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Disabled Persons: Badges for Motor Vehicles – single or double amputees.

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STATES OF JERSEY

DISABLED PERSONS: BADGES FOR MOTOR VEHICLES – SINGLE OR DOUBLE AMPUTEES

Lodged au Greffe on 17th August 2010 by Senator F. du H. Le Gresley

STATES GREFFE

2010   Price code: A  P.112

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Minister for Transport and Technical Services, at the earliest available opportunity, to make an Order amending the Road Traffic (Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order 1982 to the effect that a person applying for a disabled person's badge on a second or subsequent occasion, by reason that the person is a single or double leg amputee, is not required  to  produce  a  medical  practitioner's  certificate  in  support  of  the application.

SENATOR F. du H. LE GRESLEY

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P.112/2010

REPORT

A person who has a permanent and substantial disability and who is unable to walk unaided for more than 100 metres without resting is entitled to apply to the Town Hall for a Disabled Person's Badge, commonly known as a blue badge. A person who is registered with the Jersey Blind Society Inc., or has a certificate from that Society to the effect that he or she is blind, may also apply for a Disabled Person's Badge.

The  holder  of  the  badge,  or  their  carrier,  must  display  the  badge  when  using designated disabled parking bays in St. Helier . The on- and off-street parking is free provided a parking disc clock is displayed, where required, to indicate the time of arrival of the vehicle.

During my time as Manager of the Citizens Advice Bureau I came across a number of people who complained that the legal requirement to produce a medical practitioner's certificate for each renewal of the badge was highly inappropriate for someone who had suffered a single or double leg amputation. I was reminded of this bureaucratic nonsense during my election campaign by a disgruntled constituent and I promised to look into this matter. As he rightly pointed out, why should he pay every 3 years for an appointment with his G.P. in order to obtain a certificate confirming his continued disability?

Whilst many amputees can be successfully fitted with prostheses, the ability to walk any significant distance is restricted and there will be some days when the stump is too sore to use the prosthesis.

Having read the Road Traffic (Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order 1982, it is quite clear to me that it would be relatively simple to include a clause that excludes the requirement for a medical practitioner's certificate, on a second or subsequent renewal of a badge, where the applicant is a single or double leg amputee. Such an exemption currently exists for a person who is blind or who is registered with the Jersey Blind Society Incorporated.

The  Transport  and  Technical  Services  Department  has  been  consulted  and  has expressed no objection to the proposed exemption for single or double leg amputees. However, they have warned that a "creep to embrace more subjective conditions" could create difficulties with the administration of the law.

Financial and manpower statement

Should  this  proposition  be  approved,  the  Minister  for  Transport  and  Technical Services will be requested to make an amendment to the Road Traffic (Disabled Persons) (Badges for Motor Vehicles) Jersey Order 1982, which will require law drafting time. The Law Draftsman has confirmed that this can be accommodated as a minor and routine item within existing resources.

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