PARKING CONCESSIONS FOR PERSONS WITH DISABILITY ACT

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

CHAPTER 560

PARKING CONCESSIONS FOR PERSONS

WITH DISABILITY ACT

To provide for parking concessions for persons with disability.

1st December, 2017

ACT XXXIX of 2016 .

The short title of this Act is the Parking Concessions for

Persons with Disability 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.

The overall dimensions of the Community-model parking card for people

with disabilities shall be

-

height: 106 mm,

-

width: 148 mm.

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

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

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';

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

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'Can be withdrawn if misused such as when allowing others to use it, or falsify it';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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

"occupational therapist" means any person registered as an

occupational therapist according to the Third Schedule of the

Health 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

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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

(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.

(1) The Commissioner for the Rights of Persons with

Disability m a y d e s i g n a t e a p u b l i c o ff i c e r f a l l i n g u n d e r t h e

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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

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 by

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

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 -

(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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

authorised officer is satisfied that it is not recoverable.

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

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

The following persons are eligible to qualify for a Blue

(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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

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(1)(c), (d), (e), (f)

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

proves that he has acted without such intent.

(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

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY

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 community officers 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 community officer 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.

PARKING CONCESSIONS FOR PERSONS WITH DISABILITY