Blue Badge abuse????

nannytone_2

if his mother wasnt in the car, then that is a buse of the blue badge.
whoevers car i am travelling in can also #jump out# of the car, and in fact i can too!
but then no one would know by looking at me, that i am blind

only_mee

Just seen this well done :claps: http://www.thisisplymouth.co.uk/blue-badges-seized-35-penalty-notices-issued/story-18510432-detail/story.html#axzz2RlCTAH9Y

bigboybrother

only_mee wrote: »

Just seen this well done :claps: http://www.thisisplymouth.co.uk/blue-badges-seized-35-penalty-notices-issued/story-18510432-detail/story.html#axzz2RlCTAH9Y

And how much is that ongoing operation actually costing the council taxpayers?

Tieing up that number of ordinary police, plastic police and council officials could well be used to tackle real crimes.

The excuse that they are doing it to support the genuine disabled is a load of ******. The only reason they are doing it is to try and force more people to pay for on and off street parking. The Council must be running short of a bit of cash.

I am a BB holder and never have a problem parking. There are plenty of yellow lines to park on.

Incidentally, whilst the police and local authority can request to see the BB, they must first of all be satisfied that a criminal action is being carried out. Spot checks for no other reason other than spot checks do not constitute grounds for inspecting a BB. Although the police and council officers fail to mention this and rely on the ignorance of the public to know what their rights are.

Anybody that is requested to hand their BB to the police or the council should first of all ask on what grounds are they making the request.

charlieismydarling

Seeing as they can tell whether it is for male or female for a start. Then they could try matching the photo to the person claiming use of it.

You might try getting a life op. judging from the c*** you post here, it seems you don't get out nearly enough.

JS477

bigboybrother wrote: »

Incidentally, whilst the police and local authority can request to see the BB, they must first of all be satisfied that a criminal action is being carried out. Spot checks for no other reason other than spot checks do not constitute grounds for inspecting a BB. Although the police and council officers fail to mention this and rely on the ignorance of the public to know what their rights are.

Really?

From Here

Police officers, traffic wardens, parking attendants and civil enforcement officers have the power to inspect the badge. These people should produce an identity card with their photograph on it to prove they are who they say they are. If any of these people ask to see the badge, you must show it to them. If you do not, you will be breaking the law and you could be fined up to £1,000.

Note where I've underlined!!!

bigboybrother

JS477 wrote: »

Really?

From Here


Note where I've underlined!!!

and the missing part is:

"Police officers and traffic attendants have the right to inspect Blue Badges. It is an offence to refuse or fail to produce a badge for inspection, without reasonable excuse. This offence carries a maximum fine of £1,000."

Be it the police or the council, they can ask to see the badge, they are entitled to see the badge, but the step they must consider just prior to them asking that question is - 'Do I have a justifiable reason for asking to see it'. Much in the same way that a police officer cannot just stop you on the street and demand to search you - they must have a justifiable reason for making that request.

Likewise, if you have a reasonable excuse as to why they cannot see it, then you are entitled not to hand it to them.

It's not as cut and dried as you, the police and the council would like people to know.

If I was ever asked to hand over my blue badge for inspection, my first question would be - 'on what grounds are you making that request - do you suspect that an offence has happened or is about to happen?'

tomtom256

bigboybrother wrote: »

and the missing part is:

"Police officers and traffic attendants have the right to inspect Blue Badges. It is an offence to refuse or fail to produce a badge for inspection, without reasonable excuse. This offence carries a maximum fine of £1,000."

Be it the police or the council, they can ask to see the badge, they are entitled to see the badge, but the step they must consider just prior to them asking that question is - 'Do I have a justifiable reason for asking to see it'. Much in the same way that a police officer cannot just stop you on the street and demand to search you - they must have a justifiable reason for making that request.

Likewise, if you have a reasonable excuse as to why they cannot see it, then you are entitled not to hand it to them.

It's not as cut and dried as you, the police and the council would like people to know.

If I was ever asked to hand over my blue badge for inspection, my first question would be - 'on what grounds are you making that request - do you suspect that an offence has happened or is about to happen?'

The without reasonable excuse is for the refusal to show it. If they ask for it you have to show it, unless of course you have a reasonable excuse.

They have a right to ask where does it say they must consider if it is justifiable!

Richie-from-the-Boro

Inspect a BB [all the below not central London, its has been exempted from the national BB regs because of the unique parking problems and traffic congestion in this area]

Uniformed and now [Feb 2013] plain clothed police officers, traffic wardens, parking attendants and any authorised civil enforcement officers [CEO's] have the power to inspect the badge without needing a 'holding charge'.

Retain / confiscate a BB

Only the Police have the power to actually seize a badge they believe to be fraudulently used, the motorist could then be questioned under caution by either the Police or the council's fraud officers, or indeed any other interested local or national interested party. At the same time, the Police would check the vehicles tax and insurance, and and PCN ticket could be issued. Additionally the council may remove the vehicle to the pound.

The Law

Section 94 of the Traffic Management Act 2004 serves as an amendment to s21 of the Chronically Sick and Disabled Persons Act 1970. Under the terms of the act, Police officers, traffic wardens and civil enforcement officers have the powered to inspect Blue Badges from anyone getting into or out of a vehicle displaying a badge. It is a criminal offence for anyone to fail [without reasonable excuse] to provide the badge for inspection. Only Police officers have the right to confiscate the badge, at which point they may then hand it over to the local authority for use as evidence in any resulting prosecution. This will also take the badge out of circulation.

The fraudulent use offence

Could be : - an Expiry Date - a Serial Number and Issuing authority visible and facing upwards - the photograph must be facing down - not displaying a clock when parking on double yellow or single yellow lines for up to three hours - parking on double kerb markings [this is two vertical stripes going from the top of the kerb to the road edge] - parking in a Bus Stop - during hours of operation - taxi ranks, red routes or urban clear ways etc. You must be "caught leaving or entering the vehicle" to be guilty. The fraudulent use BB designated holder who may not be the person caught 'leaving or entering the vehicle' will be dealt with accordingly.

Subsections (4BA), (4BD) and (4B), respectively, provide constables and enforcement officers with power to inspect badges; make it an offence not to produce a badge for inspection when required to do so; and make it an offence to drive a vehicle displaying a disabled persons badge that is not issued under section 21 and displayed in accordance with the regulations made under it. Section 117 of the 1984 Act makes it an offence to park a vehicle displaying a disabled persons badge that is not issued under section 21 and displayed
in accordance with the regulations made under it. Section 115 of the 1984 Act makes it an These notes refer to the Disabled Persons' Parking Badges Act 2013 (c. 4) which received Royal Assent on 31 January 2013 3 offence to use, lend or allow use of a blue badge with intent to deceive or to make or have in one's possession anything so closely resembling a blue badge as to be calculated to deceive.