THE HISTORY OF PARKING CONCESSIONS FOR DISABLED AND BLIND PEOPLE
(by Geoff Wilkinson, Committee Member and Southampton Area Representative)
Have you ever wondered about the history of the parking concessions
for disabled and blind people and the large amount of documentation
relating to the legislation and regulations that surrounds the parking
concessions for the Disabled Persons Parking Badge?
I will try and give an insight to the various Acts and Regulations
that have covered the issuing of the badge. Readers will also
note how the wording has changed relating to disabled people and
who is entitled to a badge, since it was first introduced on the
1st December 1971. Prior to that date there appears to have
been a yellow badge issued to disabled people.
The information that I found regarding yellow badges states that
the subject was discussed on the 11th April 1960 during the second
reading debate on the Road Traffic and Road Improvement Bill, when
the MP for Truro said, "The Disabled Drivers Motor Club (DDMC),
whose members suffer from severe disabilities, asks that its members,
or at any rate a defined section of them, should be allowed to have
a badge which would enable them to park, in certain conditions,
contrary to the general rule." He went on to say that he felt it
to be a moderate request. By the summer of that year the Government
had accepted the principle of a special badge carrying parking concessions
and in 1961 the "Yellow Badges" were issued.
They were issued by a local authority as defined under Section 29
of the National Assistance Act 1948 to people who had a permanent
and substantial disability which caused severe difficulty in walking,
but it was left to each local authority to work out the details
of its own scheme. In addition, the badge did not confer any legal
right on the driver to park in a restricted area. The DDMC encouraged
its members to report the effectiveness of the scheme in practice.
The Orange Badge Scheme of parking concessions for disabled people
came into operation on the 1st December 1971 by virtue of Regulations
made under Section 21 of the Chronically Sick and Disabled Persons
Act 1970.
From its inception the Scheme was intended to apply only to those
disabled people who have severe mobility problems. (It was not
until 1975 that the scheme was extended to blind people). The
object of the concession was to assist those qualifying for badges
to lead a normal life by making it easier to park without payment
in order to visit shops restaurants and other places by parking
close to their destination. (The concession relating to parking
on yellow lines was introduced later.)
The Regulations at the introduction of the scheme operated under
(SI 1971 No: 1492) Road Traffic, The Disabled Persons (Badges for
Motor Vehicles) Regulations 1971. These regulations were made on
the 7th September 1971, Laid before Parliament on the 17th September
1971 and came into Operation on the 1st December 1971. Some details
from this Statutory Instruments read as follows:
When the scheme started there were 3 types of Orange Badges issued:
One for a Disabled Driver, which required the Registration
Mark(s) of vehicle(s) and name of holder. The wording on this badge
read as follows: "The driver of this vehicle suffers from a serve
physical handicap which impairs mobility". The badge was signed
for by the Town Clerk / Clerk of the Council. There was a space
for the expiry date and Serial Number.
Conditions on the Reverse of the badge read as follows:
This Badge:
1. Is for use by the holder only.
2. Does not in itself confer any legal right to wait in places where
waiting is restricted.
3. May be displayed on a vehicle ONLY while it is being used by
the holder.
The vehicle should be moved if a police officer in uniform or a
traffic warden so requests. MISUSE can lead to withdrawal of the
badge. (Official Stamp of issuing authority)
The Badge for a Disabled Passenger, required Registration
Mark(s) of vehicle(s) and the wording read as follows: "The driver
of this vehicle is conveying (Name of Holder) who suffers from a
severe physical handicap which impairs mobility". The rest of
the details were the same as the previously stated.
Condition on the reverse side read as follows:
This Badge:
1. Is for the use by the holder only
2. Does not in itself confer any legal right to wait in places where
waiting is restricted.
3. May be displayed on a vehicle ONLY while it is being used for
the carriage of the person named on the front of the badge.
The vehicle should be moved if a police officer in uniform or a
traffic warden so requests. MISUSE can lead to withdraw of the badge.
(Official Stamp of issuing authority)
There was also a badge issued to INSTITUTION FOR DISABLED
This badge required Registration(s) of Vehicle(s) and stated, "The
driver of this vehicle is conveying a severely handicapped passenger
or passengers on behalf of (Name of Holder). The other detail
is the same as previously stated."
On the reverse side was printed:
CONDITIONS
This Badge:
1. Is for use by the holder only
2. Does not in itself confer any legal right to wait in places where
waiting is restricted
3. May be displayed on a vehicle ONLY while it is being used for
the carriage of disabled passengers.
The vehicle should be moved if a police officer in uniform or a
traffic warden so requests. MISUSE can lead to withdraw of the badge.
(Official Stamp of issuing authority)
On the 1st September 1972, the first Amended Statutory Instruments
1972 No. 906, Road Traffic, The Disabled Persons (Badges for Motor
Vehicles) (Amendment) Regulations 1972 were introduced by The Secretary
of State, in exercise of his powers under section 21 of the Chronically
Sick and Disabled Persons Act 1970(a) as extended by section 2(2)
of the Welsh Language Act 1967(b) and of all other enabling powers,
made the following Regulations which read as: -
1. These Regulations shall come into operation on the 1st September
1972 and may be cited as the Disabled Persons (Badges for Motor
Vehicles) (Amendment) Regulations 1972.
2. The Interpretation Act 1889© shall apply for the interpretation
of these Regulations as it applies interpretation of an Act of Parliament.
3. The Disabled Persons (Badges for Motor Vehicles) Regulations
1971(d) shall have effect as though-
(1) in Regulation 2 before the words ""The badge" there were inserted
"(1)";
(2) in Regulation 2 after the words "Part II of said Schedule" there
were added the following paragraph: -
(2) As respects a disabled person's badge to be issued by a local
authority in Wales or Monmouth-shire, a version of such a badge
may be issued partly in English and partly in Welsh, subject to;
-
(a) all particulars of the badge shown diagram 1A,2A,or 3A in Part
1of the said Schedule being in both English and Welsh;
(b) One language version of the said particulars being placed alongside
the other language version of those particulars;
(c) The same size lettering being used for each language version
of the said particulars; and
(d) The said badge complying with the specifications set out in
Part II of the said Schedule."
(3) In sub-paragraph (a) of Regulation 3 after the words "Health
Department" there were inserted the words "or the Welsh Office";
(4) In Part 1 of the Schedule after Diagram 1 there were inserted
Diagram 1A as set out in the Schedule of these Regulations;
(5) In Part 1 of the Schedule after Diagram 2 there were inserted
Diagram 2A as set out in the Schedule to these Regulation; And;
(6) In Part 1 of the Schedule there were inserted Diagram 3A as
set in the Schedule to these Regulations.
Dated 6th June 1972
Peter Thomas, Secretary of State for Wales.
Note the wording in those early days and you will see over the
next few editions will change from what is now not politically correct.
I would welcome any comments good or bad from our Welsh members.
Further changes came into operation on the 1st June 1975.
I have highlighted some of these changes to theses Regulations
as follows:
1975 No. 266 ROAD TRAFFIC The Disabled Persons (Badges for
Motor Vehicles) Regulations 1975
The changes that were noticed were as follows:
The Disabled Persons (Badges for Motor Vehicles) Regulations 1971(d)
and the Disabled Persons (Badges for Motor Vehicles) (Amendment)
Regulations 1972(e) were revoked. The Interpretation of these
Regulations read as follows:
3
(1) "the Act of 1967" means the Road Traffic Regulation Act 1967(f)
and Schedule 19 to the Local Government Act 1972(h), and as read
with section 32 0f the Countryside Act 1968 (i); "disabled person's
badge" has the meaning assigned to it by Regulation 4 of these
Regulations; "institution means an institution concerned with
the care of the disabled; "section 21 means section 21 of the
Chronically Sick and Disabled Persons Act 1970.
(2) Any reference in these Regulations to an order under any particular
section of the Act of 1967 includes a reference to an order made,
or having effect as if made, under that section.
(3) Any reference in these Regulations to any enactment shall
be construed as a reference to that enactment amended by or under
any subsequent enactment.
(4) The Interpretation Act 1889(a) shall apply for the interpretation
of these Regulations as it applies for the interpretation of an
Act of Parliament, and as if for the purposes of section 38 of
that Act these Regulations were an Act of Parliament and the Regulation
2 of these Regulations were Acts of Parliament thereby repealed.
Form of Badge
4
(1) Subject to paragraph (2) of this Regulation, the badge to
be issued by local authorities for motor vehicles driven by, or
used for the carriage of disabled persons (hereinafter referred
to as a "disabled person's badge") shall -
(a) In the case of a badge issued by virtue of Regulation 5 of
these Regulations be in the form in diagram 1 in part 1 of the
Schedule to these Regulations;
(b) In the case of a badge issued by virtue of Regulation 6 of
these Regulations be in the form shown in diagram 2 in the said
Part 1, and shall comply with the specification set out in part
II of the said Schedule.
(c) As respects a disabled person's badge to be issued by a local
authority in Wales, a version of such a badge may be issued partly
in English and partly in Welsh, subject to-
(a) All particulars of the badge shown in diagram 1A or 2A in
Part 1 of the said Schedule being in both English and Welsh;
(b) One language version of the said particulars being placed
alongside or below the other language version of those particulars;
(c) The same size lettering being used for each language version
of the said particulars; And;
(d) The said badge complying with the specifications set out in
Part II of the said Schedule.
Description of Disabled Persons
5. A disabled person shall be eligible to apply for the issue
to him of a disabled person's badge for one or more vehicles,
if he is a person who;
a) By reason of his disability, uses a motor vehicle supplied
to him by the Department of Health and Social Security, the Scottish
Home and Health Department or the Welsh Office, or is in receipt
of a grant under section 33(3) of the Health Services and Public
Health Act 1968(a) from such a Department; or
b) By reason of his disability, use a motor vehicle which is exempt
or is eligible to be exempted from any duty under the Vehicles
(Excise) Act 1971(b) by virtue of section 4(1)(b) or 7(2) thereof;
or
c) Has amputation or absence of a limb which causes considerable
difficulty in walking; or
d) Suffers from defects of the spine or of the central nervous
system or other motor defect which makes control of the lower
limbs difficult; or
e) Has some other permanent and substantial disability which causes
considerable difficulty in walking; or
f) Is registered as a blind person under the National Assistance
Act 1948(c) or
g) Is dependent upon the use of a wheelchair outside of his home.
Institution for Disabled
6. An institution shall be eligible to apply for the issue to
it of a disabled person's badge for any motor vehicle or, as the
case may be, for each motor vehicle, used by or on behalf of the
institution to carry disabled persons of any one or more of the
descriptions prescribed by the last preceding Regulation.
Period of Issue of Badges and Duplicates
7.
(1) A disabled person's badge shall be issued for a period of
three years beginning with the date upon which it is issued.
(2) A duplicate badge may be issued, if the badge which it will
replace has been lost or stolen or has become so mutilated or
faded as to cease to be effectively legible when displayed on
a vehicle, and shall be issued only for such period as remains
unexpired of the period of issue of the badge which it will replace.
Fee for Issue of Badge or Duplicate Badge
8. The fee (if any) which a local authority may charge for the
issue of a Disabled person's badge or a duplicate thereof shall
be an amount not exceeding £1.
Grounds for Refusing to Issue Badge
9.
(1) Subject to paragraph (2) below, a local authority may refuse
to issue a disabled person's badge only;
a) If an application for a badge (other than a duplicate badge)
is not accompanied by a certificate by a medical practitioner,
or a person authorised in that behalf by the local authority to
which the application is made, to the effect that the applicant
is a disabled person of a description prescribed by Regulation
5 of these Regulations, or that the institution named in the application
is concerned with the care of disabled persons of such a description;
or
b) If a badge already issued to an applicant has become due for
return to the issuing authority in any of the circumstances specified
in Regulation 10(f) or (g) of these Regulations; or
c) If an applicant fails to pay the fee (if any) chargeable for
the issue of the badge.
(2) Paragraph (1) (a) above shall not apply in relation to an
application by a disabled person if the application is made on
the grounds that he is a disabled person of a description prescribed
by paragraph (a), (b), or (f) of Regulation 5 of these Regulations
and if, in the case of an application by a disabled person of
a disabled person of a description prescribed by paragraph (b)
of that Regulation, he produces to the local authority the current
document in the form of a licence for his vehicle issued under
paragraph (3A)(b) of Regulation 26 of the Road Vehicles (Registration
and Licensing) Regulations 1971(a) (as amended)(b) (which related
to the registration and licensing of vehicles exempt from excise
duty)
Return of Badge to Issuing Authority
10. A disabled person's badge (including a duplicate badge) shall
be returned immediately to the issuing authority on the occurrence
of any of the following circumstances;
a) If it ceases to be required for the motor vehicle or all the
motor vehicles in respect of which it was issued;
b) On expiry of the period for which it was issued;
c) On the death of the holder, where the holder is other than
an institution;
d) If the holder (not being an institution) ceases to be eligible
to obtain a badge under Regulation 5 of these Regulations;
e) If an institution to which a badge has been issued ceases to
be concerned with the care of disabled persons of a description
prescribed by Regulation 5 of these Regulations;
f) If the badge has been obtained by a false representation;
g) If it is displayed on a motor vehicle at times when the vehicle
is not being used by, or for the carriage of, a disabled person
of any description prescribed by Regulation 5 of these Regulations;
h) Where a duplicate badge has been, issued to replace a badge
lost or stolen, and the badge replaced is subsequently found or
recovered.
Transitional Provisions
11.
(1) Any order made before the coming into operation of these Regulations,
being an order made or having effect as if made under section
1, 6,9, 31, 35, or 36 of the Act of 1967, and containing a provision
operating with reference to-
a) Badges issued by a local authority in pursuance of any scheme
having effect under section 29 of the National Assistance Act
1948, or any similar scheme having effect in Scotland, and borne
by vehicles or a class of vehicle; or
b) Badges issued under and in accordance with the Regulations
revoked by Regulation 2 of these Regulations and borne by vehicles
or a class of vehicle, shall, on and after the coming into operation
of these Regulations, apply and operate as if the reference in
that provision to any such badge as is mentioned in (a) or (b)
above were a reference to a disabled person's badge issued, or
having effect as if issued, under and in accordance with these
Regulations, borne by vehicles or, as the case may require, by
the same class of vehicles or, and displayed on a vehicle in the
relevant position.
(2) For the purposes of this Regulation and any order referred
to therein, a vehicle shall be regarded as displaying a disabled
person's badge in the relevant position when
a) In the case of a vehicle fitted with a front windscreen, the
badge is exhibited thereon with the obverse side facing forward
on the nearside of and immediately behind the windscreen; and
b) In the case of a vehicle not fitted with a front windscreen,
the badge is exhibited in a conspicuous position on the front
or nearside of the Vehicle.
Signed by authority of the Secretary of State
14th February 1975. Fred Mulley, Minister for Transport, Department
of the Environment.
18th February 1975. William Ross, Secretary of State for Scotland
25th February 1975. John Morris, Secretary of State for Wales
Part 2 of this Statutory Instruments gave the details of the Specification
for the new badge which were:
a) Be circular in shape and not more than 75mm. Nor less than
70mm. In diameter;
b) Contain the symbol and the particulars shown in any of the
diagrams in part 1 of this Schedule printed in black;
c) Otherwise on the obverse side be coloured orange; and
d) In the case of a duplicate badge be marked "duplicate" on the
obverse side.
EXPLANATORY NOTE (This note is not part of the Regulations)
These Regulations re-enact with amendments the Disabled Persons
(Badges for Motor Vehicles) Regulations 1971 the principal amendments
are as follows: -
a) New forms of badge are prescribed for issue to disabled persons
and to institutions for the disabled: in particular the requirements
to indicate on the badge the registration mark of the vehicle
or vehicles in respect of which it is issued is removed;
b) The distinction between the eligibility for badges so far as
regards disabled drivers and disabled passengers is removed;
c) Registered blind persons are brought within the categories
of persons for whom disabled person's badges can be issued.
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