The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) (No. 2) Regulations 2008

Limitations on the power to immobilise vehicles

8.—(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—

(a) a current disabled person’s badge; or

(b) a current recognised badge.

(2) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used—

(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970(1);

(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984(2) (use where a disabled persons' concession would be available),

the person in charge of the vehicle will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used—

(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(3);

(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (4)(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 will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle;

(b) properly to display a ticket or parking device; or

(c) to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,

until the appropriate period has elapsed since the giving of a penalty charge notice under regulation 5 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication)(Wales) Regulations 2008 in respect of the contravention.

(5) For the purposes of paragraph (4) the appropriate period is—

(a) in the case of a vehicle in respect of which there are 3 or more penalty charges outstanding, 15 minutes;

(b) in any other case 30 minutes.

(1)

1970 c. 44: in relation to Wales, section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 30, by the Transport Act 1982 (c. 49) section 68, by the Road Traffic Regulation Act 1984 (c. 27), Schedule 13, by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 1, by the Road Traffic Act 1991 (c. 40), section 35(2)-(5), Schedule 8, by the Local Government (Wales) Act 1994, Schedule 10, paragraph 8, Schedule 18, by the Traffic Management Act 2004 section 94(1)-(4) and by the Disability Discrimination Act 2005 (c. 13) Schedule 1, paragraph 41.

(2)

1984 (c. 27); in relation to Wales section 117(1) was substituted by the Road Traffic Act 1991 section 35(6) and amended by the Disability Discrimination Act 2005, Schedule 1, paragraph 44(1), (2) and by the Traffic Management Act 2004, section 94(5).

(3)

Section 21A was inserted by the Disability Discrimination Act 2005, section 9.

(4)

Subsection (1A) was inserted by the Disability Discrimination Act 2005, Schedule 1, paragraph 44.