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Disabled Driver/Blue Badge Legislation


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A site as good as this always deserves a little something given back - I hope this helps.

 

For those who don't know, all acts of parliament can be found on http://www.legislation.gov.uk.

 

Traffic Management Act 2004

Part 6 Notification, adjudication and enforcement - Section 79

 

(5)The regulations shall provide—

(a)that an immobilisation device must not be fixed to a vehicle if a current disabled person's badge is displayed on the vehicle;

The Disability Discrimination Act 2005 Part 21B

The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

Chronically Sick and Disabled Persons Act 1970 CHAPTER 44

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 PART 3 IMMOBILISATION OF VEHICLES – Regulation13.—

(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—

(a)a current disabled person’s badge; or

(b)a current recognised badge.

 

 

 

 

THE LAW

Disability Discrimination Act 2005 - Public authorities Section 2

21BDiscrimination by public authorities(1)It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.

---------------------------

21DMeaning of “discrimination” in section 21B(1)For the purposes of section 21B(1), a public authority discriminates against a disabled person if—

(ii)unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by the authority; and

(b)it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)©.

----------------------------

Part VII Section 57

57 Aiding unlawful acts.(1)A person who knowingly aids another person to do an [F1unlawful act] is to be treated for the purposes of this Act as himself doing the same kind of unlawful act.

------------------------------

 

Public authorities Section 3 - Public authorities Section 3 - Duties of public authorities

-------------------------------

 

 

TRAFFIC MANAGEMENT ACT 2004

 

79 Immobilisation of vehicle where penalty charge payable

 

(5) The regulations shall provide—

(a) that an immobilisation device must not be fixed to a vehicle if a current

disabled person’s badge is displayed on the vehicle; and

(b) that if, in a case in which an immobilisation device would have been

fixed to a vehicle but for paragraph (a), the vehicle was not being

used—

(i) in accordance with regulations under section 21 of the

Chronically Sick and Disabled Persons Act 1970 (c. 44), and

(ii) in circumstances falling within section 117(1)(b) of the Road

Traffic Regulation Act 1984 (c. 27) (use where a disabled

person’s concession would be available),

the person in charge of the vehicle commits an offence and is liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.

 

(6) The regulations shall also provide that an immobilisation device must not be

fixed to a vehicle in a parking place in respect of a contravention consisting of,

or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle,

(b) properly to display a ticket or parking device, or

© to remove the vehicle from the parking space by the end of a period for

which the appropriate charge was paid,

until 15 minutes have elapsed since the giving of a notification of a penalty

charge in respect of the contravention.

 

(7) In this section—

“disabled person’s badge” has the same meaning as in section 142(1) of

the Road Traffic Regulation Act 1984;

“parking device” means a parking device within the meaning of section

35(3B) or 51(4) of that Act; and

“parking place” means—

(a) a parking place designated by an order under section 45 of that

Act, or

(b) an off-street parking place provided under section 32(1)(a) or

57(1)(b), or under a letting or arrangement made under section

33(4), of that Act.

-------------------------------

 

Road Traffic Act 1991 - Part II - Parking in London - Section 70

70 - Exemptions from section 69.(1)Section 69(1) of this Act shall not apply in relation to a vehicle if—

(a)a current disabled person’s badge is displayed on the vehicle;

(Section 69 is ‘Immobilisation of vehicles in parking places’).

 

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