The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 1991

Exemption in Orders for vehicles displaying disabled persons' badges

4.  –

(1) Where an Order under section 1, 9, 35, 45 or 46 of the 1984 Act–

(a) includes a provision; or

(b) applies a provision of an existing Order under any such section, which–

(i) prohibits the waiting of, but not the loading or unloading of goods from, vehicles or any class of vehicles on any road or part of a road;

(ii) restricts the period of time during which vehicles or any class of vehicles may wait or be left on a road or part of a road; or

(iii) prescribes a period which must elapse before a vehicle which has been taken away from any such place on a road or part of a road may again be left therein,

then, in the case mentioned in sub-paragraph (a) above, the Order shall include a provision for exempting from such prohibition or restriction contained therein, except where the said prohibition or restriction relates to a bus lane or a cycle lane at a time when the bus lane restriction or the cycle land restriction is in operation, any disabled person’s vehicle which displays in the relevant position a disabled person’s badge issued by a local authority, and in the case mentioned in sub-paragraph (b) above, the Order shall also include a provision for exempting from any prohibition or restriction as applied and as originally enacted and subsequently extended (where this is the case), except where the said prohibition or restriction relates to a bus lane or a cycle lane at a time when the bus lane restriction or the cycle lane restriction is in operation, any disabled person’s vehicle which displays in the relevant position a disabled person’s badge issued by any local authority.

(2) Where an Order under section 45 or 46 of the 1984 Act–

(a) includes a provision; or

(b) applies a provision of an existing Order under either such section, which prescribes–

(i) a charge for a vehicle, or a vehicle of any class, left in a parking place;

(ii) a time limit in relation to the leaving of, or waiting by, vehicles, or vehicles of any class, in a parking place; or

(iii) a period which must elapse before a vehicle which has been taken away from a parking place may again be left therein,

then in the case mentioned in sub-paragraph (a) above, the Order shall include a provision for exempting from any such matter prescribed therein any disabled person’s vehicle which displays in the relevant position a disabled person’s badge issued by any local authority, and in the case mentioned in sub-paragraph (b) above the Order shall also include a provision for exempting from any matter prescribed and as applied and as originally enacted and subsequently extended (where this is the case) any disabled person’s vehicle which displays in the relevant position a disabled person’s badge issued by any local authority.

(3) Any provision for exemption required by this regulation to be contained in any Order referred to therein may be limited to the same class of vehicle as that to which the provision, from which exemption is required to be given by this regulation, applies.

(4) For the purposes of this regulation and any Order referred to therein, a vehicle displays a disabled person’s badge issued before 2nd March 1992 in the relevant position if–

(a) in the case of a vehicle fitted with a front windscreen, the badge is exhibited thereon on the near side of and immediately behind the windscreen and with its front facing forward so as to be legible from outside the vehicle; or

(b) in the case of a vehicle not fitted with a front windscreen, the badge is exhibited in a conspicuous position on the vehicle,

and a vehicle displays a disabled person’s badge issued on or after 2nd March 1992 in the relevant position if–

(i) in the case of a vehicle fitted with a dashboard or fascia panel, the badge is exhibited thereon so that Part 1 of the badge is legible from outside the vehicle; or

(ii) in the case of a vehicle not fitted with a dashboard or fascia panel, the badge is exhibited in a conspicuous position on the vehicle so that Part 1 of the badge is legible from outside the vehicle.