PART IVMiscellaneous and Supplemental

Immobilisation of vehicles illegally parked

54Exemptions from section 53

(1)

Subject to the following provisions of this section, section 53(1) of this Act shall not apply in relation to a vehicle found by a constable in the circumstances mentioned in that subsection if either—

(a)

a current disabled person's badge is displayed on the vehicle; or

(b)

the vehicle is in a meter bay within a parking place designated by an order made under section 35 of the 1967 Act (referred to below in this section as a designation order).

(2)

The exemption under subsection (1)(b) above shall not apply in the case of any vehicle if—

(a)

the meter bay in which it was found was not authorised for use as such at the time when it was left there (referred to below in this section as the time of parking); or

(b)

an initial charge was not duly paid at the time of parking ; or

(c)

there has been since that time any contravention in relation to the relevant parking meter of any provision made by virtue of section 36(2)(c) of that Act (meter-feeding) ; or

(d)

more than two hours have elapsed since the end of any period for which an initial charge was duly paid at the time of parking or (as the case may be) since the end of any unexpired time in respect of another vehicle available on the relevant parking meter at the time of parking.

(3)

For the purposes of subsection (2)(a) above, a meter bay in a parking place designated by a designation order is not authorised for use as such at any time when—

(a)

by virtue of section 37(1)(a) of the 1967 Act (times when vehicles may not be left in designated parking place) the parking place is treated for the purposes of sections 36 and 42 of that Act as if it were not designated by that order; or

(b)

the use of the parking place or of any part of it that consists of or includes that particular meter bay is suspended under section 37(3) of that Act (order may confer power on certain authorities to suspend use of designated parking place or any part of it, etc.).

(4)

In relation to any vehicle found in a meter bay within a parking place designated by a designation order, references in subsection (2) above to an initial charge are references to an initial charge payable in respect of that vehicle under section 35 of the 1967 Act.

(5)

In any case where section 53(1) of this Act would apply in relation to a vehicle but for subsection (1)(a) above, the person guilty of contravening the prohibition or restriction mentioned in section 53(1) is also guilty of an offence under this subsection if the conditions mentioned in subsection (6) below are met.

(6)

Those conditions are that at the time when the contravention occurred—

(a)

the vehicle was not being used either by the person to whom the disabled person's badge was issued or under subsection (4) (institutional use) of section 21 of the M1Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons); and

(b)

he was not using the vehicle in circumstances falling within section 86A(2)(b) of the 1967 Act (circumstances where certain concessions are available to disabled person's vehicles).

(7)

A person guilty of an offence under subsection (5) above shall be liable on summary conviction to a fine not exceeding £200.

(8)

In this section—

" disabled person's badge " means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 ;

" initial charge " and " parking meter" have the same meanings as in section 36 of the 1967 Act; and

" meter bay " means a parking space equipped with a parking meter;

and the references in subsection (2) above to the relevant parking meter are references to the parking meter relating to the meter bay in which the vehicle in question was found.