The Scottish Government

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SECTION ONE BACKGROUND AND CONTEXT

According to Government statistics there are approximately 1 million people with disabilities living in Scotland, which is around 1 in 5 of the population ¹. The prevalence of disability increases with age, and as the population of Scotland is ageing, the number of people with disabilities looks likely to grow ².

One of the most common mobility problems faced by people with disabilities is the lack of availability of designated parking spaces in off-street car parks that are located near to their destination. This is often because they are occupied by the cars of drivers for whom they are not intended.

Legislation and policies have been introduced to help people with disabilities to access services. Off-street car parking providers should be aware of the following:

BLUE BADGE SCHEME

The Blue Badge Scheme is a national arrangement in the UK, with a partnership arrangement in most European countries, to provide on-street parking concessions for people with certain disabilities who travel either as drivers or passengers. Currently, the Scheme in Scotland is open to people who:

• Have a permanent and substantial disability which means they are unable to walk or have very considerable difficulty in walking.
• Are unable to walk or have considerable difficulty in walking because of a temporary but substantial disability which is likely to last for a period of at least 12 months but less than 3 years.
• Have a severe disability in both upper limbs, regularly drive a motor vehicle but cannot turn the steering wheel of a motor vehicle by hand.
• Use a motor vehicle supplied for people with disabilities by the Scottish Executive or the Department of Social Security.
• Are registered blind.
• Receive the higher rate of the mobility component of the disability Living Allowance.
• Receive a War Pensioners' Mobility Supplement.
• Children under 2 whose medical needs require that he or she is accompanied by bulky medical equipment.

Since 2004 police officers, traffic wardens and local authority car parking attendants have the power to inspect Blue Badges in Scotland ³. It is an offence for badge holders not to show their badge when requested. This is designed to protect the rights of legitimate badge holders by stopping people who are forging, stealing or tampering with badges that are not their own.

Whilst legislation relating to the Blue Badge Scheme refers primarily to on-street parking, because a Blue Badge clearly indicates that the car is used by a disabled person, there is a common view that off-street reserved parking spaces should also be for the sole use of Blue Badge holders. A Traffic Regulation Order ( TRO) can be used to restrict the use of an off-street parking bay to Blue Badge holders only.

TRAFFIC REGULATION ORDERS

Traffic Regulation Orders ( TRO) are orders for public road to control the flow of traffic and make sure that people park safely and conveniently. TROs can also be used to ensure that an off-street parking bay for a disabled person cannot be used by anyone other than an eligible person.

Local Road Authorities in Scotland can make Traffic Regulation Orders under the Road Traffic Regulation Act 1984. The procedures for Local Traffic Authorities applying Traffic Regulation Orders are contained in the Local Authorities' Traffic Regulation Orders (Procedure) (Scotland) 1999. This legislation enables the Authorities to impose a fine of up to £1,000 for use of such a space by a non-disabled person.

Off-street parking providers wishing to apply for a TRO should contact their respective Local Authority. Scottish Planning Guidance is also available - see Section 8.

DISABILITY DISCRIMINATION ACT 2005

The Disability Discrimination Act ( DDA) 2005 makes it a legal requirement for service providers to ensure that people with disabilities do not find it "unreasonably difficult or impossible" to enjoy a given service in the same way as non-disabled people. The core principles of the Act are that:

• It is unlawful to discriminate against a disabled person by refusing to provide a service which is provided to other members of the public, or by providing a service which is of a lower standard or on less good terms.
• Changes should be made to any practice, policy or procedure which makes it impossible or unreasonably difficult for a disabled person to make use of the service.
• Any auxiliary aid or service which would enable a disabled person to use the service should be provided.

Car park operators have to demonstrate that as well as marking out disabled person's parking spaces, they have taken reasonable steps to ensure that they are available to people with disabilities. They should both provide a specified number of parking bays suitable for people with disabilities, and actively monitor them to ensure that there is no incorrect use.

If service providers do not monitor whether their service is accessible to disabled customers by ensuring that reserved parking spaces are not used by non-disabled customers, then it is possible for a disabled person to make a financial claim against that service under the DDA.

DISABILITY EQUALITY DUTY

The Disability Equality Duty ( DED) came into force in December 2006 and imposes a duty on public bodies to actively promote equality of opportunity for people with disabilities. Monitoring is carried out through current audit and inspection bodies. The Disability Rights Commission Scotland has produced a code of practice to support this legislation ⁴. Plans and procedures for ensuring that parking spaces designated for people with disabilities are available for their use are part of the Disability Equality Duties of public authorities.

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