Parking Places Bill

We have sent written evidence, at Stage 1 of the Disabled Persons' Parking Places (Scotland) Bill 2008, to the Clerk to the Local Government and Communities Committee at the Scottish Parliament. We call for greater enforcement of disabled parking places regulation. We also suggest that enforceable parking places should be fully marked and signposted to provide clarity to all road users and to deter potential misuse. It should be explicitly stated at each site that the parking place is enforceable, rather than advisory, making it clear that those abusing the designation are breaking the law. Maximum penalties for misuse should be clearly displayed. The impact of this legislation should be clear to all in order to achieve a culture of wide compliance. (The full text of our letter is copied below and a copy of the letter is in the document list on this website). "Disabled Persons' Parking Places (Scotland) Bill - Written Evidence from Ecas Ltd
This is a response, on behalf of Ecas Ltd, to the call for evidence on the Disabled Persons' Parking Places (Scotland) Bill. Ecas is an Edinburgh charity which has been representing the interests of disabled people since 1902, provides a number of grants and services, and has specific research and campaigns expertise in the field of transport.
Ecas welcomes the publication of the Bill and commends Jackie Baillie MSP for introducing the Bill. We agree with the intention of the Bill to make disabled persons' parking places legally enforceable, preventing the misuse of such parking places by those not entitled to use them.
Ecas is well aware of the reported widespread abuse of disabled parking places by those who do not qualify to use them. We believe that by making such parking places legally enforceable the level of misuse is likely to be reduced, freeing up spaces for disabled users who need them most. Section 1 of the Bill helps to further this aim by providing a duty that: "A local authority must promote proper use of parking places in its area that are designated for use only by disabled persons' vehicles".
We also believe that it is necessary to ensure that there is accurate and frequent reporting on the performance of local authorities in the provision of parking places. Section 11 of the Bill provides that local authorities must prepare annual reports on the provision of disabled parking places; and section 12 requires the Scottish Ministers to publish an annual report on how well local authorities have performed. We believe this is a sensible mechanism which should allow disabled people, and those who represent their interests, to monitor the provision of parking places.
However, Ecas has some concerns that, under the Bill, disabled persons' parking places should be used exclusively by blue badge holders. There are some circumstances in which individuals may have severe mobility impairments which are insufficiently long term to satisfy the criteria for a blue badge. For example, an individual might have a broken leg, which prevents her from walking without support for a period less than twelve months (making her ineligible for a blue badge). In these circumstances, it might seem reasonable to allow her to make use of a free disabled persons' parking place. We therefore suggest that the Bill should encourage an element of discretion on the part of those responsible for enforcing the parking places.
Ecas' clients often report individually that it is the misuse of advisory parking places on private land which acts as the main barrier to making car journeys. The anecdotal evidence is that such parking places are routinely misused, making it very hard for disabled drivers to predict, before arrival, that they will be able to park safely and conveniently. The measures in the Bill which address this widespread problem are very welcome.
In our view, the unenforceability of advisory disabled off-street parking places on private land is the key issue for the Bill to address. In order to successfully combat misuse there must be a strong mechanism for encouraging both the owners of premises and also local authority officers to proactively ensure that the majority of advisory disabled parking places are converted to enforceable parking places, by means of designation orders. (We do accept, however, that this may not be possible in a minority of cases where traffic flow and vehicle access may be at issue.)
The Bill provides that even if a local authority has sought unsuccessfully to make arrangements for the provision of an enforceable off-street parking place, then it still has ongoing duties to renew its efforts to make such arrangements after the 'relevant period'. Section 8(7) says the 'relevant period' is the period of two years beginning with the date on which the authority last concluded that it was unable to make such arrangements. Ecas would suggest that the relevant period should be reduced to one year in order to provide more sustained encouragement to premises' owners to agree to the local authority designating the parking place as enforceable. This period would also correlate with the requirement to produce annual reports, making it easier to monitor annual changes.
We also suggest that enforceable parking places should be fully marked and signposted to provide clarity to all road users and to deter potential misuse. It should be explicitly stated at each site that the parking place is enforceable, rather than advisory, making it clear that those abusing the designation are breaking the law. Maximum penalties for misuse should be clearly displayed. The impact of this legislation should be clear to all in order to achieve a culture of wide compliance.
Ecas would be delighted to discuss with members of the Committee any of the points raised above. We may also wish to submit amendments to the Bill in due course."

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