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

Changes over time for: The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

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Statutory Instruments

2000 No. 682

ROAD TRAFFIC, ENGLAND

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

Made

9th March 2000

Laid before Parliament

10th March 2000

Coming into force

1st April 2000

The Secretary of State, in exercise of the powers conferred by section 21 of the Chronically Sick and Disabled Persons Act 1970(1), now vested in him(2), and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 21(7E) of that Act, hereby makes the following Regulations:

PART IE+WPRELIMINARY

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 and shall come into force on 1st April 2000.

(2) These Regulations extend to England.

Commencement Information

I1Reg. 1 in force at 1.4.2000, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations–

“the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;

“the 1982 Regulations” has the meaning given by regulation 3(1);

“the 1984 Act” means the Road Traffic Regulation Act 1984(3);

“disabled person” means a person more than 2 years old and falling within at least one of the prescribed descriptions in regulation 4;

“disabled person’s badge” means [F1, subject to paragraph (1A),] a badge in the form prescribed by regulation 11 issued by a local authority for display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled person, and includes a replacement badge issued in accordance with regulation 7;

“disabled person’s concession” has the meaning given by section 117(3) of the 1984 Act;

“holder”, in relation to a disabled person’s badge, means the individual or [F2organisation] to whom a disabled person’s badge was issued;

F3...

“individual’s badge” means a disabled person’s badge issued to an individual disabled person;

F3...

“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; F4...

[F5“local authority” means a county council, district council, the Council of the Isles of Scilly, a London borough council or the Common Council of the City of London;

“organisation” means an organisation concerned with the care of disabled persons to which a disabled person’s badge may be issued in accordance with section 21(4) of the 1970 Act; and

“organisational badge” means a disabled person’s badge issued to an organisation.]

[F6(1A) For the purposes of regulations 12 to 16, the definition of “disabled person’s badge” in paragraph (1) shall include a badge issued under regulations having effect in Scotland or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970.]

(2) In these Regulations a reference to an order made under any provision of the 1984 Act is to an order made, or having effect as if made, under that provision including an order varying or revoking an order made or having effect as if made under that Act.

(3) In these Regulations “relevant conviction” means–

(a)any conviction of–

(i)the holder of a disabled person’s badge; or

(ii)any other person using such a badge with the holder’s consent,

for an offence specified in paragraph (4); or

(b)any conviction of a person other than the holder of a disabled person’s badge of an offence under section 117(1) of the 1984 Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.

(4) The offences mentioned in paragraph (3)(a) are–

(a)any offence under section 5, 8, 11 or 16(1) of the 1984 Act so far as it relates to any contravention of or failure to comply with any provision of an order made under section 1, 6, 9 or 14 of that Act–

(i)prohibiting or restricting the waiting of vehicles on any road; or

(ii)relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or

(b)any offence under section 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of that Act.

(5) Any notice given under these Regulations shall be in writing.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2000, see reg. 1(1)

[F7Transitional provision]E+W

3.—F8(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any order made under the 1984 Act which refers to a disabled person’s badge shall, in relation to times falling after the coming into force of these Regulations, have effect as if the reference included a reference to a badge issued, or having effect as if issued, in accordance with these Regulations.

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.4.2000, see reg. 1(1)

PART IIE+WISSUE, DURATION AND REVOCATION OF BADGES

Descriptions of disabled personsE+W

4.—[F9(1) The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are—

(a)a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);

(b)a person who is not more than 2 years old and falls within either or both of the descriptions specified in paragraph (3).]

(2) The descriptions [F10referred to in paragraph (1)(a)] are a person who–

(a)receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security and Benefits Act [F111992];

(b)F12... is in receipt of a grant pursuant to [F13paragraph 10(3) of Schedule 1 to the National Health Service Act 2006] or section 46 of the National Health Service (Scotland) Act 1978(4);

(c)is registered as blind under section 29(4)(g) of the National Assistance Act 1948(5) or, in Scotland, is a blind person within the meaning of section 64(1) of that Act;

(d)receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(6) including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983(7);

[F14(e)drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;]

(f)has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

[F15(3) The descriptions referred to in paragraph (1)(b) are—

(a)a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty;

(b)a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.

(4) In this regulation—

(a)“bulky medical equipment” includes in particular any of the following—

(i)ventilators;

(ii)suction machines;

(iii)feed pumps;

(iv)parenteral equipment;

(v)syringe drivers;

(vi)oxygen administration equipment;

(vii)continual oxygen saturation monitoring equipment; and

(viii)casts and associated medical equipment for the correction of hip dysplasia; and

(b)“parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)).]

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.4.2000, see reg. 1(1)

[F16Organisational badgesE+W

5.  An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3).]

Textual Amendments

Fee for issue and period of issue of a badgeE+W

6.—(1) The fee (if any) which a local authority may charge for the issue of a disabled person’s badge is a fee not exceeding £2.

[F17(2) Subject to regulations 7(2) and 9, a disabled person’s badge shall be issued—

(a)to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following that person’s second birthday;

(b)to a person falling within the description specified in regulation 4(2)(a) or 4(2)(d), for whichever is the shorter of—

(i)the period of 3 years which begins with the date of issue; or

(ii)the period which begins with the date of issue and ends on the date on which that person will cease to receive the higher rate of the mobility component of the disability living allowance or the mobility supplement;

(c)to a person not falling within subparagraph (a) or (b) for a period of 3 years beginning with the date of issue.]

Textual Amendments

Commencement Information

I5Reg. 6 in force at 1.4.2000, see reg. 1(1)

Replacement badgesE+W

7.—(1) When a disabled person’s badge (“the original badge”) has been lost, stolen or destroyed, or has become so damaged or faded as no longer to be adequately legible when displayed on a vehicle, a replacement badge may be issued with the word “duplicate” marked on the front.

(2) A replacement badge shall be valid from the date of issue until such time as the original badge would have ceased to be valid.

Commencement Information

I6Reg. 7 in force at 1.4.2000, see reg. 1(1)

Grounds for refusal to issue a badgeE+W

8.—(1) A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).

(2) The grounds are–

(a)the applicant holds or has held a badge issued under these Regulations or under the 1982 Regulations and misuse has led to at least three relevant convictions;

(b)the applicant fails to provide the local authority with adequate evidence–

(i)in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies; or

(ii)in the case of an [F18organisation], that it is an [F18organisation] eligible to apply for a disabled person’s badge in accordance with regulation 5;

(c)the applicant fails to pay the fee (if any) chargeable for the issue of a badge; or

(d)the local authority has reasonable grounds for believing that the applicant–

(i)is not the person that he claims to be; or

(ii)would permit another person to whom the badge was not issued to display it on a motor vehicle.

(3) Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.

Textual Amendments

Commencement Information

I7Reg. 8 in force at 1.4.2000, see reg. 1(1)

Return of badge to issuing authorityE+W

9.—(1) A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–

(a)the expiry of the period for which the badge was issued;

(b)the death of the holder or, in the case of an [F19organisational] badge, the [F20organisation] ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an [F19organisational] badge, the [F20organisation] ceases to be eligible under regulation 5;

(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle;

(f)the badge ceases to be required by the holder.

(2) Subject to the provisions of regulation 10, a disabled person’s badge shall, within the prescribed period, be returned to the issuing authority if the authority gives to the holder a notice–

(a)stating that the authority refuses to allow the badge to continue in use on account of its misuse leading to at least three relevant convictions and giving particulars of that misuse; or

(b)stating that the authority is satisfied that the badge was obtained by false representation.

(3) For the purposes of paragraph (2) the prescribed period is–

(a)where no appeal is made in accordance with regulation 10, the period of 28 days beginning with the day on which the notice under paragraph (2) was issued;

(b)where an appeal is made in accordance with regulation 10(1) and the appeal is not allowed and no further appeal is made under regulation 10(11), the period of 28 days beginning with the day on which the Secretary of State gives notice of his determination of the appeal.

(c)where any appeal is made in accordance with regulation 10(11) and the appeal is not allowed, the period of 28 days beginning with the day on which the magistrates' court gives notice of its determination of the appeal.

(4) The issuing authority may take such action as may be appropriate to recover a disabled person’s badge which the holder is liable to return in accordance with this regulation.

Textual Amendments

Commencement Information

I8Reg. 9 in force at 1.4.2000, see reg. 1(1)

AppealsE+W

10.—(1) An applicant for a disabled person’s badge whose application has been refused on the ground specified in regulation 8(2)(a) or the holder of a badge who has been required to return it in accordance with regulation 9(2) may appeal to the Secretary of State against the determination of the local authority in accordance with this regulation.

(2) The appeal shall be made by notice given within the period of 28 days beginning with the date on which the notice of the determination is given and the procedure specified in the following provisions of this regulation shall apply, except that, if the Secretary of State considers it appropriate in the circumstances of a particular case, he may determine an appeal even though the provisions of paragraphs (3) to (5) have not been complied with.

(3) The notice of appeal shall be dated and signed by the appellant (or by a person authorised to sign on his behalf) and shall state the grounds of appeal.

(4) The notice of appeal shall be served on the Secretary of State either by posting it in a prepaid envelope or by delivering it by hand to the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.

(5) On receipt of the appeal the Secretary of State shall send a copy of it to the local authority against whose determination the appeal is made and, within the period of 28 days beginning with the date of the notice of appeal, the local authority shall send to the Secretary of State and the appellant–

(a)a copy of the notice issued by it to the appellant in accordance with regulation 8(3) or 9(2); and

(b)any representation that it wishes the Secretary of State to take into account in determining the appeal.

(6) The appellant may make representations by way of reply to any representations made by the local authority within the period of 28 days beginning with the date of those representations.

(7) Any representations made by the local authority or the appellant shall be signed and dated and submitted to the Secretary of State on the date they bear.

(8) The Secretary of State may in a particular case give directions setting later time limits than those prescribed by these Regulations.

(9) When the Secretary of State determines an appeal he shall–

(a)give notice to the appellant of his determination and of the reasons for it; and

(b)send a copy of the notice to the local authority.

(10) If the Secretary of State refuses an appeal and a further appeal is not made under paragraph (11) the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).

(11) A person aggrieved by notice given by the Secretary of State under paragraph (9) may, within the period of 28 days beginning with the day on which that notice is given, appeal to a magistrates' court F21... and the court may confirm, vary or quash the notice as it thinks fit, and make such order in the matter as it considers appropriate, and the determination of the court on any such appeal shall be binding on all the parties, and shall be final.

(12) If the magistrates' court refuses an appeal the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).

(13) In this regulation references to representations include a reference to supporting documents.

Textual Amendments

Commencement Information

I9Reg. 10 in force at 1.4.2000, see reg. 1(1)

PART IIIE+WFORM AND DISPLAY OF BADGES

Form of badgeE+W

11.  A disabled person’s badge is in the prescribed form if–

(a)the front and reverse of the badge are in the form shown in–

(i)Part I of the Schedule to these Regulations in the case of an individual’s badge; or

(ii)Part II of the Schedule in the case of an [F22organisational] badge, and

(b)the badge complies with the specifications in Part III of the Schedule.

Textual Amendments

Commencement Information

I10Reg. 11 in force at 1.4.2000, see reg. 1(1)

Manner in which a badge is to be displayedE+W

12.  For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–

(a)the badge is exhibited on the dashboard or facia of the vehicle, or

(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,

so that the front of the badge is clearly legible from the outside of the vehicle.

Commencement Information

I11Reg. 12 in force at 1.4.2000, see reg. 1(1)

Display of an individual’s badge when a vehicle is being drivenE+W

13.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is being driven.

(2) An individual’s badge may be displayed on a vehicle while the holder is either driving or being carried in it.

(3) An individual’s badge may also be displayed on a vehicle if–

(a)the vehicle is being used for the collection of the holder and no other purpose;

(b)a disabled person’s concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not be practicable for the vehicle to be lawfully driven to, or to stop at, the place at which the holder is to be collected if the concession did not apply to the vehicle.

(4) An individual’s badge may be displayed on a vehicle if–

(a)the vehicle, after being driven by or carrying the holder, is leaving the place where he got out;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession did not apply to the vehicle.

Commencement Information

I12Reg. 13 in force at 1.4.2000, see reg. 1(1)

Display of an individual’s badge when a vehicle is parkedE+W

14.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is parked.

(2) An individual’s badge may be displayed on a vehicle while it is parked if it–

(a)has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or

(b)is to be driven by the holder, or is to be used to carry the holder, from that place.

Commencement Information

I13Reg. 14 in force at 1.4.2000, see reg. 1(1)

[F23Display of an organisational badge when a vehicle is being driven]E+W

15.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an [F24organisational] badge may be displayed while a vehicle is being driven.

(2) An [F24organisational] badge may be displayed on a vehicle while it is being driven by or on behalf of the holder and is carrying a disabled person.

(3) An [F24organisational] badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–

(a)the vehicle is being used for the collection of a disabled person and for no other purpose;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to be lawfully driven to or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle.

(4) An [F24organisational] badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–

(a)the vehicle, after carrying a disabled person, is leaving the place where he got off;

(b)a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and

(c)it would not have been practicable for the vehicle to have left that place if the concession had not applied to the vehicle.

Textual Amendments

Commencement Information

I14Reg. 15 in force at 1.4.2000, see reg. 1(1)

[F25Display of an organisational badge when a vehicle is parked]E+W

16.—(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an [F26organisational] badge may be displayed while a vehicle is parked.

(2) An [F26organisational] badge may be displayed on a vehicle while it is parked if it has been, or is to be, used by or on behalf of the holder for carrying a disabled person to or from the place where it is parked.

Textual Amendments

Commencement Information

I15Reg. 16 in force at 1.4.2000, see reg. 1(1)

Signed by the authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

9th March 2000

(Regulation 11)

THE SCHEDULEE+W

[F27Part IE+W Individual’s Badge]

Textual Amendments

[F28Part IIE+W Organisational Badge]

Textual Amendments

Part IIIE+WSpecifications for Badge

Commencement Information

I16Sch. Pt. III in force at 1.4.2000, see reg. 1(1)

The badge shall be–

(a)106 millimetres in height;

(b)148 millimetres in width;

(c)the background on the front and reverse sides of the badge shall be coloured light blue and shall include a background of wheelchair symbols;

(d)the [F29larger] square box containing the wheelchair symbol and the rectangular box containing the country identifier shall be coloured dark blue. All other boxes on the badge shall be coloured white [F30, except the smaller square box containing the wheelchair symbol which shall display a hologram which alternates between that symbol and the identifier].

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, in relation to England the Disabled Persons (Badges for Motor Vehicles) Regulations 1982. They consolidate those Regulations with modifications in their application to England.

Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities recommends the use of a Community-model parking card for people with disabilities.These Regulations provide for the new form of disabled person’s badge to be issued in England.

Regulation 2 provides certain definitions.

Regulation 3 disapplies the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 in relation to England and makes transitional provisions in relation to applications made or other things done under the 1982 Regulations.

Regulation 4 prescribes the descriptions of disabled persons to whom a badge may be issued. They include persons–

(a)who receive the higher rate of the mobility component of the disability living allowance;

(b)who use specially supplied motor vehicles;

(c)are registered blind;

(d)receive a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983;

(e)drive motor vehicles regularly and have severe disability in both upper limbs and are unable to turn by hand the steering wheel of a motor vehicle; or

(f)have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking. Regulation 5 provides for the issue of a badge to an institution for a motor vehicle used to carry disabled persons.

Regulation 6 provides that a local authority may not charge a fee of more than £2 for issuing a badge. Subject to regulations 7(2) and 9, a badge is to be issued for three years.

Regulation 7 provides for the issue of replacement badges where the original badge has been lost, stolen or destroyed or has become badly damaged or faded.

Regulation 8 prescribes the cases in which a local authority may refuse to issue a badge. Those grounds are–

(a)the applicant holds or has held a badge and misuse led to at least three relevant convictions;

(b)the applicant fails to provide the local authority with adequate evidence as to his or its eligibility;

(c)the applicant fails to pay any fee for the issue of a badge; or

(d)the local authority has reasonable grounds for believing the applicant is not the person he claims to be or would permit another person to whom the badge was not issued to display it on a motor vehicle.

Regulation 9 prescribes the circumstances in which a badge shall be returned. These circumstances include the authority giving the holder notice of the misuse of the badge which led to at least three relevant convictions.

Regulation 10 provides for appeals to the Secretary of State in certain circumstances against decisions of local authorities to issue a badge or to require the return of one. Regulation 10 also provides for appeals to the magistrates' court acting for the petty sessions area in which the applicant for a badge resides.

Regulation 11 prescribes the form of a badge by reference to the Schedule.

Regulation 12 prescribes the manner in which a badge is to be displayed.

Regulation 13 prescribes the circumstances in which an individual’s badge may be displayed while a vehicle is being driven.

Regulation 14 prescribes the circumstances in which an individual’s badge may be displayed while a vehicle is parked.

Regulation 15 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is being driven.

Regulation 16 prescribes the circumstances in which an institutional badge may be displayed while a vehicle is parked.

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 are of related interest. They replace the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986, in relation to England.

Copies of relevant Regulations can be obtained from the Stationery Office.

(1)

1970 c. 44; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30; the Local Government (Scotland) Act 1973 (c. 65), Schedule 14; the Transport Act 1982 (c. 49), section 68; the Road Traffic Regulation Act 1984 (c. 27), Schedule 13, paragraph 11; the Local Government Act 1985 (c. 51), Schedule 5; the Road Traffic Act 1991 (c. 40), section 35, Schedule 8; the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 8; and the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 86.

(2)

See S.I. 1970/1681, 1979/571 and 1981/238.

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