SB146, to outline what should be on a sign if a property owner chooses to install one, without requiring their installation, is a better approach to ensuring that potential site hosts are not dissuaded from installing EV chargers on their property.”

Tesla testimony regarding Maryland HB 157

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Maryland House Bill 157 and Senate Bill 146 were originally described as: “Prohibiting stopping, standing, or parking a vehicle that is not a plug-in electric vehicle in a parking space that is designated for the use of plug-in electric vehicles.”

California Got it Wrong

Unfortunately, Maryland’s “anti-ICEing” bills contain problematic language that GM bullied into California AB 475 in 2011. EV advocates including Plug In America tried to stop AB 475 before it became law. One compelling reason was that other states look to California when adopting electric vehicle policies. Unfortunately, the efforts of the EV community to overturn the wishes of General Motors were not successful. Therefore, we must continue to educate lawmakers on a state-by-state basis on the consequences of borrowing from the bad California “anti-ICEing” law.

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The Frederick County Council voted 5-2 to approve legislation to prohibit non-electric vehicles from parking in reserved charging spaces on County roads and County owned property.

Not Applicable on Private Property

The ordinance will not apply at the Tesla Superchargers at FSK Mall nor will it apply at the Electrify America chargers at Walmart. The ordinance will only be enforceable at publicly available charging spaces on County owned property. Currently, there are no electric vehicle charging stations that are open to the public on Frederick County owned property.

Council Discussion

The bill had previously been amended to remove the 8,500 lb. weight limit in the definition of a plug-in electric vehicle and to change the requirement that plug-in vehicles must be connected to language that says, “A person may only stop, stand, or park a plug-in vehicle in a plug-in vehicle parking space for the purpose of charging the plug-in vehicle.”

Council Vice President Michael Blue expressed that he did not think the bill was necessary. He noted that at the two public hearings on the bill all of the people who commented were EV drivers and none of them supported the legislation. He explained that he had voted in favor of the amendments because, “I would like the bill to be as good or better than it was, and I think the amendments did help that.”

Rick Harcum, the County’s Chief Administrative Officer said, that the Administration is generally in support of the proposal because it sets the stage for how parking spaces for electric vehicles should be managed on County property in the future.

Harcum said that as of now, there are only five charging stations on County property and that they are “designated by signage for parking of County vehicles, so they are not considered public parking spaces.” He added that the County can currently manage those non-public parking spaces by having DPW put up signs.

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Frederick County Maryland is considering legislation that purports to restrict parking at electric vehicle charging stations. Sounds great, doesn’t it?

But what will this “anti-ICEing” ordinance actually do for EV drivers if it passes? Let’s examine the details.

Will the “Anti-ICEing” ordinance apply at the Frederick, MD Tesla Superchargers?

No.

The ordinance requires official signs that conform to the “Manual on Uniform Traffic Control Devices”. Tesla uses signs branded with their logo that don’t meet the MUTCD standards. Also, six of the ten stalls have “General Parking” signs that allow anyone, even ICE drivers, to park for up to 30 minutes in the charging spaces. 

Will it apply at the Electrify America Chargers at Walmart in Frederick?

No.

The EA chargers at Walmart have official MUTCD signs but they are on private property. The Frederick County ordinance will not apply on private property.

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Ordinance Would Leave Innocent EV Drivers Vulnerable to Fines

The Frederick County Council introduced a bill last night that, if passed, will leave electric vehicle drivers vulnerable to steep fines at EV charging stations.

According to the text of the bill, “A person may not stop, stand, or park a plug-in vehicle in a plug-in vehicle parking space if the vehicle is not connected to the charging equipment.”

This sounds reasonable in theory. Nobody should park at a charging station unless they intend to use it. But there’s a problem when you try to codify this into the sharply defined confines of the law.

What happens if you plug in and someone comes along while you’re away and unplugs your vehicle? Then you’re in violation of a Class C offense of Section 1-1-9 of the Frederick County Code, punishable by a fine of between $100 and $250.

The person who unplugged you? Where is the law to prohibit their behavior? Apparently there is no law against unplugging an electric vehicle without the permission of the owner.* This will be a boon for the haters. Why roll coal on the “greenies” when they can just unplug their cars at the charging station and laugh when they get a ticket?

No More Charger Sharing

The Frederick County bill would make it illegal to share one charging station between two parking spaces. Charger sharing allows more efficient use of charging infrastructure. But under the “must be connected” language in the Frederick County bill, one of the two vehicles would be in violation if in a designated charging space and not plugged in.

Penalizes the Victim of Vandalism

Unfortunately another EV driver or a miscreant could unplug your car. This would immediately make you go from legally parked to being in violation of the proposed Frederick ordinance, through no fault of your own.

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Overreaching “Anti-ICEing” Ordinance Needs Revision

If you drive an electric car, I bet you try to do the right thing. You care about the environment and your actions reflect your values. You may have even stretched your budget to buy an eco-friendly electric vehicle.

Imagine this scenario: You decide to be more active in speaking up for the future of the planet. So you drive your EV to the state capital to testify in front of lawmakers. You find a garage with EV charging and plug in to a Level 2. You need an extra boost to get home. Or maybe you just want to show your support for the public charging infrastructure. After all, many charging spots are rarely used these days.

You arrive at the committee meeting room. The legislation that you came to support is on a fluid schedule. The Chair could call your name at any moment. You don’t dare miss your opportunity to address the legislators who could decide policy that could affect the environment for years to come.

The hearing runs long. It’s early evening when you finally return to the garage. As you approach your car you notice a paper on the windshield. It’s a parking citation. For a hundred bucks!

The ticket states a violation of Sec. 12.20.090.B – Parking Reserved for Plug-in Electric Drive Vehicles Actively Charging. $100.00 fine.

What? Actively charging?

Tell it to the judge.

It doesn’t matter why your car was not actively charging. Your battery may be full. The charging station may have suddenly quit unbeknownst to you. Or maybe someone wanted to “stick it to the environmentalists” and unplugged your car for spite. Is there a law against unplugging EVs?

You’re lucky though. Your car could’ve been towed in addition to getting the ticket. How do you feel now?

First, Do No Harm

The scenario above is not far fetched. The City of Annapolis passed an anti-ICEing ordinance last year that could punish EV drivers who are not “actively charging.” The same $100 fine and/or towing penalty imposed on a diesel truck driver blocking a charging space could apply to an innocent electric car driver who’s simply trying to do the right thing by driving a zero emission vehicle.

EV drivers are getting punished more than you might think. Green Car Reports published an article that showed that in Montgomery County, MD, more electric vehicles got tickets for parking in charging spaces than ICE vehicles did. Ref: Illegal Parking in charging spots: The culprit? Electric cars

A few weeks ago I testified via Skype at the Annapolis City Council Meeting. I asked the Mayor and City Council to refine the ordinance to give some leeway for EVs and focus on the non-electric vehicles that are the main problem. I also pointed out that almost a year after the ordinance went into effect that there are still no signs and pavement markings required for enforcement. [testimony video] I submitted written comments explaining the issues in more detail.

The next day, I received an email from the Deputy City Manager who promised to work with City staff to get signs posted and get the spaces marked. However, they didn’t address the concern of the “actively charging” language in the current ordinance.

Yesterday, I submitted comments to the Annapolis Transportation Board, who I understand is a body that can make recommendations to the City Council. I asked the Board to consider making a recommendation to amend the ordinance to focus on penalizing cars that run on gasoline or diesel that are blocking the charging spots.

I suggested that signs could state the spots are for EV charging only but the law shouldn’t penalize them the moment they stop charging. I presented an example of someone charging their car overnight at a hotel. Are they expected to run out at 2:00 AM as soon as the battery is full in order to avoid a violation? My full comments to the Transportation Board and links to the discussion on the original bill are below.

Links to Discussion on Annapolis Anti-ICEing Ordinance O-14-20

Reference:
Annapolis City Ordinance 14-20 Details
Public Safety Committee meeting on 7/6/2020 Video
Transportation Committee meeting on 7/9/2020 Video
Annapolis City Council meeting on 7/13/2020 Video 
Transportation Board meeting on 7/20/2020  Video

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Signs Not Compliant

The City of Annapolis has an “anti-ICEing” ordinance that requires special signs and green pavement markings in order to be enforced. There continues to be complaints of gas vehicles blocking EV charging stations in the city especially at Pip Moyer Recreation Center where BGE installed a Level 2 station in 2019. The signs there do not comply with the Manual of Uniform Traffic Control Devices (MUTCD) nor with the requirements of the city code.

Could Punish Innocent EV Drivers

The Annapolis anti-ICEing ordinance could potentially punish EV drivers who are not “actively charging” through no fault of their own. If the equipment fails mid charge or someone unplugs your car or you just misjudge the length of time your car needs to charge, Annapolis seems to apply the same $100 penalty for an electric vehicle that may unintentionally not be charging as for a gas guzzling SUV driver that ignores the sign. I am attempting to have the City Council reconsider this and clarify the code and fine schedule. I spoke to the Mayor and City Council via Skype at the May 24, 2021 meeting and submitted the written comments below.

Formal Written Comments Delivered to Annapolis City Council on May 24, 2021

Last year the Annapolis City Council passed an ordinance (Code: 12.20.090.B) meant to keep people from blocking electric vehicle charging stations.

In order to be enforced, the EV charging spaces must be designated with signs and pavement markings with the following requirements:

1. Be at least eighteen inches high and twelve inches wide;

2. Be clearly visible to the driver of a motor vehicle entering the plug-in electric drive vehicle charging space;

3. State the maximum fine that may be incurred for a violation; and

4.Meet any applicable state and federal requirements for parking signs. A plug-in electric drive vehicle charging space shall also be indicated by green pavement markings.

I would like to bring to the council’s attention that EV charging stations on City-owned property, including the Pip Moyer Rec. Center, do not have signs that meet these requirements. This consequently means that the ordinance is unenforceable. I’ve seen gas pickup trucks and other non-electric vehicles blocking the charging station at Pip Moyer recently.

But more importantly, the Annapolis ordinance and penalty provisions could unintentionally punish EV drivers who may not be “actively charging” through no fault of their own.

The penalties in the FY 2021 Fines Schedule by Authority: R-27-20 is listed as follows:

Code Reference: 12.20.090.B. Description: Parking reserved for plug-in electric drive vehicles actively charging. Fine for Initial Offense: $100.00. Fine for Repeat or Continuous Violations: $100.00

I respectfully ask the Council to consider refining the language to focus this legislation exclusively on penalizing cars that run on gasoline or diesel that have no reason to be parking in an electric vehicle charging spot.

The wording, “electric drive vehicles actively charging” does not appear in the ordinance itself and there are occasions that an electric vehicle may have just finished charging or the equipment fails or someone unplugs a car that could lead to an electric car driver getting unfairly punished for trying to do the right thing by driving electric.

Thank you. Lanny Hartmann