BLUE BADGE SCHEME OF PARKING CONCESSIONS FOR DISABLED PEOPLE
CONSULTATION REPORT
Consultation on draft amendment regulations: The Disabled Persons (Badges for Motor Vehicles) ( Scotland ) (Amendment) Regulations 2007
114 organisations were consulted and 33 responses were received. Of these, two responses were each received from or on behalf of City of Edinburgh Council, Perth and Kinross Council and the Blue Badge Network. We have therefore treated these duplicate responses as a single response from each organisation for the purposes of analysis, and therefore taken the total number of responses to be 30. Two responses were received after the consultation period ended and so are not included in this analysis, but the substance of these responses was in any event confined to arguments for extending blue badge entitlement to sufferers of physical and mental conditions not covered by the proposed amendments.
Out of the total 30 responses received by the consultation period end, 20 or 67% were from local authorities, 9 or 30% were from organisations representing disability interests, and 1 or 3% was from an individual. The two late responses came from one organisation representing disability interests and one individual.
A number of responses suggested extensions to one or more of the proposed amendments and were classed as in favour for the purposes of the analysis. Not all proposals were explicitly commented on, and have therefore been categorised separately below, although the assumption has been made that in these circumstances respondents were in favour of them.
Proposed amendment 1: Children under two years who suffer from any condition that requires that:
¨ He or she is accompanied by bulky medical equipment which can be kept in a motor vehicle but which cannot be carried around with the child without great difficulty; or
¨ He or she must always be kept near a motor vehicle so that he or she can, if necessary, be treated for that condition in the vehicle or taken quickly in that vehicle to a place where he or she can be treated.
In favour: 24 (80%) - 18 local authorities, 6 organisations representing disability interests
Opposed: (3%) - City of Edinburgh Council could not agree to this amendment without the eligible medical conditions being first specified.
No comments: 5 (17%) 1 local authority, 3 organisations representing disability interests, 1 individual.
A number of respondents who were in favour nevertheless requested that guidance be made available which would, for example, specify the medical equipment and conditions to be eligible, rather than leaving discretion with local authorities.
Proposed amendment 2: `Individuals who 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.
In favour: 22 (73%) 17 local authorities, 5 organisations representing disability interests, 1 individual
Opposed: 2 (6%) - City of Edinburgh Council could not agree to this amendment without first seeing appropriate guidance, and Inverclyde Council were not convinced that temporary disabilities should be included.
No comments: 5 (17%) 1 local authority, 4 organisations representing disability interests
1 local authority, Perth and Kinross Council, considered that the minimum period of 12 months could be too long, and should be reduced to 6 months. Others who were in favour nevertheless suggested that the minimum period could be more flexible to take account of medical conditions that result in periods of severe disablement accompanied by periods of remission. Some groups representative of people suffering from conditions such as dementia and autistic spectrum disorders who are currently not eligible for a blue badge argued for their inclusion in the wording of this amendment. An individual also suggested that post operative patients could well benefit from a badge issued for a short period of time, for example three months.
OTHER AMENDMENTS TO THE REGULATIONS
New Regulation came into force on 1 April 2007.
Incorporation of hologram and additional/ revised wording
In favour: 11 (37%) 8 local authorities, 2 organisations representing disability interests
No comments: 19 (63%) 12 local authorities, 7 organisations representing disability interests, 1 individual
Various comments were made on the format of the blue badge, which the Executive has where possible taken account of. A number of respondents suggested that the addition of bar coding, linked to a national database, would aid enforcement and other suggestions included the insertion of a tactile mark to aid a blind or visually impaired person.
Maximum fee for badge raised to £20
In favour: 14 (47%) 12 local authorities, 2 organisations representing disability interests
Opposed: 3 (10%) organisations representing disability interests
No comments: 9 (30%) 5 local authorities, 3 organisations representing disability interests, 1 individual
4 respondents (13%) (3 local authorities and 1 organisation representing disability interests) commented that the proposal would need to be considered further, and that a standard national rate should be set rather than leaving to local authority discretion. 1 respondent suggested that the maximum charge should only be used for organisations and not individuals.
Period of Issue of between 1 and 3 years for people in receipt of the higher rate of the mobility component of the Disability Living Allowance
In favour: 12 (40%) 10 local authorities, 2 organisations representing disability interests
No comments: 18 (60%) 10 local authorities, 7 organisations representing disability interests, 1 individual
The Mobility and Access Committee for Scotland gave their support to this proposal with the proviso that at some later date the lower and medium rates would also be covered.
Other comments
Misuse/ fines
A number of respondents commented on the issue of misuse of blue badges, and suggested various means of addressing this such as on street, a central database of badge holders, increases in fines for persistent offenders (again requiring a change in legislation), and making clearer in signage at blue badge bays the fine for misuse.
Some respondents also suggested that fines should be used towards the costs of administering the scheme.
Guidance
While generally in favour of the proposals as a whole, many respondents, particularly local authorities, asked for supporting guidance in order to administer the scheme at a consistent national level and to clarify specific issues raised by the consultation. Guidance leaflets have since been drawn up and distributed to local authorities.