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Advisory Disabled Bays
Silas M
post Mon, 8 Jul 2019 - 12:08
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My sister-in-law is disabled and applied to Sheffield for an advisory disabled parking bay. Click to access relevant website info.

Her application was rejected. I offered to look into it.

From my research it appears that no council should be offering to place advisory disabled parking bays. This is because the General Directions pertaining to Schedule 7 prohibit placing road markings that include a “word or phrase” unless given the force of law. Click and scroll to bottom. Typically this would be a TRO.

My research also leads me to believe that Sheffield has no power to charge a £100 assessment fee or a £120 road marking fee in relation to advisory disabled parking bays. This is because neither the RTRA 1984 nor The Local Authorities (Transport Charges) Regulations 1998 provide any authority for them to do so. Obviously they would not, if the law prohibits the placing of advisory disabled bays in the first place!

There is no need for Sheffield to act as they are doing because they can provide disabled bays for specific users. All they have to do is include the disabled bay in a TRO and add a unique alphanumeric identifier to the road marking. It seems that they cannot charge for doing this though.

Assuming my research is correct, I want to take this up with Sheffield as they should act within the law and not charge without authority, but I do not want to ruin anything for the disabled.

What do members suggest as the best course of action?

Silas.
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post Mon, 8 Jul 2019 - 12:08
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The Rookie
post Fri, 3 Jan 2020 - 09:23
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QUOTE (Silas M @ Thu, 2 Jan 2020 - 23:53) *
Scamming the disabled is almost as low as anyone can go.

The counter argument is that the advisory bays are provided for people with a disability who don't qualify for a 'legal bay' (for which you usually need to qualify for the mobility component of the DLA)) yet need a degree of accommodation to make life 'easier'. Our neighbour can probably walk 40-50 metres, but without an advisory bay would often end up parked 100m from her house, the advisory bay works in that context I'd suggest?


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Silas M
post Sat, 4 Jan 2020 - 21:26
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QUOTE (The Rookie @ Fri, 3 Jan 2020 - 09:23) *
QUOTE (Silas M @ Thu, 2 Jan 2020 - 23:53) *
Scamming the disabled is almost as low as anyone can go.

The counter argument is that the advisory bays are provided for people with a disability who don't qualify for a 'legal bay' (for which you usually need to qualify for the mobility component of the DLA)) yet need a degree of accommodation to make life 'easier'. Our neighbour can probably walk 40-50 metres, but without an advisory bay would often end up parked 100m from her house, the advisory bay works in that context I'd suggest?


In short, the counter argument is that its OK for a council to ignore the law if the reason for doing so is well intentioned. If we turn this around, would it be OK for a person to park contrary to the law because it was well intentioned? I get what you're saying but it's a slippery slope.

Its not OK to provide an illegal bay just because someone does not qualify for a legal bay.

A council can provide a legal disabled bay outside any persons house, it does not have to be dependent upon DLA entitlement. They can even dedicate the bay to a specific disabled user if they want to make the bay user specific. It just means marking the bay with a permit identifier.

If a council has gone to the cost of marking out a disabled bay, why not just add the restriction and location to the next TMO or TRO that is about to be advertised. There is no extra cost in doing this. This way the bay is lawful and enforceable and if any PCN's are issued, it means the public claw back some of the tax payer money spent on subsidising the bay.

I fully support the provision of disabled bays. I just object to them being placed unlawfully (which by the way denies neighbours their legal right to object to them). I also object to the many councils charging and profiting from these unlawful bays. It's not right to charge a disabled person for a bay that anyone else can park in. It's better to provide a bay only the disabled person can park in and then charge those (via a PCN) who park in it without authority.



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phantomcrusader
post Sat, 4 Jan 2020 - 21:53
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I agree. The TSRGD 2016 does not allow bays to be marked "Disabled" unless backed by a legal order. Advisory bays are a money spinner and a con that may fall foul of the fraud laws.
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