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Motor Vehicles Act 1959
Part 3DDisability parking permits
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Part 3D—Disability parking permits
98R—Application for permit
(1) The following persons may apply to the Registrar for a disability parking permit:
(a) a person with a disability; and
(b) an organisation that provides to at least 4 people with a disability services that include transportation services.
(2) An application under this section must be made in a manner and form determined by the Minister, and must be accompanied by the prescribed fee.
(2a) The Registrar may require an applicant to furnish the Registrar with specified evidence as to the applicant's eligibility for a permit under this section.
(3) The Registrar may require an applicant who is a person with a disability to be examined by a medical practitioner nominated by the Registrar, at a place accessible and convenient to the applicant.
(4) If the Registrar is satisfied that an applicant is eligible for a permit under this section, the Registrar must grant a disability parking permit to the applicant.
98S—Duration and renewal of permits
(1) A disability parking permit will be granted or renewed—
(a) in the case of a permit issued to a person with a disability with a temporary impairment—for such period, not exceeding 12 months, as the Registrar thinks appropriate in view of the likely duration of the impairment;
(b) in any other case—for a number of years, not exceeding 5, determined by the Registrar.
(2) A permit may be renewed on application made in a manner and form determined by the Minister and accompanied by the prescribed fee.
temporary impairment means an impairment that, in the opinion of the Registrar, is likely to endure for more than 6 months but is not likely to be permanent.
98T—Permit contents, conditions and entitlements
(1) A disability parking permit may be used for the purposes of obtaining the benefit of parking exemptions or concessions conferred by the Australian Road Rules under the Road Traffic Act 1961 or by any other Act.
(1a) A disability parking permit must include a people with disabilities symbol as defined in the Australian Road Rules.
(1b) It is a condition of use of a disability parking permit in relation to a vehicle that—
(a) the vehicle must be being used—
(i) in the case of a permit issued to a person with a disability—for the transportation of the person with a disability; or
(ii) in the case of a permit issued to an organisation—for the transportation of a person with a disability to whom the organisation provides services; and
(b) the permit must be displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle.
(1c) A disability parking permit is not to be taken to be lawfully displayed in a vehicle for the purposes of any other Act unless it is displayed in the vehicle in accordance with the condition referred to in subsection (1b)(b).
(2) A person with a disability—
(a) who is the holder of a disability parking permit; and
(b) who drives a motor vehicle to and from the person's place of employment,
may apply in writing to the council of the area in which that place of employment is situated, for permission to park a motor vehicle near to that place of employment.
(3) A council to which an application is duly made under subsection (2) may, after consultation with the applicant, make such arrangements for the parking of the applicant's motor vehicle near to the place of employment while the applicant is in attendance at that place as are reasonably practicable, having regard to—
(a) the speed of movement of the applicant and the distance the applicant is able to move without undue difficulty; and
(b) the particular needs, requirements and disabilities of the applicant; and
(c) the range of other parking facilities that may be available, accessible and convenient to the applicant.
(4) A council must, for the purposes of giving effect to an arrangement under subsection (3), grant such an exemption under section 174C of the Road Traffic Act 1961 (whether conditional or unconditional) as may be necessary.
(5) A council may, after consultation with the person in relation to whom an arrangement has been made under subsection (3), revoke or vary that arrangement.
(6) A person who is aggrieved by a decision of a council to refuse to make an arrangement under subsection (3), or to revoke or vary such an arrangement, may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(7) An application for review must be made to the Tribunal within 28 days of the making of the decision.
(8) If the reasons of the council are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the council's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.
98U—Misuse of permit
A person must not display, or permit to be displayed, a disability parking permit on a motor vehicle unless that vehicle is in the course of being used for the transportation of the holder of the permit or, if the permit was issued to an organisation, the transportation of a person with a disability to whom the organisation provides services.
98V—Cancellation of permit
(1) The Registrar—
(a) must, if satisfied, upon the report of a medical practitioner, that a person with a disability who is the holder of a disability parking permit no longer meets the criteria set out in section 98R(1); or
(ab) must, if satisfied that an organisation that is the holder of a disability parking permit no longer meets the criteria set out in section 98R(1); or
(b) may, if the holder of a disability parking permit is convicted of an offence against section 98U,
cancel, or refuse to renew, the permit.
(2) The Registrar may, by notice given in a manner and form determined by the Minister to the holder of a disability parking permit, require that person to deliver the permit to the Registrar, at a place and within a reasonable time specified in the notice, for the purpose of cancelling the permit pursuant to this section.
(3) A person must comply with a notice given to the person under subsection (2).
98WA—Interstate permit holders have reciprocal entitlements
(1) The holder of a permit issued in another State or a Territory of the Commonwealth under a corresponding law will, while in this State, be taken to be the holder of a disability parking permit under this Part and the permit will give rise to the same entitlements and obligations (including liability to cancellation) as if it had been issued under the relevant provision of this Part.
(2) The Minister may, by notice in the Gazette, declare that a law of another State or a Territory of the Commonwealth is a corresponding law for the purposes of this section.
98X—Interpretation
(1) A motor vehicle will for all purposes be taken to be in the course of being used for the transportation of a person with a disability despite the fact that the person is accompanied by other persons.
(2) In this Part—
person with a disability means a person who meets the eligibility criteria prescribed by the regulations for the purposes of this Part.