ACT No. XXXIX of 2016 AN ACT to provide for parking concessions for persons with disability.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

29th July, 2016

ACT No. XXXIX of 2016

AN ACT to provide for parking concessions for persons with

disability.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Parking Concessions

for Persons with Disability Act, 2016.

(2) This Act shall come into force on such a date as the

Minister responsible for the rights of persons with a disability may by

notice in the Gazette establish and different dates may be so

established for different provisions and different purposes of this Act.

DESCRIPTION AND FACSIMILE OF A BLUE BADGE

The description of the Blue Badge to be used in Malta is taken from Council

Recommendation 98/376/EC of 4 June 1998 on a parking card for people with

disabilities.

A. The overall dimensions of the Community-model parking card for

people with disabilities shall be

-

height: 106 mm,

-

width: 148 mm.

B. The colour of the parking card shall be light blue, except for the white

wheelchair-user symbol, which shall have a dark blue background.

C. The parking card for people with disabilities shall be plastic-coated,

with the exception of the space reserved for the holder's signature on the left-hand

side of the reverse.

D. The parking card for people with disabilities shall be divided vertically

into two parts on both the front and reverse.

The left-hand side of the front shall contain

-

the wheel-chair user symbol in white on a dark blue background,

-

the date of expiry of the parking card,

-

the serial number of the parking card,

-

the signature of the Commissioner for the Rights of Persons with

Disability and the designation of the signatory.

The right-hand side of the front shall contain

in bold type letters, the words 'Parking card for people with

-

disabilities' in the language(s) of the Member State issuing the card; after a

suitable space, the words 'Parking card' shall appear in small type in the other

languages of the European Union,

-

the words 'EUROPEAN COMMUNITY MODEL' in the language(s) of

the Member State issuing the card,

-

as background, the distinguishing code of the Member State issuing the

parking card.

The left-hand side of the reverse shall contain

1. the holder's surname;

2. the holder's forename(s);

3. the holder's signature or other authorised mark, if allowed under

national legislation;

4. the holder's photograph.

The right-hand side of the reverse shall contain

1. the statement

'This Blue Badge gives the right to the holder to park in disabled parking

spaces';

2. the statement

'Can ONLY be used by the holder';

3. the statement

'Can be withdrawn if misused such as when allowing others to use it, or

falsify it';

4. the statement

'If a vehicle not displaying a Blue Badge is parked in a disabled parking

space you can call the Police on 119';

5. the statement

'If you find this Blue Badge and do not own it, please take it to a Police

Station'.

E. With the exception of the right-hand side of the front, entries shall be

shown in the language(s) of the Member State issuing the parking card.

In this Act, unless the context otherwise requires -

"Access for All Standards" means the Accessibility For All in

the Built Environment Maltese Standard;

"applicant" means a person with disability who applies for a

Blue Badge;

"assessment" means a medical assessment by the Board carried

out in order to assess whether a person is eligible to be awarded a

Blue Badge;

"authorised officer" means the public officer designated by the

Commissioner for the Rights of Persons with Disability as the person

authorised to administer the scheme, issue Blue Badges, and, to the

extent of any power delegated as hereinafter provided, includes any

person delegated for the purpose by the public officer designated as

the authorised officer;

"Blue Badge" means a parking card for persons with disability

who qualify under this Act to hold such card;

"Board" means a medical board composed of a medical doctor, a

physiotherapist and an occupational therapist;

"Commissioner for the Rights of Persons with Disability"

means the Commissioner for the Rights of Persons with Disability

under the provisions of the Equal Opportunities (Persons with Cap. 413.

Disability) Act;

"Commissioner of Police" means the Commissioner of Police as

defined in the Police Act;

"designated parking space" means parking bays reserved for

holders;

"disability” means disability as defined under the provisions of

the Equal Opportunities (Persons with Disability) Act;

"holder" means any person with disability to whom a Blue

Badge has been issued under this Act;

"impairment", in the context of disability, means any loss,

restriction or abnormality of psychological, physiological, or

anatomical structure or function;

"medical doctor" means any person registered in the Medical

Register under the provisions of the Health Care Professions Act;

"occupational therapist" means any person registered as an

occupational therapist according to the Third Schedule of the Health Cap. 464.

Care Professions Act;

"person with disability" means any person with a disability as

defined in the Equal Opportunities (Persons with Disability) Act;

"physiotherapist" means any person registered as a

physiotherapist according to the Third Schedule of the Health Care Cap. 464.

Professions Act;

"public instrument" means a public instrument as referred to in

articles 183 to 190 of the Criminal Code;

"scheme" means a scheme whereby a holder is allowed parking

concessions in order to alleviate the disadvantages brought by any of

the impairments referred to in article 13;

"vehicle" means a mode of transportation as defined by the

Motor Vehicles Regulations save for the definitions "motor cycle",

"quad bike", "motor tractor", "N1 motor vehicle", "N2 motor vehicle"

and "N3 motor vehicle".

LIST OF THIRD COUNTRIES WHERE MUTUAL RECOGNITION OF BLUE

BADGES EXISTS

Blue Badges to be used within the territory of the Republic of Malta should

be issued in Malta or a Member State of the European Union or of a State of the

European Economic Area: provided that a State of the European Economic Area

means Iceland, the Principality of Liechtenstein, the Kingdom of Norway and

Switzerland

Provided that further to the provisions of the Resolution no. 97/4 on

Reciprocal Recognition of Parking Badges for Persons with Mobility Handicaps

adopted by the European Conference of Ministers of Transport in Berlin on 21 - 22

April 1997, such mutual recognition is also given to Blue Badges issued in

Australia, Canada, Japan, South Korea, New Zealand and the United States.

(1) There shall be a scheme whereby persons with

disability who qualify for such scheme are given a Blue Badge which

allows a vehicle to be parked in designated parking spaces.

(2) The aim of the scheme is to facilitate the social integration

and mobility of persons with disability by increasing accessibility and

reducing the hardship experienced by a holder by granting a

concession to reduce the distance between the parked vehicle used for

the transportation of the holder and the destination of the holder.

FACSIMILE OF A BLUE BADGE

(1) The Commissioner for the Rights of Persons with

Disability shall be responsible for the scheme and for authorising the

issuance of Blue Badges.

(2) A Blue Badge shall have the design prescribed in Schedule

III, shall be proof of its content and shall be considered for all intents

and purposes as a public instrument.

(3) Blue Badges shall be issued following due assessment by

the Board.

PERSONS AUTHORISED TO USE THE CARD

1. Only the persons indicated under article 13 of this Act are eligible for

the issuance of the Card.

2. The Card may only be used in accordance with article 8 of this Act.

3. Any breach of the provisions of this Act shall result in the consequences

laid down by this Act.

Passed by the House of Representatives at Sitting No. 420 of the19th July,

2016. A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.26

(1) The Commissioner for the Rights of Persons with

Disability may designate a public officer falling under the

responsibility of the Minister for Justice, Social Affairs, Health,

Transport or Home Affairs to act as the authorised officer.

(2) A register of persons who apply to be assessed by the

Board shall be kept by the authorised officer; the provisions of the

Data Protection Act shall apply in connection with data kept in the

register.

(1) It shall be the responsibility of the Authority for

Transport in Malta to create designated parking spaces in parking

areas and public roads

Provided that, when a parking area is not open to the

public, suitable designated parking spaces are to be allocated for

disabled persons habitually using the said area.

(2) Local Councils may make available further designated

parking spaces according to any existing local parking schemes and

give further concessions in addition to the ones granted under this Act

to holders, provided that the Authority for Transport in Malta

approves such concessions.

(3) Designated parking spaces are to be identified by

displaying the symbol of access as may be approved by the

Commissioner for the Rights of Persons with Disability from time to

time and made in conformity with the Access for All Standards.

(4) Designated parking spaces shall be of a size, design and

location in accordance with the Access for All Standards.

(1) A person with disability may apply for assessment Assessment by

by the Board in the manner prescribed by the authorised officer, who the Board.

shall issue the list of documents required to be submitted to the Board

and request the payment of any applicable fee as may be prescribed.

(2) The scheme may be availed of after the Board approves the

application and the successful applicant receives the Blue Badge.

(1)

The Blue Badge shall enable a vehicle -

Blue Badge.

(a)

in which the holder is travelling, or;

(b)

which will be used for the immediate travel of the

holder,

to be parked in designated parking spaces.

(2) When a vehicle is parked in a designated parking space,

the Blue Badge must be prominently displayed on the vehicle's

windscreen. When in use, the Blue Badge is to be displayed at the

front of the vehicle in such a way that the front of the Blue Badge,

that is, the side which portrays the symbol of access, is clearly visible

for checking purposes.

(3) A Blue Badge shall remain valid for a period specified in

the document itself; however, in no case shall the period of validity

exceed five years

Provided that at any given time, only one Blue Badge

issued in the holder's name shall be deemed to be valid.

(4) There shall not be an automatic right of renewal after the

expiration of validity of a Blue Badge, but the holder shall have the

right to re-apply for a new Blue Badge. Such application shall be

lodged three months prior to the expiry of the Blue Badge and, upon

renewal, the applicant shall surrender the expired Blue Badge in

exchange for a new one

Provided that the authorised officer shall process the

application within two months from the date of assessment

Provided further that the Commissioner for the Rights of

Persons with Disability shall authorise such award without delay.

(1) The Commissioner for the Rights of Persons with

Disability shall appoint a board to conduct medical assessments on

applicants. The Board shall be composed of

(a)

a medical doctor,

(b)

a physiotherapist, and

(c)

an occupational therapist.

(2) The Board shall exercise its functions in the place

designated by the authorised officer.

(3) A refusal of the Board to grant a Blue Badge shall give rise

to the right of appeal. The unsuccessful applicant may lodge an

appeal in writing addressed to the Secretary to the Appeals Board by

not later than thirty (30) working days from the date of the letter of

refusal.

(1) The Commissioner for the Rights of Persons with

Disability shall appoint an Appeals Board which shall be composed

of

(a)

a Police officer not below the rank of inspector

assigned to traffic duties, who shall chair the appeals,

nominated by the Commissioner of Police;

(b) a medical doctor, other than the one appointed on

the Board;

(c)

a lawyer; and

(d) a member who is a person with disability nominated

by the Commissioner for the Rights of Persons with Disability.

(2) The Board shall review and decide on appeals filed in

accordance with article 9.

(3) The authorised officer shall appoint a Secretary to the

Appeals Board.

(1) If a Blue Badge is accidentally or by use destroyed

or defaced, the holder shall, without delay, report the fact to the

authorised officer; when a Blue Badge is defaced, the holder shall

surrender it to the authorised officer.

(2) If a Blue Badge is lost or stolen, the holder shall report the

fact to the authorised officer, and file a report to the Executive Police

or take a sworn affidavit before a Commissioner for Oaths. A

temporary Blue Badge may be issued by the authorised officer,

following receipt of a report that the Blue Badge has been lost, stolen,

destroyed or defaced, and upon the payment of any applicable fee

Provided that, in the case of a defaced Blue Badge, the

holder is to surrender the said Blue Badge before the issuance of a

temporary Blue Badge.

(3) A replacement of the lost, stolen, destroyed or defaced

Blue Badge may be issued by the authorised officer, provided that the

temporary Blue Badge is surrendered to the authorised officer.

(4) A Blue Badge shall be deemed to have been lost if the

authorised officer is satisfied that it is not recoverable.

(1) For the purposes of this Act, a Blue Badge which Withdrawn Blue

has not been tampered with shall, unless it is invalid, be evidence of Badge.

the identity of the holder, and shall be accepted as such.

(2) Any public officer or any interested party who suspects

that the person making use of the Blue Badge is not doing so in the

manner prescribed by the provisions of this Act, or that the Blue

Badge has been tampered with, is to file a Police report.

(3) Whenever for any reason any of the particulars or any

other information contained in a Blue Badge is or becomes incorrect,

the holder shall, without delay, report the fact to the authorised officer

and shall surrender the incorrect Blue Badge to, and give all such

information as may be required by, that officer.

(4) The authorised officer shall thereafter cause the Blue

Badge to be indelibly marked as "Withdrawn as Incorrect" and, or

destroyed and shall issue another Blue Badge in substitution thereof.

The following persons are eligible to qualify for a Blue Eligibility

criteria.

Badge

(a)

persons with a permanent visual impairment

resulting in a visual acuity not exceeding 6/60 in the better eye

with correction, or a limit in the field of vision that is less than a

20° angle (tunnel vision) and who use a motor vehicle on a

regular basis; or

(b) persons with a severe permanent impairment in both

upper limbs, who regularly drive a motor vehicle but cannot

turn the steering wheel of a motor vehicle by hand even if that

wheel is fitted with a turning knob; or

(c)

persons with a permanent and substantial physical

impairment resulting in an inability to walk or very considerable

difficulty in walking or as a result of which the effort of walking

could be life threatening, and who use a motor vehicle on a

regular basis; or

(d) persons with a severe and permanent mental

impairment and with severe behavioural problems and who

need help and supervision frequently throughout the day and

during the night and who use a motor vehicle on a regular basis

Provided that persons under two years of age are exonerated

from being examined by the Board.

(1) The following provisions shall apply in the

implementation of the provisions of this Act

(a)

the description of the Blue Badge to be used in

Malta in accordance with Council Recommendation 98/376/EC

of 4 June 1998 on a parking card for people with disabilities, as

referred to in Schedules I and III;

(b) the recommendation on the Mutual Recognition of

EU Blue Badge according to Council Recommendation 98/376/

EC of 4 June 1998 on a parking card for people with disabilities

and its subsequent amendments, referred to in Schedule II; and

(c)

the recommendation on the Mutual Recognition of

third country Blue Badge in accordance with the provisions of

Schedule II.

(2) Vehicles displaying a Blue Badge shall be exempt from

clamping or towing, but any related fines (multi) which the driver or

owner of the vehicle may be liable to shall by increased by one

degree.

(1)

Any person who -

(a)

uses a Blue Badge that is no longer valid; or

(b)

uses a Blue Badge whose holder is deceased; or

(c)

being a relative, carer or cohabitant of the holder,

fails to return the Blue Badge to the authorised officer upon the

demise of the holder; or

(d) not being the holder, misuses a Blue Badge without

the holder's knowledge or permission; or

(e)

not being the holder, uses a Blue Badge in any

manner other than that prescribed in article 8; or

(f)

being a holder, uses a Blue Badge that has been

reported destroyed, lost or stolen; or

(g) in any manner whatsoever tampers with, copies,

forges, or alters a Blue Badge; or

(h) steals, donates, buys or sells a valid, expired or

copied Blue Badge; or

(i)

aids or abets the commission of any offence against

paragraphs (a) to (h),

shall be guilty of an offence against the provisions of this Act.

(2) Any person who commits an offence against the provisions

of sub-article (1) shall, on conviction, be liable to a fine (multa) of not

less than two hundred and thirty euro (€230) and not more than five

hundred euro (€500) and the towing of the vehicle; upon conviction

for a subsequent offence, the person will be liable to a fine (multa) of

not less than one thousand euro (€1,000) and not more than one

thousand and five hundred euro (€1,500) and the towing of the

vehicle.

(1) In the cases referred to in article 15(c), (d), (e), (f) Further

and (g) criminal intent shall be presumed, unless the accused proves provisions

relation to

that he has acted without such intent.

offences.

(2) Without prejudice to the provisions of sub-article (1),

whenever a person is convicted in relation to the provisions of article

15, the person shall also be liable for traffic offences.

(3) A holder shall be warned that the Blue Badge shall be

withdrawn after receiving a conviction for misusing or allowing the

badge to be misused.

(4) The Commissioner for the Rights of Persons with

Disability shall withdraw a Blue Badge if the holder is found guilty of

two convictions for misuse.

(5) Police officers and traffic wardens shall have the power to

inspect Blue Badges, and failure to produce a valid Blue Badge

without a reasonable justification when asked to by any police officer

or traffic warden shall amount to a criminal offence.

(6) Only Police officers shall have the power to seize a Blue

Badge where it is required as evidence in a criminal prosecution.