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Is It Legal To Park In EV Parking Spot?

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    An electric car parked and charging at an EV charging station.

    Electric vehicles are becoming a popular choice to not only become eco-friendly, but as an opportunity to save on costs such as rising gas prices. With more and more people opting to drive electric cars, EV charging stations and parking spots are becoming increasingly common in public and private public areas. While these designated spots are crucial for the functionality and convenience of electric vehicles, many drivers wonder if it is illegal to park in an EV spot and treat it as any other parking space. 

    What Is an EV Parking Space?

    An EV (Electric Vehicle) parking space is a designated parking space used to charge electric vehicles. They are accessible to any electric vehicle driver and these spots are marked with clear signage, charging consoles, paint colors, and symbols on the ground to differentiate them from regular and handicapped spots. They can be found at popular locations such as malls, parking structures and lots, college campuses, and even on local streets for anyone to use.  

    What Are the Rules for EV Charging in California?

    According to California Vehicle Code 22511, parking facilities may designate stalls or spaces for the sole purpose of parking and charging an electric vehicle. If any other vehicle is parked in the EV space, the driver of the vehicle will be subjected to a parking ticket that can go up to $100. Should you fail to pay the associated fines and/or continue to park gas powered vehicles in EV spots, you may face higher fines, penalties, and even legal consequences. This is applicable to both public and private EV parking spaces throughout the country.   

    Can You Park in an Electric Car Space Without Charging It?

    Eligible electric vehicles must be in the process of charging to park in the designated space and should not be used as a regular parking spot. Any person found responsible for this violation is subject to traffic violation penalties and parking tickets. Similarly, any failure to pay the issued tickets or continued acts of negligent parking may result in higher tickets and fees, and possible further legal consequences. 

    Can I Sit In My EV Car While It’s Charging?

    It is not illegal to sit in your electric vehicle while it is parked and charging. Whether you use the time inside to catch up with emails, make phone calls, or to take a nap inside the car, there is no law that prevents you from sitting in your electric car while it is charging. However, if you do not want to sit in your car and want to go shopping or run some errands nearby, that is completely fine and legal as well. Should you do this, be sure that your car and the chargeport is locked and secure.  

    What If Someone Unplugs My Charger?

    If someone unplugs your car charger while it is charging they can potentially be held liable for damages that may have occurred to your vehicle. According to California Penal Code 594, any acts of malicious tampering or vandalism to another person’s property without their consent is punishable by fine based on the amount of damage done and time in county jail. 

    As an unauthorized disconnection from your vehicle can potentially disrupt the charging mechanism and affect the overall performance of the vehicle, the owner of the electric can press charges in order to recover compensation for their losses. However, should that ever happen, it is highly recommended and urged to contact the police and file a police report so they can appropriately handle the situation. 

    What Should I Do if I Receive a Ticket for Parking in an EV Spot?

    An electric car charging at a Tesla charging station.

    If you have received a ticket for parking in an EV spot, it is important that you pay all of the associated fines at an appropriate time or else you risk facing additional fees and possible further legal consequences. However, if you believe that you were subjected to unlawful treatment by local law enforcement or a third party, you may be eligible to seek compensation regarding the matter. Contact us today by calling (213) 927-3700 or filling our contact form to schedule a FREE consultation with our compassionate and talented legal team.

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