Chapter 560 – Parking Concessions for Persons with Disability Act
What is this act about?
This law establishes a scheme for parking concessions for persons with disability, providing them with a "Blue Badge" to park in designated spaces. The aim is to improve accessibility and reduce hardship for these individuals.
Who it applies to: Persons with disability who meet specific eligibility criteria; The Commissioner for the Rights of Persons with Disability and other designated public officers.
At a glance
- Country
- Malta
- Area of law
- Other legislation
- Articles
- 16
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The issuance and validity of Blue Badges for persons with disability.
- The creation and identification of designated parking spaces.
- The assessment process for eligibility for a Blue Badge.
- Offences and penalties related to the misuse of Blue Badges.
Who does this act apply to?
- Persons with disability who meet specific eligibility criteria.
- The Commissioner for the Rights of Persons with Disability and other designated public officers.
What are the key points?
- A Blue Badge allows a vehicle, in which the holder is travelling or for their immediate travel, to be parked in designated parking spaces.
- The Blue Badge must be prominently displayed on the vehicle's windscreen when in use, with the symbol of access clearly visible.
- A Blue Badge is valid for a period specified on the document, but never exceeding five years.
- Eligibility for a Blue Badge includes persons with permanent visual impairment, severe permanent impairment in both upper limbs, permanent and substantial physical impairment affecting walking, or severe and permanent mental impairment with severe behavioural problems, who regularly use a motor vehicle.
Other legislation
Legal text
Legal text
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY
CHAPTER 560
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY ACT To provide for parking concessions for persons with disability.
1st December, 2017 ACT XXXIX of 2016.
Art. 1
Art. 2
In this Act, unless the context otherwise requires - Short title.
Interpretation. "Access for All Standards" means the Accessibility For All in the Built Environment Maltese Standard; "applicant" means a person with disability who applies for a Blue Badge; "assessment" means a medical assessment by the Board carried out in order to assess whether a person is eligible to be awarded a Blue Badge; "authorised officer" means the public officer designated by the Commissioner for the Rights of Persons with Disability as the person authorised to administer the scheme, issue Blue Badges, and, to the extent of any power delegated as hereinafter provided, includes any person delegated for the purpose by the public officer designated as the authorised officer; "Blue Badge" means a parking card for persons with disability who qualify under this Act to hold such card; "Board" means a medical board composed of a medical doctor, a physiotherapist and an occupational therapist; "Commissioner for the Rights of Persons with Disability" means the Commissioner for the Rights of Persons with Disability under the provisions of the Equal Opportunities (Persons with Disability) Act; "Commissioner of Police" means the Commissioner of Police as defined in the Police Act; "designated parking space" means parking bays reserved for holders; "disability” means disability as defined under the provisions of the Equal Opportunities (Persons with Disability) Act; "holder" means any person with disability to whom a Blue Badge has been issued under this Act; "impairment", in the context of disability, means any loss, restriction or abnormality of psychological, physiological, or anatomical structure or function; "medical doctor" means any person registered in the Medical Register under the provisions of the Health Care Professions Act;
S.L. 65.11 Scheme for designated parking spaces.
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY "occupational therapist" means any person registered as an occupational therapist according to the Third Schedule of the Health Care Professions Act; "person with disability" means any person with a disability as defined in the Equal Opportunities (Persons with Disability) Act; "physiotherapist" means any person registered as a physiotherapist according to the Third Schedule of the Health Care Professions Act; "public instrument" means a public instrument as referred to in articles 183 to 190 of the Criminal Code; "scheme" means a scheme whereby a holder is allowed parking concessions in order to alleviate the disadvantages brought by any of the impairments referred to in article 13; "vehicle" means a mode of transportation as defined by the Motor Vehicles Regulations save for the definitions "motor cycle", "quad bike", "motor tractor", "N1 motor vehicle", "N2 motor vehicle" and "N3 motor vehicle".
Art. 3
Issuance of Blue Badges.
Art. 4
Authorised officer.
Designated parking spaces.
Art. 5
Art. 6
Provided that, when a parking area is not open to the public, suitable designated parking spaces are to be allocated for disabled PARKING CONCESSIONS FOR PERSONS WITH DISABILITY persons habitually using the said area.
Art. 7
Assessment by the Board.
Art. 8
Provided that at any given time, only one Blue Badge issued in the holder's name shall be deemed to be valid.
Provided that the authorised officer shall process the application within two months from the date of assessment:
Provided further that the Commissioner for the Rights of Persons with Disability shall authorise such award without delay.
Art. 9
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY Disability shall appoint a board to conduct medical assessments on applicants. The Board shall be composed of: (a) a medical doctor, (b) a physiotherapist, and (c) an occupational therapist.
Appeals Board.
Art. 10
Temporary Blue Badge and replacement.
Art. 11
A temporary Blue Badge may be issued by the authorised officer, following receipt of a report that the Blue Badge has been lost, stolen, destroyed or defaced, and upon the payment of any applicable fee:
Provided that, in the case of a defaced Blue Badge, the holder is to surrender the said Blue Badge before the issuance of a temporary Blue Badge.
Art. 12
Withdrawn Blue Badge.
Art. 13
Eligibility criteria. (a) persons with a permanent visual impairment resulting in a visual acuity not exceeding 6/60 in the better eye with correction, or a limit in the field of vision that is less than a 20° angle (tunnel vision) and who use a motor vehicle on a regular basis; or (b) persons with a severe permanent impairment in both upper limbs, who regularly drive a motor vehicle but cannot turn the steering wheel of a motor vehicle by hand even if that wheel is fitted with a turning knob; or (c) persons with a permanent and substantial physical impairment resulting in an inability to walk or very considerable difficulty in walking or as a result of which the effort of walking could be life threatening, and who use a motor vehicle on a regular basis; or (d) persons with a severe and permanent mental impairment and with severe behavioural problems and who need help and supervision frequently throughout the day and during the night and who use a motor vehicle on a regular basis:
Provided that persons under two years of age are exonerated from being examined by the Board.
Art. 14
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY Blue Badge according to Council Recommendation 98/ 376/EC of 4 June 1998 on a parking card for people with disabilities and its subsequent amendments, referred to in Schedule II; and (c) the recommendation on the Mutual Recognition of third country Blue Badge in accordance with the provisions of Schedule II.
Offences and penalties.
Art. 15
Further provisions in relation to offences.
Art. 16
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY FIRST SCHEDULE DESCRIPTION AND FACSIMILE OF A BLUE BADGE The description of the Blue Badge to be used in Malta is taken from Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities.
A.
The overall dimensions of the Community-model parking card for people with disabilities shall be: - height: 106 mm, width: 148 mm.
B.
The colour of the parking card shall be light blue, except for the white wheelchair-user symbol, which shall have a dark blue background.
C.
The parking card for people with disabilities shall be plastic-coated, with the exception of the space reserved for the holder's signature on the left-hand side of the reverse.
D. The parking card for people with disabilities shall be divided vertically into two parts on both the front and reverse.
The left-hand side of the front shall contain: - the wheel-chair user symbol in white on a dark blue background, - the date of expiry of the parking card, - the serial number of the parking card, the signature of the Commissioner for the Rights of Persons with Disability and the designation of the signatory.
The right-hand side of the front shall contain: in bold type letters, the words 'Parking card for people with disabilities' in the language(s) of the Member State issuing the card; after a suitable space, the words 'Parking card' shall appear in small type in the other languages of the European Union, the words 'EUROPEAN COMMUNITY MODEL' in the language(s) of the Member State issuing the card, as background, the distinguishing code of the Member State issuing the parking card.
The left-hand side of the reverse shall contain:
The right-hand side of the reverse shall contain:
PARKING CONCESSIONS FOR PERSONS WITH DISABILITY 3. the statement: 'Can be withdrawn if misused such as when allowing others to use it, or falsify it';
E.
With the exception of the right-hand side of the front, entries shall be shown in the language(s) of the Member State issuing the parking card.
SCHEDULE II LIST OF THIRD COUNTRIES WHERE MUTUAL RECOGNITION OF BLUE BADGES EXISTS Blue Badges to be used within the territory of the Republic of Malta should be issued in Malta or a Member State of the European Union or of a State of the European Economic Area: provided that a State of the European Economic Area means Iceland, the Principality of Liechtenstein, the Kingdom of Norway and Switzerland:
Provided that further to the provisions of the Resolution no. 97/4 on Reciprocal Recognition of Parking Badges for Persons with Mobility Handicaps adopted by the European Conference of Ministers of Transport in Berlin on 21 - 22 April 1997, such mutual recognition is also given to Blue Badges issued in Australia, Canada, Japan, South Korea, New Zealand and the United States.
SCHEDULE III FACSIMILE OF A BLUE BADGE PARKING CONCESSIONS FOR PERSONS WITH DISABILITY SCHEDULE IV PERSONS AUTHORISED TO USE THE CARD 1.
Only the persons indicated under article 13 of this Act are eligible for the issuance of the Card.
2.
The Card may only be used in accordance with article 8 of this Act.
3.
Any breach of the provisions of this Act shall result in the consequences laid down by this Act.