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Disabled Persons Reserved Parking: K53 SA LAW

Disabled Persons Reserved Parking: K53 SA LAW

If a vehicle does not have anyone inside who is disabled, then it is illegal for such a vehicle to be parked in a parking bay that is reserved for vehicles carrying disabled persons, as indicated by the appropriate road sign or road surface marking. That is the law

National Road Traffic Act Regulations

80. Parking for disabled persons

Any disabled person who has been exempted from the laws relating to parking in accordance with the laws of any province, and to whom proof of such exemption has been issued, shall be deemed to be so exempted from the laws applicable in the areas of jurisdiction of all local authorities in the Republic, but only to the extent to which that disabled person is exempted from the laws applicable in the area of jurisdiction of the local authority concerned

City By-laws (example)

City of Cape Town

Reserved parking for the disabled, diplomatic corps, South African Police Services and other identified groups

18. (1) The City may reserve parking areas for the disabled, diplomatic corps, South African Police Services and any other groups identified by the City, and may designate such areas by notice or road signage and may impose conditions appertaining to the issue of special parking facility permits.
(2) No person may stop, park or leave a vehicle at any time in any designated parking space other than a vehicle displaying a designated parking
permit.
(3) Any person who contravenes subsection (2) commits an offence

Road sign and marking, and their legal meaning

There seems to be some confusion as to what the regulations are in regard to just what drivers are allowed to park in these bays, as shown by the Airports Company’s response to a complaint from a driver who parked in a parking bay reserved for vehicles carrying disabled persons:

“Please note Disabled parking is strictly for disabled passengers who park their own vehicles with a sticker displayed on their windscreen or windows. If you are an able bodied person taking up a disabled parking space-this is against the rules and the law.”
Reference: http://www.hellopeter.com/airports-company-south-africa/complaints/unfair-fine-792386

Well, here is what the National Road Traffic Act, Regulations for Road Signs, has to say about the applicable road marking and road sign.

Road Marking - Parking Reserved For Vehicles Carrying Disabled PersonsRoad Sign R323P - Parking reserved for vehicles carrying disabled persons

It is clear that both the marking and the sign mean that the parking area is reserved for vehicles carrying disabled persons only – whether they are the driver or a passenger or passengers in the vehicle. It does not say that the vehicle must be driven by the disabled person himself or herself, which would be quite a ridiculous requirement, considering that a disabled person may not be capable of driving anyway

Conclusions drawn by this website

  • Parking where the sign R323P or the road marking RM16 is displayed is reserved exclusively for vehicles carrying an occupant (driver OR passenger) who has a disability and for whom an parking exemption permit has been granted by the local authority.
  • That exemption certificate must be visibly displayed in the vehicle while it is parked in such a parking bay.

Disclaimer

The above conclusions represent the informed opinion of the owner of this website, and do not carry any legal authority.

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