Disabled parking in residence bay

The request was partially successful.

Dear Hackney Borough Council,
I understand from the legislation below that a blue badge holder is exempt of any restricted parking provided that the badge is on display. This is to include any ‘residence only’ bay. Please confirm or refute that this is so giving the interpretations and reasons if and why I was wrong.

A disabled badge holder may park in any bay if the badge is on display. This would be in line with regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No. 683) below.

Exemptions from prohibitions on waiting at all times or during specified periods

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act which includes a provision which–

(a)prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day;

(b)does not apply to a bus lane or cycle lane during its hours of operation; and

(c)is not a provision of the kind referred to in regulation 7(1).

(2) An order to which this regulation applies shall include an exemption from the prohibition in accordance with whichever of paragraphs (3) and (4) is appropriate in favour of any vehicle displaying a disabled person’s badge in the relevant position.

(3) Where the period of the prohibition does not exceed 3 hours the exemption shall be for the whole of that period.

(4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that–

(a)the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;

(b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.

Thank you

Shahid Faiz

Hackney Borough Council

[1]London Borough of Hackney logo

Dear Mr Faiz,

FOI Ref: FOI18-0202-10575

Thank you for submitting a Freedom of Information request. Your reference
number is FOI18-0202-10575.

Your request will be responded to within 20 working days.

Yours sincerely,

Information Management Team - FOI

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Information Management, Hackney Borough Council

Dear Mr Faiz,

 

Re: Your Freedom of Information Request

 

Thank you for your Freedom of Information request received by this office
on 2 February 2018 in which you requested the following information:

 

1.    I understand from the legislation below that a blue badge holder is
exempt of any restricted parking provided that the badge is on display.
This is to include any ‘residence only’ bay. Please confirm or refute that
this is so giving the interpretations and reasons if and why I was wrong.

 

A disabled badge holder may park in any bay if the badge is on display.
This would be in line with regulation 8 of The Local Authorities' Traffic
Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No.
683) below.

 

Exemptions from prohibitions on waiting at all times or during specified
periods

 

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35,
45 or 46 of the 1984 Act which includes a provision which–

 

(a)prohibits (except for the purposes of loading or unloading) the waiting
of vehicles, or any class of vehicles, in a road at all times of day or
during one or more specified periods of the day;

 

(b)does not apply to a bus lane or cycle lane during its hours of
operation; and

 

(c)is not a provision of the kind referred to in regulation 7(1).

 

(2) An order to which this regulation applies shall include an exemption
from the prohibition in accordance with whichever of paragraphs (3) and
(4) is appropriate in favour of any vehicle displaying a disabled person’s
badge in the relevant position.

 

(3) Where the period of the prohibition does not exceed 3 hours the
exemption shall be for the whole of that period.

 

(4) Where the period of the prohibition exceeds 3 hours the exemption
shall be for a period of 3 hours subject to the conditions that–

 

(a)the period of exempted waiting does not begin less than one hour after
a previous period of exempted waiting by the same vehicle in the same road
on the same day;

 

(b)a parking disc is displayed in the relevant position on the vehicle
marked to show the quarter hour period during which the period of exempted
waiting began.

 

Blue Badge holders are not permitted to park in resident bays in Hackney.
At the following link you can find out where in the borough you can park
with a Blue Badge: [1]https://www.hackney.gov.uk/blue-badge.

There are also other places where Blue Badge holders are not permitted to
park. More information on the rights and responsibilities of Blue Badge
holders can be found at the following link:
[2]https://www.gov.uk/government/publicatio....
 

 

Please note the information is still covered by copyright legislation. You
are not authorised to re-use this information for commercial or research
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If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner. He can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone: 01625 545 700

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Yours sincerely,

Information Management Team

 

 

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Dear Information Management,
My question was only in relation to the actual regulation 8 of ‘The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No.683)’.
“This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act”
Any residence or business bay order would only be created under the said act. Please correct me if otherwise.
Therefore: “An order to which this regulation applies shall include an exemption from the prohibition”
Obviously any guidance or booklet from whoever can not override the said regulation.
This is the very reason why I had asked in my original request to be given “the interpretations and reasons if and why I was wrong”.
Again I am only referring to the empowering 1984 act and The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No. 683). Unless there are further regulations and/or acts that override them.

Thank you

Shahid Faiz

Dear Information Management,
Any progress?
I am only referring to the empowering 1984 act and The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No. 683) or any overriding legislation. Please do not refer me to any handbook or guidance that can not override the said regulations. We are all fully aware of wrong information within the handbook/guidance.
Thank you
Shahid Faiz

Information Management, Hackney Borough Council

Dear Mr Faiz

Thank you for your email. We have received the following update from our Parking department:

I can confirm that your interpretation that "a blue badge holder is exempt of any restricted parking provided that the badge is on display" is incorrect as in section 7 and 9 to The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 references to the (RTRA 84) are as follows:

Sections 1 and 6 relate to general restrictions predominantly yellow lines, 9 relates to experimental orders, 35 refers to off street car parks, 45 and 46 only applies 'if' the order includes maximum stay or no return. Therefore residents only bays, or permit bays that are not shared use are not exempt as the 'if' doesn't apply.

7.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act if–

(a)the order includes a provision prohibiting the waiting of vehicles or vehicles of any class in a road either– (i)beyond a specified period; or (ii)where less than a specified period has elapsed since a previous period of waiting by the same vehicle in that road, and (b)the prohibition does not apply to all vehicles except disabled persons' vehicles.

(2) An order to which this regulation applies shall include an exemption from the prohibition in favour of any vehicle displaying a disabled person’s badge in the relevant position.

9.—(1) This regulation applies to an order made under section 45 or 46 of the 1984 Act which prescribes–

(a)a charge to be paid for a vehicle or vehicle of any class left in a parking place designated by the order; (b)a maximum period during which a vehicle may wait in a parking place; or (c)a period which must elapse before a vehicle taken away from a parking place may be left there again.

(2) An order to which this regulation applies shall include an exemption, from each of the matters so prescribed, in favour of a vehicle displaying a disabled person’s badge in the relevant position.

I hope this is helpful.

If you are still dissatisfied with this response, you are entitled to complain to the Information Commissioner's office at:

https://ico.org.uk/global/contact-us/ema...

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
0303 123 1113

Kind regards

Information Management
ICT Services
London Borough of Hackney
www.hackney.gov.uk

show quoted sections

Dear Information Management,
I note you mention that ‘35 refers to off street car parks’.
Please can you than explain under what powers does the authority make a part of the road a designated residence or business use only parking bay?
At the same time I seem to understand that 35 refers to both '33 off street car parks', and also 32, that includes (1)(b) ‘any part of a road’. This refers to (I presume) any bay that has its restrictions for example residence or business only.
Again if this is not the case under what powers do authorities make an order limiting parking within parking bays for residence or business only?
Yours sincerely,

Shahid Faiz

32. Power of local authorities to provide parking places.
33. Additional powers of local authorities in connection with off-street parking places.
35 Provisions as to use of parking places provided under s. 32 or 33.

Dear Information Management,
I have clarified my request but am still waiting for the reply that I will understand.
Please keep me updated if and when I will be getting the clear reply.
thank you
Shahid Faiz

Hackney Borough Council

[1]London Borough of Hackney logo

Dear Mr Faiz,

FOI Ref: FOI18-0425-11323

Thank you for submitting a Freedom of Information request. Your reference
number is FOI18-0425-11323.

Your request will be responded to within 20 working days.

Yours sincerely,

Information Management Team - FOI

[2][email address]

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O'Cynthia Coleman, Hackney Borough Council

1 Attachment

Dear Mr Fiaz

 

Please find attached our response to the information you requested under
the Freedom of Information Act 2000.

 

Yours sincerely

 

 

Information Management Team - Governance  

ICT Services

London Borough of Hackney

 

Find out more about our work at [1]http://blogs.hackney.gov.uk/hackit/

 

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Dear O'Cynthia Coleman,
I am still perplexed. I understand that a charge is made for the business users but for all other vehicles the order ‘prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day; ‘
This ties exactly with The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 8 (1) (a) as below.

Exemptions from prohibitions on waiting at all times or during specified periods

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act which includes a provision which–

(a)prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day;

Yours sincerely,

Shahid Faiz

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Dear Hackney Borough Council,
I am still perplexed. I understand that a charge is made for the business users but for all other vehicles the order ‘prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day; ‘
This ties exactly with The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 8 (1) (a) as below.

Exemptions from prohibitions on waiting at all times or during specified periods

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act which includes a provision which–

(a)prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day;

Yours sincerely,

Shahid Faiz

Yours faithfully,

Shahid Faiz

hackney@infreemation.co.uk,

Thank you for your information request.

This is an automated response and acknowledgement. If you have submitted a
request under the Freedom of Information Act (FOIA) or the Environmental
Information Regulations (EIR), your request will be considered and you
will receive our response within the statutory timescale of 20 working
days.

Dear [email address],
Can i please have an update?

Shahid Faiz

hackney@infreemation.co.uk,

Dear Mr Faiz

Thank you for your email. Unfortunately we are unclear what your question
is regarding our Traffic Orders in the below email. If you can clarify
your questions, we would be glad to assist. 

Please note that your request will be put on hold until clarification of
the below is received.

Kind regards

 

The Information Management Team

London Borough of Hackney

 

 

Dear Hackney Borough Council,
I am still perplexed. I understand that a charge is made for the business
users but for all other vehicles the order ‘prohibits (except for the
purposes of loading or unloading) the waiting of vehicles, or any class of
vehicles, in a road at all times of day or during one or more specified
periods of the day; ‘ 
This ties exactly with The Local Authorities'' Traffic Orders (Exemptions
for Disabled Persons) (England) Regulations 2000 8 (1) (a) as below.

Exemptions from prohibitions on waiting at all times or during specified
periods

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35,
45 or 46 of the 1984 Act which includes a provision which–

(a)prohibits (except for the purposes of loading or unloading) the waiting
of vehicles, or any class of vehicles, in a road at all times of day or
during one or more specified periods of the day;

Yours sincerely,

Shahid Faiz

Yours faithfully,

Shahid Faiz

Dear [email address],
My request is still from 2 Feb 2018.
I had asked for the information in relation to specifically The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 8 (1) (a).
The replies were referring to other parts of this act (for example section 7 and 9) or pamphlets and websites not relevant to my request.
Just a slight recap (but not full).
A disabled badge holder may park in any residence or business bay if the badge is on display. This would be in line with regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (No. 683) below.
Exemptions from prohibitions on waiting at all times or during specified periods
8.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act which includes a provision which–
(a)prohibits (except for the purposes of loading or unloading) the waiting of vehicles, or any class of vehicles, in a road at all times of day or during one or more specified periods of the day;
https://www.whatdotheyknow.com/request/d...
Please find the full history of this request at the link above. The request appears now very clear. I ask if we can be very specific what clarification is still required (if any).
Shahid Faiz

hackney@infreemation.co.uk,

Dear Shahid Faiz

 

Re: Freedom of Information Request.

 

Following clarification of your request for information under FO!A 2000,
 received 18 July 2018, your request has been considered and our response
is in bold below.

 

You requested the following: 

 

Request Clarification - My request is still from 2 Feb 2018. 
I had asked for the information in relation to specifically The Local
Authorities'' Traffic Orders (Exemptions for Disabled Persons) (England)
Regulations 2000 8 (1) (a). 
The replies were referring to other parts of this act (for example section
7 and 9) or pamphlets and websites not relevant to my request.
Just a slight recap (but not full).
A disabled badge holder may park in any residence or business bay if the
badge is on display. This would be in line with regulation 8 of The Local
Authorities'' Traffic Orders (Exemptions for Disabled Persons) (England)
Regulations 2000 (No. 683) below.
Exemptions from prohibitions on waiting at all times or during specified
periods
8.—(1) This regulation applies to an order made under section 1, 6, 9, 35,
45 or 46 of the 1984 Act which includes a provision which–
(a)prohibits (except for the purposes of loading or unloading) the waiting
of vehicles, or any class of vehicles, in a road at all times of day or
during one or more specified periods of the day;
https://www.whatdotheyknow.com/request/d...
Please find the full history of this request at the link above. The
request appears now very clear. I ask if we can be very specific what
clarification is still required (if any).

 

Initial Request - I am still perplexed. I understand that a charge is made
for the business users but for all other vehicles the order ‘prohibits
(except for the purposes of loading or unloading) the waiting of vehicles,
or any class of vehicles, in a road at all times of day or during one or
more specified periods of the day;
This ties exactly with The Local Authorities'' Traffic Orders (Exemptions
for Disabled Persons) (England) Regulations 2000 8 (1) (a) as below.

Exemptions from prohibitions on waiting at all times or during specified
periods

8.—(1) This regulation applies to an order made under section 1, 6, 9, 35,
45 or 46 of the 1984 Act which includes a provision which–

(a)prohibits (except for the purposes of loading or unloading) the waiting
of vehicles, or any class of vehicles, in a road at all times of day or
during one or more specified periods of the day;.

 

The Council’s Response

 

The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons)
(England) Regulations 2000 states the following

 

In Section 6, it is required that the authority include in the Orders
exemptions for disabled persons badges, however 6(2) states that such
exemptions may be limited to vehicles of the same class as those to which
the provision applies. In the case of Hackney residents’ bays this is the
case, where exemptions are limited to holders of resident parking devices
namely permits.

 

In section 7, due to the ‘if’ a statutory exemption only applies to
maximum stay and no return bays, for which Hackney has exempted disabled
persons badges. Where parking is not time limited (residents’ bays) this
exemption is not a statutory requirement and Hackney have chosen to
utilise the ‘if’ and not to implement such an exemption. This is supported
by the DfT Blue Badge Scheme: Right and Responsibilities where it is the
badge holders responsibility to determine if a particular authority has
acted on the ‘if’ to section 7 and exempted disabled persons badge holders
from designated parking places with no maximum stay and no ‘no return’
element.

 

Section 8 refers to the use of disabled persons badges in waiting and
loading restricted scenarios and would not apply in the circumstances of a
residents parking bay or a pay and display bay.

 

In section 9, it confirms the requirements in section 7 where parking for
a maximum stay or with a no return element do not apply to disabled
persons badge holders.

 

We hope the above clarifies the matter.

 

 

Appeals & Complaints Procedure

If you are dissatisfied with this response and wish to appeal, please
write to the Information Management Team and this will be dealt with
through our Internal Review procedure.

 

Information Management Team - Governance

London Borough of Hackney

Hackney Service Centre

1 Hillman Street

London E8 1DY

[1][Hackney Borough Council request email]

 

Your request for an internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the Council.

 

If you are still not satisfied following the Internal Review, you have a
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Information Commissioner's Office
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Wilmslow
Cheshire
SK9 5AF 

Telephone: 01625 545 700

[2]www.ico.org.uk

 

Yours sincerely

 

Information Management Team

 

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Dear [email address],
The recent reply mention as follows.
“ Section 6, it is required that the authority include in the Orders exemptions for disabled persons badges, however 6(2) states that such exemptions may be limited to vehicles of the same class as those to which the provision applies. In the case of Hackney residents’ bays this is the case, where exemptions are limited to holders of resident parking devices namely permits. “

Is anybody alleging that the residence or business permit holders have a differing class of vehicle to those having a blue badge? Surely this must have been an oversight as it is clearly not so.

It is further mentioned as follows:
“Section 8 refers to the use of disabled persons badges in waiting and loading restricted scenarios and would not apply in the circumstances of a residents parking bay or a pay and display bay.”

Under what regulation and order was any residence or business parking bay restriction created if not an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act. And therefore would very much apply in the circumstances of a residents/business parking bay or a pay and display bay. This was my original question and therein lies the answer.

Please can I be fully explained thus avoiding my requests for further clarification?

Shahid Faiz

hackney@infreemation.co.uk,

Dear Shahid Faiz,

Apologies for the lack of response to your feedback, which was missed in
our case management system.

Your request is marked as an internal review and we will put these further
questions to the Parking department:

Is anybody alleging that the residence or business permit holders have a
differing class of vehicle to those having a blue badge?

Under what regulation and order was any residence or business parking bay
restriction created if not an order made under section 1, 6, 9, 35, 45 or
46 of the 1984 Act?

These are the only information requests that we can discern from your
feedback.

However, it may be that the Parking department will prefer to engage with
your response as a whole, outside of the Freedom of Information Act, in
which case we will ask them to respond directly.

Kind regards

Information Management

London Borough of Hackney

 

hackney@infreemation.co.uk,

Dear Shahid Faiz,

Thank you for your Freedom of Information request received on 16/08/2018. 
We apologise for the delay in issuing this response.

Please find below your questions and the Council's answers.

Is anybody alleging that the residence or business permit holders have a
differing class of vehicle to those having a blue badge?

Council response: No

Under what regulation and order was any residence or business parking bay
restriction created if not an order made under section 1, 6, 9, 35, 45 or
46 of the 1984 Act?

Council response: Different elements of the Order relate to different
sections in the RTRA. Sections 35, 45 and 46 do not apply to waiting
restrictions (these being parking restrictions) and therefore exemptions
to waiting restrictions for blue badge holders do not apply. 

If you are dissatisfied with this response and wish to appeal, please
respond to this email to request an Internal Review.

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner.

[1]https://ico.org.uk/global/contact-us/ema...

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

0303 123 1113

Kind regards

Information Management
ICT Services
London Borough of Hackney 

 

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