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Disabled parking bays


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#1 David

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Posted 22 February 2005 - 10:36 AM

Does anyone know the status of Disabled Parking bays?

1) For shops in their own car parks
2) For on-street designated bays and/or public car parks
3) For on-street designated bays outside the owner's house

I was asked this recently; his wife had a bay painted by the council outside their home which others used to park their own cars.

Which also brings up the first two questions. What are the legalities and FPN situations on all these? In the case of the store's own car parks, I'm assuming that designated bays by the store's own initiative don't have any legal standing anyway.

#2 Black Rat

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Posted 22 February 2005 - 01:17 PM

Parking Concessions For Disabled And Blind People

Misuse of badge

Section 21(4B) Chronically Sick and Disabled Persons Act 1970 - level 3 fine

It is an offence for a person to drive a motor vehicle on a road at a time when a badge is displayed on the vehicle unless the badge is issued under this section and displayed in accordance with regulations made under it.

The disabled persons badge provides exemption from waiting restrictions on yellow lines up to 3 hours but parking is prohibited in areas where there is a loading or unloading prohibition or in bus lanes and cycle lanes during their hours of operation.

The badge should be placed loose on the dashboard of the vehicle so that the name of the holder, the arrival time and the badge expiry date are clearly visible from the outside.

The ‘orange badge’ is now being replaced by a European model ‘blue badge’ which was introduced on 1st April 2000 . The eligibility criteria and the concessions provided under the parking scheme remain unchanged.

This would fit your query David to be honest... The offence would be FPN in reality

Section 117(1) Road Traffic Regulation Act 1984 - level 3 fine

A person who at any time acts in contravention of, or fails to comply with, any provision relating to the parking of motor vehicles is guilty of an offence if at that time :-

• there is displayed a badge, and

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

unless the badge was issued and displayed in accordance with regulations.

#3 bob84

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Posted 22 February 2005 - 01:30 PM

In the case of the store's own car parks, I'm assuming that designated bays by the store's own initiative don't have any legal standing anyway.

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We are told this is the case in work. We can ask people who shouldn't be using the spaces i.e. don't qualify for and don't have a blue/orange badge to move, but really it's upto them and their concience.

#4 David

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Posted 22 February 2005 - 03:22 PM

Thanks for that Ratty, but what I was getting at, what are the FPN regulations regarding someone who isn't displaying the blue disabled badge, for instance fully able-bodied, he sees an empty bay and parks in it because there's nowhere else to go or can't be bothered to walk an extra five yards?

This was the concern of the elderly gent; his wife's bay was painted outside their home by the council, but their fully able-bodied neighbour(s) would take the space before she got home.

#5 BlueLightBobby

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Posted 22 February 2005 - 04:21 PM

If it was on a private car par, I dont think there is any power to issue a fine. However, if it is parked on a public highway, I believe there maybe a £30 for wilful/unneccesary obstruction.

Edited by BlueLightBobby, 22 February 2005 - 04:23 PM.


#6 GMA79

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Posted 22 February 2005 - 05:01 PM

This was the concern of the elderly gent; his wife's bay was painted outside their home by the council, but their fully able-bodied neighbour(s) would take the space before she got home.

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The on-road "disabled" bays painted in white have no standing in law because (I think) there is no traffic order in place. They say this on the council's websites and leaflets, it's courtesy that people should observe them.

When I was at university the people down the road had a bay - my housemate found out to his car's paintwork's cost that you shouldn't park in that particular one.

Gareth

#7 GMA79

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Posted 22 February 2005 - 05:05 PM

We are told this is the case in work. We can ask people who shouldn't be using the spaces i.e. don't qualify for and don't have a blue/orange badge to move, but really it's upto them and their concience.

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If they get shirty just tell them that they aren't welcome to visit if they persist in parking incorrectly.

The local Sainsbury's has "Euro Car Parks" patrolling. At that store they seem to be enforcing a 2hr limit but their website says they can issue tickets for disabled bay abuse and incorrect parking. I am baffled as to how they know *who* to sue for breach of contract given that they don't know who was driving (and therefore formed the contract).

Gareth

#8 David

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Posted 23 February 2005 - 11:46 AM

Thank you all, much appreciated.

#9 avenger

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Posted 24 February 2005 - 01:20 AM

I assume that if one is disabled and gets a bay painted outside one's house anyone with a disabled badge can park in it without committing an offence be it an enforced bay or not.


Just out of curiosity and on a similar theme if a Doctor who is not a medical doctor parked in a doctors bay would this be an offence, does the legislation specify BMA membership, have a friend who is a Doctor of some weird science
and joked she could park in a Doctors Bay. I would have thought one had to display a BMA badge or something??

Edited by avenger, 24 February 2005 - 01:28 AM.


#10 Ventress

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Posted 25 February 2005 - 06:38 PM

Disab bays are for any disab badge holder, not the owner of the house they are outside of.

#11 Headset57

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Posted 25 February 2005 - 07:13 PM

We don"t have a disabled bay outside the house ,however the council have at our request put a solid white line outside teh drive / gates and they will enforce any vehicles there parked upon said line;especially if we"re blocked in as they will come and ticket the vehgicle and then lift it. :whistle: :lol: :D
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#12 GMA79

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Posted 25 February 2005 - 07:55 PM

We don"t have a disabled bay outside the house ,however the council have at our request put a solid white line outside teh drive / gates and they will enforce any vehicles there parked upon said line;especially if we"re blocked in as they will come and ticket the vehgicle and then lift it. :whistle:  :lol:  :D
Jeff.

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I have read many times about people being blocked out of their drives and 95% of the time the report was that the police/council say that only cars blocked in will be dealt with, blocked out is not a specific offence.

The white lines you describe are only painted by some councils because they are advisory only and don't make it any easier to issue tickets.

Gareth

#13 David

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Posted 25 February 2005 - 08:40 PM

In cases of blocked drives and the like, wouldn't you have 'wilful obstruction' though?

#14 pompeylad999

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Posted 30 March 2005 - 03:52 PM

Just to confirm on this, disabled bays painted outside peoples home addresses on the road and NOT enforcable, they are purely a courtesy thing, which sadly a lot of people have little of when seeing them.
As for on street disabled bays, you could consider a £30 FPN for no waiting in the disabled bay or unecessary obstruction if no bade was disaplayed and as said, if a badge is being abused you can submit a request for consideration to be given for its withdrawral.

For blocked drives uneccesary obsrtuction is the best offence and consider authorisation for towing if it is stopping the occupant going about their business as I did recently. The owner was taken to court and went not guilty. Rather than a £30 fine they were convicted and ended up with a fine plus court costs, and a £105 recovery bill for their car being towed. Cant imagine they will block a drive for a while!!

Paul :whistle:

#15 Another Constable

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Posted 30 March 2005 - 06:45 PM

The on-road "disabled" bays painted in white have no standing in law because (I think) there is no traffic order in place. They say this on the council's websites and leaflets, it's courtesy that people should observe them.

When I was at university the people down the road had a bay - my housemate found out to his car's paintwork's cost that you shouldn't park in that particular one.

Gareth

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I am 99% certain that the council are able to actually issue a traffic order as well as paint the sign on the road. I say this because where I used to work, there was a disabled bay painted outside someones house. They sold the house and moved. Then within a week there was a notice attached to the adjacent lamp-post that was a "revocation of traffic order" notice. It stated that the disabled bay traffic order had been revoked and that despite the symbol and writing on the road, it was no longer a designated bay and was available to all. I was probably the only person in the world to read that notice as the bay continued to be left empty all day every day until I started using it!

Ultimately the markings were burned off - but that notice is why I have my believe that traffic orders can be issued for such bays. I could of course be wrong :grin:

#16 Another Constable

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Posted 30 March 2005 - 06:52 PM

In fact - just found this on the first website out of s google search... from the Lewisham Council Website

Are disabled parking bays provided in CPZs in Lewisham?

There are two types of residential disabled parking bay:



Formal (statutory) bay. This bay is legally enforceable and in addition to the marking on the carriageway includes a post and sign. It requires the making of a traffic order and therefore involves significant administration and much greater cost to install.


Informal disabled bay. This has no legal force but comprises a marking on the carriageway and the word "disabled". It acts as a reminder to neighbours and visitors to respect the needs of the disabled resident. However, since these bays are unenforceable they cannot be used in a controlled parking zone.


CPZ is a controlled parking zone by the way.

What Lewisham council are saying is that there are two type of bays. One is enforceable, one is not. The enforceable type requires a sign in addition to the road markings and is more expensive to install. What is not clear is that if this is the case for a residential marking and sign, would the cost be passed on to the resident or do the council meet the cost. I guess the council would only meet the cost in exceptional circumstances, but it's worth noting that should you ever need a disabled bay painting on the road outside your house, it may be worth pushing for a correctly signed and therefore enforceable version! :whistle:

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#17 GMA79

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Posted 30 March 2005 - 08:22 PM

What is not clear is that if this is the case for a residential marking and sign, would the cost be passed on to the resident or do the council meet the cost. I guess the council would only meet the cost in exceptional circumstances, but it's worth noting that should you ever need a disabled bay painting on the road outside your house, it may be worth pushing for a correctly signed and therefore enforceable version!  :whistle:

I imagine there are various reasons why they can't charge extra for a legally enforceable version:

- The difficulty of assessing the true costs of the traffic order (it "costs" £50 to replace a light bulb in the public sector, in fact locally in one council they were actually billed £57 for replacing a bulb)

- Charging the public to pass legislation is probably contrary to various rules of laws. It would also say that basically that you can only have a legally enforceable bay if you can afford it, otherwise you have to make do with the normal one.

Gareth

#18 JLP

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Posted 30 March 2005 - 09:32 PM

What is the FPN code for parking in a disabled bay on the highway? We had one the other day, but the best I could come up with was "Parking vehicle incorrectly" or "Parking unauthorised vehicle". But then, I couldn't find one for parking on double yellows either!

#19 Another Constable

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Posted 31 March 2005 - 10:19 PM

What is the FPN code for parking in a disabled bay on the highway? We had one the other day, but the best I could come up with was "Parking vehicle incorrectly" or "Parking unauthorised vehicle". But then, I couldn't find one for parking on double yellows either!

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The offence code numbers differ from force to force which is a fantastic piece of police organisation!

The double yellow lines on Merseyside is "018 - Parking in a length of road where prohibited" - however, since the offence was decriminalised, Merseyside officers can no longer issue tickets for this offence and it's under the remit of the local councils. We can however issue for obstruction offences to vehicles on yellow lines if it is suitable in the circumstances (i.e. they really are causing a proper obstruction!).

The parking in a disabled bay comes under some heading like "Local Traffic Orders - Parking in a designated bay where prohibited" (can't remember the exact one and don't have a book with me) and covers use of marked taxi ranks, loading bays, disabled bays and such like where there are road markings and visible street signage to dictate who can park in the bays and under what circumstances.




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