SPICe

DISABLED PARKING
NICKI GEORGHIOU

briefing
5 May 2004 04/33

This briefing sets out the current rules on disabled parking, for a debate in the Chamber on 5 May 2004, on motion S2M-1235#, in the name of Duncan McNeil MSP: Space InvadersThat the Parliament notes the difficulties experienced by people within local communities who have secured disabled parking spaces outside their homes; deplores the fact that these spaces can become a focus of conflict within communities where people seek to use such a space, despite not having a disabled parking badge; notes with equal dismay the figures published by the Baywatch campaign group that show that over 20% of disabled parking bays in supermarket car parks are being used by non-disabled drivers; recognises that the current legal position, which distinguishes between courtesy parking spaces and those supported by traffic regulation orders, creates problems for people with disabilities who need to rely on a designated parking space outside their home; appreciates, in the case of car parks on private land such as those belonging to supermarkets, the frustration of disabled drivers where the store management appears reluctant to enforce its own parking policy; acknowledges that, for their part, some store managers are not clear about their powers to compel drivers to move from specially designated bays; notes that this situation leaves supermarkets vulnerable to future legal action under the Disability Discrimination Act 1995 (as amended); therefore believes that the Scottish Executive, local authorities and all relevant agencies should work together to develop an awareness campaign to highlight the rights of disabled people and to emphasise the unacceptability of harassing those who have been allocated disabled parking spaces, and considers that, if a satisfactory solution cannot be found, the possibility of legislating to address the problem and giving local authorities the appropriate enforcement powers should be examined.

Scottish Parliament Information Centre (SPICe) Briefings are compiled for the benefit of the Members of the Parliament and their personal staff. Authors are available to discuss the contents of these papers with MSPs and their staff who should contact Nicki Georghiou on extension 85190 or email nicki.georghiou@scottish.parliament.uk. Members of the public or external organisations may comment on this briefing by emailing us at spice.research@scottish.parliament.uk. However, researchers are unable to enter into personal discussion in relation to SPICe Briefing Papers. Every effort is made to ensure that the information contained in SPICe briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes.

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INTRODUCTION
The rules on disabled parking differ depending on the location of the parking space. The Blue Badge Scheme applies to on-street parking only. Powers exist to tackle the abuse of disabled parking bays and are available to local authorities responsible for administering the Blue Badge Scheme. Off-street car parks are private property and charges and conditions of use are a contractual matter between the owner and the motorist. Spaces marked for disabled drivers are not legally enforceable. The Disability Discrimination Act 1995 (as amended), requires service providers to make reasonable adjustments for disabled people, such as providing disabled parking bays. It would be possible for a disabled person to make a claim against the service provider under the Act.

LOCAL AUTHORITIES AND THE BLUE BADGE SCHEME

Disabled people can apply for parking permits under the Blue Badge Scheme. The responsibility for the Blue Badge Scheme is devolved and is operated by local authorities. It permits disabled people to park, for example, without paying on streets with parking meters, on some double yellow lines, and in spaces on the street marked for disabled people. Under Section 47 of the Road Traffic Regulations Act 1984, it is an offence if a person parks in a designated disabled parking space, without a blue badge, and they will be liable to a fine of up to 1,000. However, the rules on where Blue Badge holders can park varies in different local authority areas. It is also for the local authorities, which are responsible for the administrative aspects of the blue badge scheme, to monitor the levels of misuse of badges within their particular areas. Local authorities provide disabled parking bays outside badge holders homes. If the local authority has promoted a TRO (Traffic Regulation Order) to support the use of the disabled parking bay, it would be enforceable. This however, does not mean that the bay is exclusive to the person who requested it. Any other disabled person displaying a blue badge could legally park there. If there has been no promotion of a Traffic Regulation Order, the bay would be advisory only and the police could only ask motorists to respect its use. A local authority may be reluctant to issue a Traffic Regulation Order, as it can be difficult to monitor the use of parking bays in a variety of locations. The Scottish Executive have recently published The Blue Badge Scheme: Guidance for blue badge holders and their drivers on the power to inspect blue badges being displayed on motor vehicles (January 2004), which is available at: http://www.scotland.gov.uk/library5/transport/tbbs-00.asp.

PRIVATE CAR PARKS AND THE DISABILITY DISCRIMINATION ACT

Owners of private car parks can designate parking spaces for disabled people at their own discretion. However, owners may be held to account under the Part III of the Disability Discrimination Act 1995 (as amended). Off-street car parks are private property and charges and conditions of use are a contractual matter between the owner and the motorist. In these car parks, spaces marked for disabled drivers only are in most cases not legally enforceable, but depend on the courtesy and
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consideration of other drivers. Car park operators could ask a non-disabled motorist to move their car from a space set aside for disabled people but they might not be in a position to insist upon it. Designated bays are provided in off-street car parks operated by local authorities under the Road Traffic Regulation Act 1984. It is for the individual local authorities whether or not a parking charge is levied. Since 1 October 1999 service providers have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services. If, for example, supermarkets do not monitor whether the service is accessible to disabled customers, not only by providing parking spaces but by ensuring they are not used by other able-bodied customers, then it is possible for a disabled person to make a claim against the supermarket under Part III of the DDA. For any dispute under the Act, a person may bring civil proceedings against the service provider. In Scotland this would take place in the Sheriff Court. The Disability Rights Commission has established an independent conciliation service for disputes arising under Part III of the Act with a view to promoting the settlement of such disputes otherwise than through the courts. A Code of Practice has been produced by the Disability Rights Commission, giving practical guidance on how to prevent discrimination against disabled people in accessing services or premises. The Code can be found at: http://www.drc.org.uk/open4all/law/code.asp.

FURTHER INFORMATION
Disability Rights Commission Scotland http://www.drc-gb.org/scotland/index.asp Disabled Persons Transport Advisory Committee http://www.dptac.gov.uk/ Mobility and Access Committee http://www.macs-mobility.org/

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