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ICE vehicle TICKETED at Arizona Supercharger!

ICE vehicle TICKETED at Arizona Supercharger!

A local Model S owner just posted to our Arizona Facebook club that he called the police and was able to have an ICE vehicle ticketed for blocking a Supercharger stall in Casa Grande, Arizona. This may, possibly, be the first time something like this has been reported.

According to our member, while he was charging he witnessed an ICE vehicle pull into a Supercharger space that had a sign saying "EV only". The Tesla owner approached the ICE vehicle's owner and politely asked the owner to move his car and even suggested a few spots nearby. The ICE owner responded rudely, saying "there's nothing you can do". Well, that's not really true...

The Tesla owner called the police and cited Arizona Revised Statute 28-876, which reads as follows:

28-876. Parking spaces for electric vehicles; civil penaltyA 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.
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.
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.

I confirmed with our club member that he stayed throughout the ticketing process and confirmed that the offender was fined $350 - same fine as for parking in a handicapped spot. YES!

The property owner/manager where the Supercharger is located was not involved. Such a violation is treated the same way as if someone were blocking a handicapped space, permission from or involvement by the property owner is not required.

patrick40363 | February 15, 2016

excellent.

joeyv821 | February 15, 2016

That is simply amazing. I can't imagine the vindication that owner must feel. Sweet sweet victory. I really hope that this is the direction most states go in.

Devin B | February 15, 2016

NICE

thranx | February 15, 2016

Bravo.

grantwatson | February 15, 2016

I think this issue has been raised before but is there any provision in the statute for out-of-state EVs (we don't get any special plates or stickers where I live)? I trust that nobody would rat me out if I was plugged into the Supercharger but it would be nice if the legislation recognized that not everyone who should be expected to use the spot will have an EV sticker.

barrykmd | February 15, 2016

Outstanding!

finished | February 15, 2016

I was charging at a Chademo in Minneapolis near U of MN campus a while back, and I was almost blocked by an ICE SUV but the cord was just long enough for me to pull in perpendicular to the charging station behind the SUV. A campus police woman came buy and gave him a ticket. I'm not sure if it was a ticket for expired meter, or blocking the charging spot, or both. He came back and looked at me waiting for my charge to finish, looked at the ticket and had the balls to say he didn't see the "ELECTRIC VEHICLES ONLY" sign.

AmpedRealtor | February 15, 2016

@ grantwatson,

"... unless the motor vehicle is powered by electricity and has been issued an alternative fuel vehicle special plate or sticker..."

The issue you raise is over the use of the word "and" in the above portion of the statute. It should probably say "or". I doubt this would really be an issue, since people only call the police over such cases when a non-EV is blocking EV access. I doubt anyone would call the police on an out-of-state Tesla charging.

What's funny, though, is that the way the statute is worded a Nissan Leaf could block a Supercharger stall and not be cited.

freeewilly | February 15, 2016

I hope Tesla and other EV charge locations put additional signs regarding the cost of violation, in this case $350. I'm sure it will reduce number of ICE cars park at EV spots.

Baribrotzer | February 15, 2016

@AmpedRealtor: "What's funny, though, is that the way the statute is worded a Nissan Leaf could block a Supercharger stall and not be cited."

Although most Leaf owners aren't that particular type of blockhead. In fact, I would guess that many of them would have a Model S if they could - they just can't afford it. Or perhaps they decided to hang onto their old IC car for distance driving, and use the Leaf around town.

Tropopause | February 15, 2016

AR,

I know it shouldn't matter, but I'm curious what was the make/model of the offending vehicle? I always envision German cars or pickups doing these things although I've never seen it personally.

jordanrichard | February 15, 2016

freeewilly, those signs can only be posted where the law allow such.

If I were in that situation I would have simply told the offender that them parking there is the same as me parking in front a gas pump. Hoping of course they would then realize what impact their actions are having.

cpmarino | February 15, 2016

The way I see it, the guy got a ticket for being a jerk. Don't think I'd call the police if the car wasn't in my way, but probably would if the guy just willfully disregarded by warning and obviously didn't care.

RonaldA | February 15, 2016

cool

dborn @nsw.au | February 15, 2016

Now call the press and have that publicised.

sbeggs | February 15, 2016

Excellent!

Made in CA | February 15, 2016

Excellent news!

Forget California - I am moving to Arizona!

Red Sage ca us | February 15, 2016

Superlative.

georgehawley.fl.us | February 15, 2016

OTOH there could be one unfriendly ICEV ownership driving around Casa Grande thinking of ways to surreptitiously exact revenge.

Mike83 | February 15, 2016

Get a picture of the offender and post it on the internet.

Haggy | February 15, 2016

I think it's great that the person was warned first. It's not cool to park there under any circumstances, but there's a difference between knowing that the person knew he shouldn't be there and somebody who was confused, didn't see the harm in parking for five minutes (not that it's a justification but people do need to learn) or would have moved right away had it been pointed out.

jjchan.OH.US | February 15, 2016

Does anyone have a list of states that have similar laws about ICE blocking charging spaces?

rossh | February 15, 2016

The SC Is at a Culvers ice cream parlor w tons of parking always. And half of the SC slots are for EV or ICE. The offender was in jerk mode for sure.

FelixMendeldog | February 16, 2016

This is the best news of 2016 thus far and unlikely to be surpassed :-)

mrrjm | February 16, 2016

@Felix... This news can be surpassed. If a model X owner with the tow package came by and pulled the ice vehicle away from the supercharger that would be awesome.

Mike83 | February 16, 2016

I wonder if it is possible to sue the culprit for damages especially if they are aggressive. Any ICE Vehicles blocking should be photographed.

Mireille and Conan | February 17, 2016

Very cool. :D

Steve S | February 17, 2016

Illinois just implemented a new anti ICE law this year.

rxlawdude | February 17, 2016

I think we should do what was done on priuschat - Have a thread entitled "ICE Hall of Infamy." Post photos, including license plates, of those who are obviously parking in EV charging stalls just for sport.

There is no expectation of privacy for license plates, so it's not a violation of privacy. Then again, it's doubtful too many ICE abusers would ever be aware they live in infamy. :-)

SUN 2 DRV | February 17, 2016

Just out of curiosity, I wonder if there are any existing statutes regarding Parking or Blocking a gasoline refueling station that could be amended to also cover the case of blocking an EV recharging station? If it was written generally enough originally it might even be applied directly.

Laws like this shouldn't be written to prefer one group of constituents over another, they should be written in such a way as to apply fairly to all. In fact an ICE driver would likely cooperate better if it protected their gas station access rights too.

"No parking at a vehicle refueling station unless actively refueling" would apply fairly to everyone....

AmpedRealtor | February 17, 2016

@ joehuber - You do realize that you are asking our legislators to enact reasonable legislation that makes sense and solves problems. What on earth are you thinking?

rxlawdude | February 17, 2016

@joe - And then, every statute that refers to a gasoline pump will need to be amended to be a "gasoline refueling station." Those buying a Snickers bar from the QuickMart at the gas station will argue they were ticketed unfairly. :-)

Maybe the terminology should be "refueling space."

We can dream, huh?

Mike83 | February 17, 2016

A civil lawsuit for example if a doctor can't get to a patient might be able to sue.

SamO | February 17, 2016

Fuel stations are not shared and can have anyone towed who isn't a "customer". If a car is parked at a pump, but buying a Snickers, the station owner isn't towing anyone.

Unnecessary statutory gobldy gook.

finman100 | February 17, 2016

Oregon too:

Oregon – $250 Fine for ICEing an EV Charging Station

Oregon House Bill 2625 created a law effective January 1, 2016 that is punishable by a maximum fine of $250.
Be It Enacted by the People of the State of Oregon:
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.

CaboJim | February 17, 2016

This is great news... I wish I had known this in October when I stopped in Gila Bend to get a charge at the Carl's Jr.
There were several passenger vans, pulling trailers, there. Seemed to be some kind of High School team thing. Any way 2 of these vans parked side ways, blocking about 5 SC spots. While charging, a couple of teens started jeering me for charging...rude... I am going to print the content of this law & put it on the windshield of the miscreants....

johncrab | February 17, 2016

Last week I saw a Kia backed into one of the spots at the Gila Bend supercharger both going and coming on my trip. Must be an employee who likes that spot. I was the only Tesla there so I did not make a big deal of it at the time. Considering turnover in fast food, the problem may solve itself. Half of the spots there are marked general parking, probably as a courtesy to the property owner so I don't wish to irritate a SC host unless absolutely necessary. However, if I'm ever blocked, MCSO and DPS are just 1 and 2 miles away, respectively.

jordanrichard | February 17, 2016

As SamO pointed out, it comes down to the Benjamins and this is the route cause to why apart from an local ordinance, ICE cars will not be towed from a supercharger. Unless a supercharger is located where there is only 1 business around, that store/restaurant where the chargers are can't know for sure that every Tesla charging or might charge is a customer of theirs. So they quite frankly don't care as long as who ever walks through their doors has their wallet with them.

Anthony J. Parisio | February 17, 2016

Oh Yeah!

Tropopause | February 17, 2016

test

ian | February 17, 2016

Does anyone know if there is any legal recompense for this situation in the uk?

FelixMendeldog | February 18, 2016

@ mrrjm LOL perfect

CaboJim | February 18, 2016

Under California Vehicle Code section 22511, non-electric vehicles parked in spaces reserved for electric vehicles are subject to fines up to $100 and may be towed away at the owner's expense.

Silver2K | February 18, 2016

in Syracuse, NY the police department has no jurisdiction on EV spots on private property, which includes malls and such. Since all Tesla spots are on private property, we are pretty much screwed in upstate ny

AmpedRealtor | February 18, 2016

@ SilverP85plus,

If that's true, then NY police also have no jurisdiction over handicapped spaces either because those also exist on private property. However, a parking lot that is open to the public is typically considered a public place, even though it may be privately owned.

Tropopause | February 18, 2016

Why can't I post pics using ?

Tropopause | February 18, 2016

using img?

muddy | February 18, 2016

@Amped
As much as I agree with your reasoning, I don't think it will gain much legal traction. It's because many local building codes require developers to designate a certain number of handicap parking places, even on private property. There are probably very few local building codes requiring developers to place electric vehicle charging stations on private property. A while back, I think PungoTeagueDave gave us a little insight on that .( Sorry Dave If I misspelled.)

KP in NPT | February 18, 2016

Somewhere I saw posted that cities have started to require new construction lots to have EV charging stations. I don't remember which city or which forum I saw it on. So legislation is possible to require EV stations on private property. I do believe in time it will happen, along with laws allowing for tickets/fines/towing for ICEing EV spots, as is already the case in a handful of states. It's just going to take time.

Bighorn | February 18, 2016

@mp
Palo Alto was one I believe.

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