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48(1)Section 79 of the Traffic Management Act 2004 (immobilisation of vehicle where penalty charge payable) shall have effect with the following amendments.E+W
(2)After subsection (5) there is inserted—
“(5A)The regulations shall provide—
(a)that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and
(b)that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—
(i)in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and
(ii)in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),
the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3)In subsection (7), after the definition of “parking place” there is inserted—
““ ;recognised badge ” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.”
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