The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2000

Scottish Statutory Instruments

2000 No. 60

ROAD TRAFFIC

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2000

Made

9th March 2000

Laid before the Scottish Parliament

10th March 2000

Coming into force

1st April 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 124 of, and paragraphs 21, as read with paragraph 22(1)(d), and 25 of Part III of Schedule 9 to, the Road Traffic Regulation Act 1984 (“the 1984 Act”), as read with sections 22 and 134(1) of the 1984 Act(1) and section 21(1)(b) of the Chronically Sick and Disabled Persons Act 1970(2) and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of the 1984 Act, hereby make the following Regulations:

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2000 and shall come into force on 1st April 2000.

(2) The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 1991(3) are hereby revoked.

Interpretation

2.—(1) In these Regulations–

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“the Badges Regulations” means the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000(4);

“bus lane” has the meaning given by regulation 23(3) of the Traffic Signs Regulations and General Directions 1994(5);

“cycle lane” has the meaning given by regulation 4 of the Traffic Signs Regulations and General Directions 1994;

“disabled person’s badge” means a badge which was–

(a)

issued, or has effect as if issued, to a disabled person or an institution under the Badges Regulations or under regulations having effect in England or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970; and

(b)

has not ceased to be in force;

“hours of operation” in relation to a bus lane or a cycle lane means the periods during which the restrictions, by virtue of which it is a bus lane or cycle lane, apply; and

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(6)

(2) In these Regulations–

(a) a reference to an order which includes a provision of a specified kind includes a reference to an order which applies a provision of that kind in an existing order; and

(b) a reference to an order made under any provision of the 1984 Act includes a reference to an order having effect as if made under that Act and to an order varying or revoking an order made or having effect as if made under that Act.

Meaning of “relevant position”

3.  A vehicle displays a disabled person’s badge in the relevant position if it is displayed in the manner prescribed by regulation 12 of the Badges Regulations.

Application

4.  These Regulations apply to any order made in relation to a road by a local authority under section 1, 9, 35, 45 or 46 of the 1984 Act.

Exemption in favour of vehicles displaying disabled person’s badges

5.—(1) The following provisions of these Regulations have effect for requiring local authorities to include, in orders to which these Regulations apply, exemptions in favour of a vehicle displaying a disabled person’s badge.

(2) Any exemption from a provision which these Regulations require to be included in an order may be limited to vehicles of the same class as those to which the provision applies.

Exemption from prohibitions on waiting beyond a specified time

6.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act if–

(a) the order includes a provision prohibiting the waiting of vehicles or vehicles of any class in a road either–

(i) beyond a specified period; or

(ii) where less than a specified period has elapsed since a previous period of waiting by the same vehicle in that road; and

(b) the prohibition does not apply to all vehicles except disabled persons' vehicles.

(2) An order to which this regulation applies shall include an exemption from the prohibition in favour of any vehicle displaying a disabled person’s badge in the relevant position.

Exemptions from prohibitions on waiting at all times or during specified periods

7.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act which includes a provision which–

(a) prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day;

(b) does not apply to a bus lane or cycle lane during its hours of operation; and

(c) is not a provision of the kind referred to in regulation 6(1).

(2) An order to which this regulation applies shall include an exemption from the prohibition in accordance with whichever of paragraphs (3) and (4) is appropriate in favour of any vehicle displaying a disabled person’s badge in the relevant position.

(3) Where the period of the prohibition does not exceed 3 hours the exemption shall be for the whole of that period.

(4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day.

Exemptions from the other provisions of orders under section 45 or 46 of the Road Traffic Regulation Act 1984

8.—(1) This regulation applies to an order made under section 45 or 46 of the 1984 Act which prescribes–

(a) a charge to be paid for a vehicle or vehicle of any class left in a parking place designated by the order;

(b) a maximum period during which a vehicle may wait in a parking place; or

(c) a period must elapse before a vehicle taken away from a parking place may be left there again.

(2) An order to which this regulation applies shall include an exemption, from each of the matters so prescribed, in favour of a vehicle displaying a disabled person’s badge in the relevant position.

SARAH BOYACK

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th March 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which revoke the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 1991 (S.I. 1991/2714), concern certain Traffic Orders made by local authorities in Scotland under the Road Traffic Regulation Act 1984 (c. 27) and require that such Orders should include in certain cases an exemption from waiting prohibitions or restrictions for vehicles displaying a disabled person’s badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

Regulation 1(1) deals with citation and commencement and regulation 1(2) revokes the previous Regulations.

Regulation 2 deals with interpretation and regulation 3 explains what is meant by displaying a disabled person’s badge “in the relevant position”. Regulation 4 specifies those Orders to which the Regulations apply.

Regulations 5, 6 and 7 set out those circumstances where an Order which includes or applies a waiting prohibition or restriction shall include or apply an exemption for any disabled person’s vehicle displaying in the relevant position a disabled person’s badge.

Regulation 8 sets out those circumstances where an Order which prescribes charges to be paid or maximum waiting times shall include an exemption for any disabled person’s vehicle displaying in the relevant position a disabled person’s badge.

(1)

1984 c. 27; paragraph 25 of Schedule 9 was amended by the Roads (Scotland) Act 1984 (c. 54), Schedule 9, paragraph 93(45)(b) and by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 80(6); section 22 was amended by the Environmental Protection Act 1990 (c. 43), Schedule 8, paragraph 7. The functions of the Secretary of state were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1970 c. 44; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30; by the Local Government (Scotland) Act 1973 (c. 65), Schedule 14; by the Transport Act 1982 (c. 49), section 68; by the Road Traffic Regulation Act 1984 (c. 27), Schedule 13, paragraph 11; by the Local Government Act 1985 (c. 51), Schedule 5; by the Road Traffic Act 1991 (c. 40), section 35, Schedule 8; by the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 8; and by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 86. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(3)

S.I. 1991/2714.

(4)

S.S.I. 2000/.

(5)

Part I of S.I. 1994/1519.

(6)

1994 c. 39.