2. OBJECTIVES
History
Understanding Why We Enforce
INTRODUCTION
Awareness of Good Practice –
• How We Enforce
• Liaison
Understanding of The Legislation
Awareness of the Problems With This Type of Enforcement
The Future
Summary
3. HISTORY
Post establish July 2005
First Conviction 2006 – Trial Case (Test Procedures)
Fully established 2009
One full time investigator, two part time
Complaints increase in number year on year since
being first recorded
2010 – 129
2011 – 157
2012 – 72 (to date)
Reporting Lost/Stolen badges - 2008
4. WHY DO WE ENFORCE THE WAY WE DO
(BACKGROUND)
Blue badge scheme unsustainable (22,000
badges)
THE DISABLED
Becoming more BLUE BADGE
& more socially acceptable
SCHEME
Ignorance of the law and the scheme
Enforcement by other means difficult
5. DISCRETIONARY PARKING
WHY DO WE ENFORCE
Aims: the rights of genuine badge holders
Protect
• What is the Disabled Blue Badge Scheme
Misuse/Fraudulent is a crime - Decriminalised
• Checks
or not
• Permitted Parking
• No Parking
Social inclusion not exclusion
• Offending
• Legislation
Equality Act compliant
• Blue Badge Identification
Loss of Revenue/Others Paying
6. How BLUE BADGE SCHEME
THE DISABLED We Enforce
Reports to the Procurator Fiscal - Primary
• National Scheme – April 2000
• Joint operations – not vehicle Patrols
Issued to person
High Profile
• Removals – Fake/Forged Badges)
Issued to Organisations
• Display
• Penalty Charge Notice (Parking Ticket)
Application via the Council
• Warning Letters – All WaysCouncil
Scheme administered by Upon Charging
• Misuse
• Badge Seizure – Always (Police Presence)
Quarter of all badges in UK Scottish
• Through administration – Desk top assessments
Foreign badges and badge holders
7. THE DISABLED BLUE BADGE SCHEME
LIAISON – JOINED UP THINKING
CHECKS
Procurator Fiscal – Meetings/Advice
Front: Reverse:
Lothian and Borders Police –
• Expiry Neighbourhood Teams –Photograph
Safer • Intelligence exchange/
Assistance a point of Charging
• Issuing Authority PNC • Surname
Vehicle Checks via
• Serial Number
DWP – DLA Investigators • Forename
• Hologram – -Older
Parking Contractor NSL • Signature
style badges
Other Local Authorities – Enquiries/Advice/Training
8. LEGISLATION/OFFENCES
Regulation of Investigatory Powers (Scotland) Act 2000 – Covert
Surveillance
Chronically Sick and Disabled Persons Act 1970
Road Traffic Regulation Act 1984 – Sect’s 115 & 117
Disabled Persons (Badges for Motor Vehicles) (Scotland)
Regulations 2000 – As amended
Common Law Fraud
Theft By Finding
9. AWARENESS OF THE PROBLEMS WITH THIS TYPE OF
ENFORCEMENT
Manpower resources – corroboration
Time consuming – surveillance/paper work etc
Equipment
Lack of compensation
Number of complaints – too many to actively
investigator (prioritise)
Changes in law/legislation – 2010/2011
Money
10. THE FUTURE
Increase number of full time investigators
Shared service with neighbouring authorities
Potential Changes in the law – Cadder Case/Carloway
report
Increase productivity!!!!
Editor's Notes
National Scheme Replaced the orange badge in 2000 Issued to individuals not vehicles – hire vehicles etc / cannot be used to run errands / badge holder responsible to ensure details remain legible /badge should be renewed if faded / PCN to be issued if details cannot be read Issued to organisations responsible for elderly or disabled Badge should be displayed on the dashboard or windscreen of vehicle face up – PCN should be issued for badges displayed face down Clock cards may also be on display Foreign badges should be looked at like blue badges unless otherwise informed
