Summary of Blue Badge Scheme Consultation Responses on Power to Inspect Proposal
Summary of responses
Blue Badge Scheme of parking concessions for disabled people
Consultation on guidance notes on the power to inspect Blue Badges for:
- Police and enforcement officers; and
- Blue Badge holders
Consultation dates
11 July 2005 to 1 October 2005.
Issue
The power for police and enforcement officers to inspect Blue Badges was one of the recommendations from the Disabled Persons Transport Advisory Committee - the Department's statutory advisers on the transport needs of disabled people - in their report to Ministers following the review of the Scheme.
A provision has therefore been included in the Traffic Management Act 2004 ("the 2004 Act") to amend section 21 of the Chronically Sick and Disabled Persons Act 1970 which established the Blue Badge Scheme.
Section 94 of the 2004 Act includes a provision to give police, traffic wardens, local authority parking attendants and civil enforcement officers the power, when carrying out their other parking enforcement functions, to require an occupant of a vehicle or anyone who they consider may be returning to or leaving a vehicle displaying a Blue Badge, to produce a badge for inspection.
It also creates an offence of failing without reasonable excuse to produce a badge when required to do so by an authorised officer. On conviction the offence is punishable by a fine of up to £1,000.
Accessible formats
Large print, Braille, audio and easy read
www.dft.gov.uk/stellent/groups/dft_mobility/documents/page/dft_mobility_039759.pdf
Responses received
65 (of which 70% were from local or enforcement authorities, 22% from disability organisations and 8% from other interested organisations).
Summary of responses
The proposals were broadly welcomed with no strong objections being raised to the draft guidance or regulatory impact assessment (RIA).
There was some confusion as to whether the new powers extended to Police Community Support Officers - they do not - and whether enforcement officers other than the Police had the power to confiscate a stolen badge or one that was being misused by someone other than the badge holder. The intention is that only the police should have the power to seize a badge and this is now addressed in the guidance.
Outcome
No strong objections were raised to the draft guidance.
The Government therefore intends to proceed with the guidance and the introduction of the new powers by Commencement Order which was made on 30 June 2006 and will come into force on 29 September 2006.
Next steps
The guidance will be circulated to police and local authorities in England from 30 June 2006 to allow sufficient time for the guidance to be disseminated within their organisations before the new powers are commenced on 29 September 2006.
Badge holders will be advised of the new powers through an advertising campaign in relevant publications. This will provide information on how to obtain a copy of the guidance. Badge holders will also receive a copy of the guidance from the issuing authority at the time that their badge is issued or renewed.
Useful links
For more information on the Blue Badge Scheme, please see www.dft.gov.uk/access .
For more information on general disability legislation please see www.disability.gov.uk.
The Disabled Persons Transport Advisory Committee also has its own web site at www.dptac.gov.uk/ .
The Government's portal, containing information and links for disabled people and carers in areas such as employment, health and education and advice on financial support, independent living and rights can be found at www.direct.gov.uk/DisabledPeople .
