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Motor Traffic (Disabled Parking) Act [13 MIRC Ch.5]

CHAPTER 5.

PARKING FOR DISABLED PERSONS.

ARRANGEMENT OF SECTIONS.

Sections.
§501. Short Title.
§502. Definitions.
§503. Purpose.
§504. Allocation of Parking Spaces.
§505. Requirement to obtain 'disabled parking' sticker or label.
§506. Duty to display disabled parking sticker when using allocated parking.
§507. Enforcement.
§508. Penalties.
§509. Effective Date.

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An Act to designate parking spaces for vehicles carrying disabled passengers in public car parks; and for matters related thereto.

Commencement: May 16, 2007.
Source: P. L. 2007-82

§501. Short Title.

This Act may be cited as the Motor Traffic (Disabled Parking) Act, 2007.

§502. Definitions

In this Act, unless the context otherwise requires-

(a) "disabled person" means a person with a physical, mental, or developmental impairment, limiting that person's capacity to adequately perform one or more essential activities of daily life, including, but not limited to personal health care, mobility and communication.

(b) "Public Safety Commissioner" means the Commissioner of Public Safety appointed under Section 508(1) of the Public Safety Act, 1988:

(c) "Public safety officer" means a Public Safety officer appointed under the Public Safety Act, 1988.

§503. Purpose.

The purpose of this Act is to ensure that an appropriate number of parking spaces is allocated for the use of motor vehicles carrying disabled persons at public car parks in the Republic.

§504. Allocation of parking space for handicapped passengers.

(1) It shall be the duty of the Public Safety Commissioner, in consultation with the Secretary of Public Works, to ensure that every public car park in the Republic has at least one (01) car park allocated for the use of motor vehicles carrying disabled persons.

(2) The Secretary of the Ministry of Public Works, shall, after consultation with the Public Safety Commissioner, ensure that appropriate signs and markings are established to clearly indicate which parking spaces are allocated for motor vehicles carrying disabled persons.

§505. Requirement to obtain 'disabled parking' sticker or label.

(1) Every vehicle owner intending to use a public parking under section 504(1), shall apply to the Public Safety Commissioner, in the prescribed form, for a 'disabled parking' sticker or label.

(2) The Public Safety Commissioner shall administer the issuance of a parking sticker or some other label to motor vehicle owners applying under subsection (1).

(3) In addition to any other requirements by the Public Safety Commissioner, the applicant must provide a letter from the Ministry of Health, indicating:

(a) the name of the disabled person and confirmation of that person's disability; and

(b) the name of the vehicle owner and the vehicle's registration number.

§506. Duty to display disabled parking sticker when using allocated parking.

(1) Every motor vehicle owner intending to park at a car park allocated under section 504(1) must:

(a) be parked at the allocated car park for the purpose of picking up or dropping off a disabled person; and

(b) prominently display a valid 'disabled parking' sticker or label issued under section 505(2).

§507. Enforcement.

The Public Safety Commissioner shall ensure that Public Safety officers monitor the use of car parks under this Act, and that the provisions under section 508 are appropriately enforced

§508. Penalties.

(1) Any motor vehicle owner or person in charge of a motor vehicle who parks in a space allocated for the use of disabled persons and:

(a) fails to display a valid 'disabled parking' sticker or label, shall be issued with an infringement notice by a Public Safety officer and be liable to pay a fine of up to $100.00;

(b) is not using the car park for the purpose set out under section 506(1)(a), shall be issued with an infringement notice by a Public Safety officer, and be liable to pay a fine of up to $150.00.

§509. Effective Date.

This Act shall take effect on the date of certification in accordance with the Constitution and the Rules of Procedures of the Nitijela.