Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002
| Year | 2002 |
2002 No. 450
ROAD TRAFFIC
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002
Made 3rd October 2002
Laid before the Scottish Parliament 4th October 2002
Coming into force 8th November 2002
The Scottish Ministers, in exercise of the powers conferred by section 124 of, and paragraphs 21, 22(1)(d) and 25 of Part III of Schedule 9 to, the Road Traffic Regulation Act 1984 (“the 1984 Act”), as read with section 22 of the 1984 Act1and section 21(1)(b) of the Chronically Sick and Disabled Persons Act 19702and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of the 1984 Act, hereby make the following Regulations:
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002 and shall come into force on 8th November 2002.
(2) The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 20003are hereby revoked.
Interpretation
2.—(1) In these Regulations–
“the 1970 Act” means the Chronically Sick and Disabled Persons Act 1970;
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the Badges Regulations” means the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 20004;
“bus lane” has the meaning given by regulation 23(3) of the Traffic Signs Regulations and General Directions 19945;
“cycle lane” has the meaning given by regulation 4 of the Traffic Signs Regulations and General Directions 1994;
“disabled person’s badge” means a badge which was–
(a) issued, or has effect as if issued, to a disabled person or an institution under the Badges Regulations or under regulations having effect in England or Wales under section 21 of the 1970 Act;
(b) issued under a provision of the law of Northern Ireland corresponding to section 21 of the 1970 Act; or
(c) issued by any member State other than the United Kingdom for purposes corresponding to the purposes for which badges under section 21 of the 1970 Act are issued,
and has not ceased to be in force;
“hours of operation” in relation to a bus lane or a cycle lane means the periods during which the restrictions, by virtue of which it is a bus lane or cycle lane, apply; and
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19946.
(2) In these Regulations–
(a)
(a) a reference to an order which includes a provision of a specified kind includes a reference to an order which applies a provision of that kind in an existing order; and
(b)
(b) a reference to an order made under any provision of the 1984 Act includes a reference to an order having effect as if made under that Act and to an order varying or revoking an order made or having effect as if made under that Act.
Meaning of “relevant position”
3. A vehicle displays a disabled person’s badge in the relevant position if it is displayed in the manner prescribed by regulation 12 of the Badges Regulations.
Application
4. These Regulations apply to any order made in relation to a road by a local authority under section 1, 9, 35, 45 or 46 of the 1984 Act.
Exemption in favour of vehicles displaying disabled person’s badges
5.—(1) The following provisions of these Regulations have effect for requiring local authorities to include, in orders to which these Regulations apply, exemptions in favour of a vehicle displaying a disabled person’s badge.
(2) Any exemption from a provision which these Regulations require to be included in an order may be limited to vehicles of the same class as those to which the provision applies.
Exemption from prohibitions on waiting beyond a specified time
6.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act if the order includes a provision prohibiting the waiting of vehicles or vehicles of any class in a road either–
(a)
(a) beyond a specified period; or
(b)
(b) where less than a specified period has elapsed since a previous period of waiting by the same vehicle in that road.
(2) An order to which this regulation applies shall include an exemption from the prohibition in favour...
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