Road Traffic
(Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order 1982[1]
1 Interpretation
In this Order –
“authority”
means the authority appointed by the Minister for Infrastructure under Article 60(4)
of the Law to issue disabled persons’ badges on the Minister’s
behalf;
“disabled
person’s badge” has the meaning given in Article 2 of this Order;
“Law” means
the Road Traffic
(Jersey) Law 1956.[2]
2 Form
of badge
The badge to be issued by the authority for motor vehicles driven
by, or used for the carriage of, disabled persons (hereinafter referred to as a
“disabled person’s badge”) shall be in the form shown in Part 1
of the Schedule, and shall comply with the specification set out in Part 2
of that Schedule.
3 Description
of disabled persons[3]
(1) A
person may apply for a disabled person’s badge if they –
(a) have
a permanent and substantial disability that causes inability to walk or very
considerable difficulty in walking; or
(b) are
registered with EYECAN or have a certificate from EYECAN to the effect that the
person is blind.
(2) “EYECAN”
is the name of the charity registered with the Jersey Charity Commissioner
under number 244 (and with the legal form of a Jersey body corporate, with
non-profit organisation number 0362, and with The Jersey Blind Society
recorded as another name).
4 Fees[4]
An application for a disabled person’s badge (including a
duplicate badge) shall be accompanied by a fee of £15.00.
5 Period
of issue of badges and duplicates
(1) A
disabled person’s badge shall be issued for a period of 3 years beginning
with the date on which it is issued.
(2) A
duplicate badge may be issued, if the badge which it will replace has been lost
or stolen or has become so mutilated or faded as to cease to be effectively
legible when displayed on a vehicle, and shall be issued only for such period
as remains unexpired of the period of issue of the badge which it will replace.
6 Grounds
for refusing to issue badge
(1) The
authority may refuse to issue a disabled person’s badge only
if –
(a) an application for a badge (other than a
duplicate badge) is not accompanied by a certificate by a medical practitioner
to the effect that the applicant is a disabled person of a description
prescribed by Article 3;
(b) an application for a
badge (including a duplicate badge) is not accompanied by the fee set out in Article 4;
or
(c) a badge already issued to an applicant has
become due for return to the authority in any of the circumstances specified in
Article 7.[5]
(2) Paragraph (1)(a)
shall not apply in relation to an application by a disabled person if the
application is made on the grounds that he or she is a disabled person of a
description prescribed by Article 3(b).
(3) Paragraph (1)(a)
shall not apply in relation to an application by a person who has had one or
both legs amputated (whether in whole or in part) if the application is for a
disabled person’s badge (other than a duplicate badge) to be issued to
the person after a previous issue of a disabled person’s badge to the
person.[6]
7 Return
of badge to authority
A disabled person’s badge (including a duplicate badge)
shall be returned immediately to the authority on the occurrence of any of the
following circumstances –
(a) the
expiry of the period for which it was issued;
(b) the
death of the holder;
(c) if
the holder ceases to be a disabled person of any description prescribed by Article 3;
(d) if
the badge has been obtained by false representation;
(e) the
conviction of any person for an offence involving the display of the badge on a
motor vehicle at times when the vehicle is not being used by, or for the
carriage of, the holder;
(f) if
a duplicate badge has been issued to replace a badge lost or stolen, and the
badge replaced is subsequently found or recovered.
8 Citation
This Order may be cited as the Road Traffic (Disabled Persons)
(Badges for Motor Vehicles) (Jersey) Order 1982.