The Disabled Persons (Badges for Motor Vehicles) (Amendment) Regulations (Northern Ireland) 2009

Amendment

2.—(1) The Disabled Persons (Badges for Motor Vehicles) Regulations (Northern Ireland) 1993(1) shall be amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “disabled person’s concession” substitute the following definition—

““disabled person’s concession” has the same meaning as in section 14B(4) of the Act;”; and

(b) insert the following definitions at the appropriate place alphabetically—

““penalty charge” and “penalty charge notice” have the same meaning as in the Traffic Management (Northern Ireland) Order 2005;”(2);

““relevant conviction” means the conviction of the holder of a disabled person’s badge or any other person using a disabled person’s badge with the holder’s consent of any offence under section 14B(1) of the Act (wrongful use of badge);”.

(3) For regulation 2(2) substitute the following paragraph—

“(2) For the purposes of these Regulations, a relevant penalty charge is incurred if a penalty charge notice has been issued to the holder of a disabled person’s badge or any other person using a disabled person’s badge with the holder’s consent in relation to a vehicle involved in a contravention specified in paragraph (3) and the penalty charge has been paid or an amount in relation to that penalty charge is recoverable under Article 15 of the Traffic Management (Northern Ireland) Order 2005.”.

(4) For regulation 2(3) substitute the following paragraph—

“(3) The contraventions referred to in paragraph (2) are any offence under—

(a) Article 4(5) of the Regulation Order of contravening a prohibition or restriction on the waiting of vehicles in any public road or in any area or the loading or unloading of vehicles;

(b) Article 14(1) of the Regulation Order in relation to using a parking place reserved for a disabled person’s vehicle in contravention of an order under Article 13 of that Order; or

(c) Article 19(1) of the Regulation Order in relation to—

(i) failing to pay any charge payable in respect of a vehicle left in a parking place; or

(ii) leaving the vehicle in a parking place for longer than the time authorised; or

(iii) leaving the vehicle again in the same parking place before the prescribed period has elapsed before a vehicle which has been taken away from a parking place may again be left therein.”

(5) For regulation 8A(2) (conditions relating to the misuse of badges) substitute the following paragraph—

“(2) The prescribed conditions are the misuse of a disabled person’s badge on at least 3 occasions which has led to—

(a) a relevant conviction; or

(b) a relevant penalty charge.”.

(1)

S.R. 1993 No. 202 as amended by S.R. 1995 No. 332, S.R. 1998 No. 297, S.R. 2000 No. 59, S.R. 2000 No. 322 and S.R. 2008 No. 501

(2)

S.I. 2005/1964 (N.I. 14)