NNSL (Mar 20/98) - A cab driver who protested what he says is an unfair parking ticket tried hard, but failed to make his case in traffic court Tuesday.

Tuan Tran, 21, argued that the ticket was unfair because he had just pulled into a handicap zone to drop off a customer, not to park his cab.

Justice of the peace Max Rispin ruled that Tran admitted being in the handicap stall and so he violated the city by-law. He ordered him to pay the full $100 fine.

The incident occurred at 2:50 p.m. on Feb. 24. Tran testified that he had stopped in a clearly-marked handicapped-only spot in front of Grandma Lee's on 49th Street as requested by his passenger. He said he was there only long enough to accept the fare and make change.

He argued that he didn't have any other reasonable choice under the circumstances. The other parking spots were taken, the loading zone was full, he couldn't continue to drive down the street and run up the fare and he didn't want to stop in the middle of the road.

"I felt that was the safest way. I did it as fast as I could change the money," Tran said. "It's hard to work downtown. There are signs everywhere."

Bylaw Const. Gerald Lainey testified that he noticed the improperly parked cab, walked from the corner of 49th Street and Franklin Avenue, and began to write the ticket. But the cab pulled away before the ticket was issued.

Tran said he never noticed the constable and was circling the block in an attempt to find a proper parking spot. The next time around, he noticed an angry-looking Lainey gesturing to him, but thought "whatever," and decided to circle the block once again.

Lainey said he called for a Bylaw cruiser. Tran was pulled over on Franklin Avenue and given the ticket.

Bylaw officer Larry Webber, acting as prosecutor, insisted that the handicap stalls are restricted zones and Tran wasn't entitled to be there.

"I don't think there's any leeway in the bylaw," Webber said.

Rispin agreed. He said Tran's complaint that there isn't enough parking in the area may be valid point, but added that it is something that has to be taken up with city hall, not the courts, Rispen said.

Just when it appeared that the matter was concluded, Tran produced a second parking ticket and said he planned to contest it as well.

"It's the same thing," he said.

A March 31 hearing has been set. Rispin suggested that Tran bring witnesses the next time. Tran replied that he can't remember who the customers were at the time.