Disabled Persons' Parking Badge Scheme
(The Blue Badge Scheme)

5. Options for Change - Enforcement

5.1 Introduction

5.1.1 Of major concern to all participants in the discussion process is the abuse and misuse of the scheme, which is perceived to be undermining it. There is no data on the current level of abuse as it is difficult to survey and therefore opinions were very much based on a perceived level of abuse, which may or may not be accurate. DPTAC feels that a general lack of enforcement has allowed abuse of the scheme to grow and is devaluing it.

5.1.2 It is an offence to display a badge when driving a motor vehicle on a road unless it was issued and displayed in accordance with regulations (Section 21(4B) of the Chronically Sick and Disabled Persons Act 1970). Offenders can be prosecuted in a Magistrates Court with a maximum penalty of £1,000. The number of prosecutions is believed to be very small.

5.1.3 Badge holders can have their badges withdrawn after at least three instances of misuse that have led to conviction, for example, allowing somebody else to use it. Issuing authorities are encouraged to give warnings if a badge is being misused. Ninety four per cent of authorities in the TRL study record cases of misuse of the badge and a quarter note it on the holder's file. These instances, however, appear to be rarely followed up, except for the issuing of warning letters and only a few cases result in a court prosecution. The number of badges withdrawn is reported to be small.

5.1.4 Some local authorities issue reminders to badge holders inviting them to renew their badge, but many do not. It has been suggested that neglecting to call in out of date badges encourages abuse of the scheme and increases the number of badges in circulation. Furthermore, if a badge is lost or stolen, only two thirds of authorities surveyed require that it be reported to the police.

5.1.5 There were 4 main elements relating to the abuse of issued badges that came out of the discussion process and these are listed below:

• Non-disabled people parking in bays reserved for badge holders;
• people using the badge when the badge Holder isn't present;
• theft/vandalism/fraud/covering up details of the badge itself; and
• badge holders thinking they are entitled to park anywhere.

5.1.6 It was acknowledged that there would always be some level of abuse but it was felt that a lot could be done to substantially improve the current scheme.

5.2 Wider Checking of Badges

5.2.1 DPTAC recommended that legislation should be introduced as soon as possible to improve the enforcement of the scheme by allowing badges to be checked. The power to inspect badges was recommended in the last review of the Scheme in 1992. This power already exists in Northern Ireland and in Scotland. England and Wales are seeking to enact the necessary legislation at the earliest opportunity. The majority of participants agreed with the DPTAC recommendation, although some were keen to point out that it would not solve all the enforcement problems associated with the scheme.

5.2.2 For England and Wales there is a question as to whether the power to inspect badges should be confined to police officers or also apply to traffic wardens and parking attendants. The need for the latter is increased by decriminalisation of parking enforcement. Disabled people in the discussion groups did not think that genuine badge holders would object to increased checking.

5.2.3 It has been suggested that if they suspected a badge had been tampered with or forged, police officers, traffic wardens and parking attendants could have the power to confiscate the badge and seek the name and address of the individual concerned, so that a prosecution could be made.

5.2.4 The basic design of the badge is now common throughout the European Union, but there is scope within that for variations that might help with enforcement. Although it has been argued that putting a photograph (or at least a name) on the front of the badge would facilitate the checking of badges, there are important personal security and privacy implications involved. Some badge holders would be concerned that if their photograph was on display it could encourage robbers to wait for them to return to their vehicle.

5.2.5 Recommendations are invited on ways to increase the effectiveness of checks made on badges, taking account of the issues raised in this section.

5.3 Issuing Penalty Notices

5.3.1 DPTAC recommended that, where parking enforcement has been decriminalised, local authorities should instruct parking attendants to issue penalty notices to every car not duly displaying a valid badge in a parking space designated for the use of badge holders only.

5.3.2 Organisations representing disabled people have argued for consistency in enforcement between different local authority areas. It was evident from the discussions that, at present, there are many differences in levels of enforcement and interpretation of rules and regulations. Many participants agreed that too few of those who abuse the scheme are issued with penalty notices, including disabled people parking illegally.

5.3.3 The view of the enforcement authorities is that disabled drivers who are illegally parked should be treated the same as any other driver with regard to enforcement. In practice though it was reported that, police officers and traffic wardens appear reluctant to issue too many tickets to disabled people and there is concern that cases reaching court are dismissed by magistrates for similar reasons.

5.3.4 Recommendations on whether it is feasible for police officers, traffic wardens and parking attendants to issue more penalty notices to those abusing the scheme would be welcomed.

5.4 Harsher Penalties for Abuse

5.4.1 DPTAC recommended that local authorities should encourage prosecution of those who use badges illegally and publicise all prosecutions. There are three aspects to this including abuse by the badge holder; abuse by others and use of a badge that has been tampered with or forged.

Abuse by Badge Holders

5.4.2 A badge holder has to misuse their badge leading to at least three relevant convictions before it can be withdrawn. There is a right of appeal against withdrawal. Very few badges are withdrawn for reasons of abuse. Local authorities find that collecting evidence of three different instances of abuse is time consuming.

5.4.3 It has been suggested that guidance to local authorities on the implications of regulations and when they can remove a badge for alleged misuse could be useful.

5.4.4 Recommendations are invited on the level of abuse required before action can be taken.

Abuse by Non-disabled People

5.4.5 Most groups of badge holders advocated harsher penalties for abusers. Some felt larger fines were appropriate; some suggested fixed penalties; whilst others believed points on driving licences would be more effective. Some participants did not feel that the current penalties dissuaded people from abusing the scheme.

5.4.6 It is already illegal to use a badge that has not been issued in accordance with the regulations and this of course covers badges that have been tampered with or forged (Section 21(4B) of the Chronically Sick and Disabled Persons Act 1970).

5.4.7 Recommendations on penalties for abuse and the circumstances for withdrawing a badge would be welcomed.

5.5 Providing Information about the Scheme

5.5.1 Leaflets explaining the scheme to users are issued to those receiving a badge but it is argued that the need for enforcement would be reduced if there were a greater understanding of the scheme. There was strong evidence from the discussion groups that many people are unsure about the current concessions. In Scotland, the time for which a badge holder can park on a yellow line is different to that in the rest of the UK. The concession has never applied in certain areas of central London because the volume of traffic in those areas means that any parking on yellow lines could cause considerable congestion. Also, in some areas but not others, there are off-street parking concessions (not part of the scheme but granted by some local authorities to badge holders). Such variations it is argued can contribute to confusion and clear information needs to be provided.

5.5.2 It was also reported in the discussion groups that not everyone who is eligible for a badge is aware of the scheme. There may also be a need for information to be available in formats that are more accessible (versions of the main leaflet are already produced in large print, Braille and on audio tape). This would include formats suitable for those who do not have a high level of literacy.

5.5.3 The discussion groups also felt there is a need to raise general levels of awareness about the scheme. This applies equally to disabled people using the scheme, those trying to enforce and administer the scheme and non-disabled people.

5.5.4 Awareness is directly linked to the issue of publicity and it is suggested that there is a need to make the general public more aware about how the scheme operates. More publicity could dissuade non-disabled people from parking in disabled bays, particularly if it was coupled with some high profile cases of prosecution. It would be important for such a campaign to be backed by disabled rights groups.

5.5.5 Recommendations on how to improve knowledge and understanding of the scheme would be welcomed.

Return to Press Notice

Published: 17 December 2001

Top of page