Part IXE+W+S Further Provisions as to Enforcement

General provisionsE+W+S

117 Wrongful use of disabled person’s badge.E+W

F1 [( 1 )A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under [F2this subsection] if at that time—

(a) there was displayed on the motor vehicle in question a badge purporting to be [F3 in valid form, within the meaning given by section 21(1A) ] of the M1 Chronically Sick and Disabled Persons Act 1970, and

(b)he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,

but he shall not be guilty of an offence under [F2this subsection] if the badge was issued under that section and displayed in accordance with regulations made under it.]

[F4(1ZA)In subsection (1) in its application to the use of a vehicle in England and Wales, the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—

(a)should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section, or

(b)has been cancelled under subsection (7AB) of that section.]

[F5(1A)A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this subsection if at that time—

(a)there was displayed on the motor vehicle in question a badge purporting to be a recognised badge, and

(b)he was using the vehicle in circumstances where a concession would, by virtue of section 21B of the Chronically Sick and Disabled Persons Act 1970, be available to a vehicle lawfully displaying a recognised badge,

but he shall not be guilty of an offence under this subsection if the badge was a recognised badge and displayed in accordance with regulations made under section 21A of that Act.]

(3)In this section—

  • F6 . . .

  • “disabled person’s concession” means—

    (a)

    an exemption from an order under this Act given by reference to disabled persons’ vehicles; or

    (b)

    a provision made in any order under this Act for the use of a parking place by disabled persons’ vehicles.

  • [F7“recognised badge” has the meaning given in section 21A of the Chronically Sick and Disabled Persons Act 1970.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1S. 117(1) substituted (2.3.1992) for s. 117(1)(2) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 35(6); S.I. 1992/199, art. 3(1).

F2Words in s. 117(1) substituted (E.W.) (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 44(3); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

F3Words in s. 117(1)(a) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(7), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F5S. 117(1A) inserted (E.W.) (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch.1 para. 44(3); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

F6S. 117(3): definition of "disabled person's badge" repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1991/2054, art. 3, Sch.

F7S. 117(3): definition of "recognised badge" inserted (E.W.) (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 44(4); S.I. 2005/1676, art. 3(b); S.I. 2007/3285, art. 2(b)

Marginal Citations

117 Wrongful use of disabled person’s badgeS

F1[(1)A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this section if at that time—

(a)there was displayed on the motor vehicle in question a badge [F3in valid form, within the meaning given by section 21(1A)] of the M1Chronically Sick and Disabled Persons Act 1970, and

(b)he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,

but he shall not be guilty of an offence under this section if the badge was issued under that section and displayed in accordance with regulations made under it.]

[F4(1ZA)In subsection (1) in its application to the use of a vehicle F8..., the reference to a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is to be read as not including a badge that—

(a)should have been returned to the issuing authority in compliance with regulations under subsection (6) of that section or a notice under subsection (7A)(b) of that section, or

(b)has been cancelled under subsection (7AB) of that section.]

(3)In this section—

  • F6 . . .

  • “disabled person’s concession” means—

    (a)

    an exemption from an order under this Act given by reference to disabled persons’ vehicles; or

    (b)

    a provision made in any order under this Act for the use of a parking place by disabled persons’ vehicles.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1S. 117(1) substituted (2.3.1992) for s. 117(1)(2) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 35(6); S.I. 1992/199, art. 3(1).

F3Words in s. 117(1)(a) substituted (8.10.2013) by Disabled Persons' Parking Badges Act 2013 (c. 4), ss. 1(7), 7 (with s. 1(8)); S.I. 2013/2202, art. 2

F6S. 117(3): definition of "disabled person's badge" repealed (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1991/2054, art. 3, Sch.

Marginal Citations