Division 2Division 2 Mobility parking scheme authorities
In this Division:holder of a scheme authority, or an expired or revoked scheme authority, means the person or organisation to whom or to which the scheme authority has been or was issued.
interstate or overseas authority means a document issued by an authority of another State or Territory, or of a foreign country, to indicate:
(a) that a specified person is a disabled person who has the benefit of parking concessions in that State, Territory or country, or(b) that a specified vehicle is used for the purpose of conveying disabled persons and has the benefit of parking concessions in that State, Territory or country.mobility parking scheme means the scheme for the issue of scheme authorities set out in this Division.
organisation means a corporation or an unincorporated association of persons.
scheme authority means a mobility parking scheme authority issued under this Division.
Subdivision 2 Issue of scheme authorities
126 Authority may issue mobility parking scheme authorities
The Authority may, on application under this Division, issue a mobility parking scheme authority:(a) for use by a disabled person, or(b) for use by an organisation in connection with the conveyance of disabled persons.
(1) A scheme authority must show:(a) a unique identifying number that has been allocated by the Authority, and(b) the full name of the holder of the scheme authority, and(c) the category of scheme authority issued, and(d) the expiry date of the scheme authority.(2) A scheme authority may also show any of the following:(a) a photograph of the individual to whom it has been issued,(b) the date of birth of the individual to whom it has been issued,(c) the residential, business or other address for service of the holder of the scheme authority,(d) the signature (or a reproduction of the signature) of an individual to whom it has been issued,(e) any other information that the Authority considers appropriate.(3) A scheme authority may be categorised and colour coded as follows:individual authority for disabled person—blue
temporary authority for disabled person with temporary disability—red
organisational authority for the conveyance of disabled persons—green
126B Conditions of scheme authorities
(1) A scheme authority is subject to the following conditions:(a) the scheme authority must only be used in connection with the conveyance of the holder of the scheme authority, or in the case of a scheme authority issued to an organisation, in connection with the conveyance of disabled persons by or on behalf of that organisation,(b) when in use, the whole of the side of the scheme authority marked “THIS SIDE UP” must be clearly displayed at the left of the vehicle’s windscreen, or on any window on the left hand (passenger) side of the vehicle, or if this is not practicable, in another part of the windscreen or other window of the vehicle,(c) a scheme authority must not be used if it has been defaced or otherwise altered or where any of the personal or organisational details on the scheme authority is illegible.(2) A scheme authority is also subject to such other conditions as may be imposed on the holder of the scheme authority by the Authority.(3) A condition imposed by the Authority on a scheme authority under subclause (2) does not have effect until written notice of the condition is given to the holder of the scheme authority.
126C When scheme authority ceases to be in force
A scheme authority ceases to be in force on the expiry of the scheme authority unless it is sooner revoked by the Authority under this Division.
Subdivision 3 Applications for scheme authorities and collection and use of information
126D Procedure to obtain scheme authority
(1) The applicant for a scheme authority must be:(a) in the case of an application for a scheme authority for an individual—the individual or a person that the Authority is satisfied acts on behalf of the individual, or(b) in the case of an application for a scheme authority for an organisation—an individual authorised in writing by the organisation (or the governing body of the organisation) to apply for the scheme authority on its behalf.(2) An applicant for the issue of a scheme authority must give the Authority:(a) a completed application form in the form approved by the Authority, and(b) particulars necessary to identify the applicant and the applicant’s residential or business address, including any evidence that the Authority may reasonably require to verify those particulars (for example, evidence of the person’s address on the electoral roll), and(c) where the applicant is making the application on behalf of an individual or organisation:(i) such documents or other evidence of the applicant’s authority to make the application as is specified by the application form or otherwise required by the Authority, and(ii) particulars necessary to identify the individual or organisation on behalf of whom or which the application is made and the individual’s or organisation’s residential, business or other address for service, including any evidence that the Authority may reasonably require to verify those particulars (for example, evidence of the individual’s address on the electoral roll), and(d) any documents or other evidence (including medical certificates) specified by the application form, and(e) the fee (if any) fixed under clause 126E for the category of scheme authority sought.(3) The Authority may, in the case of an application for a scheme authority for an individual, require the applicant to provide, in such a form as may be specified by the Authority, evidence that satisfies the Authority that the individual is a disabled person.
126E Fees for applications for scheme authorities
(1) The Authority may, by order published in the Gazette, fix fees, or amend or revoke fees, for services provided by the Authority in connection with the issue of scheme authorities.(2) Without limiting subclause (1):(a) different fees may be fixed for different categories of authorities, and(b) different fees may be fixed for different categories of applicants.(3) In fixing any fee under subclause (1), the Authority must have regard to the following matters:(a) the costs (or estimated costs) associated with the establishment and administration of the mobility parking scheme over such period as the Authority may determine (the specified administration period),(b) the actual or estimated number of applicants for scheme authorities and participants in the mobility parking scheme during the specified administration period,(c) any increases in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.(4) The Authority may in a particular case waive the requirement for a fee or reduce a fee.
126F Surrender of current or expired scheme authority if new authority obtained
(1) If an applicant for a scheme authority holds a current scheme authority or possesses an expired scheme authority, the applicant must surrender that authority to the Authority before the issue of a new scheme authority.(2) Despite subclause (1), the Authority may exempt a person from surrendering a current or expired scheme authority if the Authority is satisfied that it would be unreasonable, in the circumstances, to require that authority to be surrendered.
126FA Information about eligibility for and use of scheme authority
The Authority may at any time, by notice in writing, require the holder of a scheme authority to provide, in such a form as may be specified in the notice, evidence that satisfies the Authority of either or both of the following:(a) that the scheme authority has not been misused in the manner or circumstances described in the notice,(b) if the holder is an individual, that the individual is a disabled person.
For the purposes of satisfying itself under clause 126D (3) or 126FA (b) that an individual is a disabled person, the Authority may require the individual:(a) to be examined by a specified medical practitioner or a medical practitioner belonging to a specified class of medical practitioners, and(b) to authorise any such medical practitioner to provide the Authority with such information as the Authority may require in relation to the individual’s disability.
126FC Information collected under Subdivision
(1) The Authority may collect, retain, use and disclose any information provided under this Subdivision for the purposes of carrying out its functions under this Division, or for the prosecution of an offence under this Division.(2) Despite subclause (1), evidence provided under clause 126FA (a) may not be used to prosecute a person who provides the evidence for an offence other than an offence in respect of the falsity of the evidence.
126G Authority may require the taking of photographs
(1) The Authority may (but need not) require an applicant for a scheme authority to have his or her photograph taken.(2) However, the Authority must not require an applicant for a scheme authority to have his or her photograph taken if the Authority is satisfied:(a) the applicant is under 16 years of age, or(b) the applicant suffers from a significant facial disfigurement, or(c) the applicant cannot attend a motor registry to be photographed because of the severity of the applicant’s disabilities.(3) For the purposes of making a determination under subclause (2) (b) or (c), the Authority may require the applicant to provide supporting documentation from a medical practitioner.
126H Purposes for which photographs may be kept and used
(1) A photograph of a person taken for the purposes of this Division may be kept and used by the Authority only for one or more of the following purposes:(a) to reproduce the likeness of the person on a scheme authority,(b) to assist in determining the identity of the person in connection with an application for a new scheme authority,(c) for the purpose of investigating the commission of, or conducting criminal proceedings for, an offence concerning parking or a scheme authority,(d) any purpose for which a photograph to which Part 5 (Protection of stored photographs) of the Road Transport (Driver Licensing) Act 1998 applies may be kept and used by the Authority under that Part,(e) any purpose for which a photograph to which Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 applies may be kept and used by the Authority under that Part.(2) A photograph may be used for a purpose set out in this clause at the time that the photograph is provided or taken or at any later time.
126I Release of photographs prohibited
(1) The Authority must ensure that a photograph taken for the purposes of this Division, and any photographic image or other matter contained in any database of such photographs, is not released except:(a) to the NSW Police Force, or(b) to an authority of another State or Territory or a foreign country that has responsibility for issuing interstate or overseas authorities or for the enforcement of parking offences, or(c) for the purpose of the conduct of any criminal proceedings for an offence concerning parking or a scheme authority, or(d) to the Sheriff, for the purpose of any fine recovery proceedings, or(e) as provided under any other law, or(f) to the person whose likeness is shown in the photograph or on the database.(2) Any release authorised by subclause (1) (a)–(d) must be in accordance with any protocol approved by the Privacy Commissioner.
Subdivision 4 Use of scheme authorities
126J Relaxation of parking restrictions
Rule 206 of the Road Rules 2008 extends the period during which a vehicle displaying a scheme authority may be parked on a road, or in an area, to which a permissive parking sign applies when the vehicle is being used for:(a) the conveyance of the disabled person to whom the scheme authority was issued, or(b) the conveyance of disabled persons by the organisation to which the scheme authority was issued.
126K Improper use of scheme authorities
(1) A person in charge of a vehicle must not display a scheme authority in or on the vehicle in contravention of any condition of the scheme authority.(2) The holder of a scheme authority must not permit another person to have possession of, or access to, the scheme authority if the holder suspects or should reasonably suspect that the other person will use the scheme authority in contravention of any condition of the scheme authority.Maximum penalty: 20 penalty units.
126L Reproducing, copying, defacing, altering or destroying scheme authorities
A person must not, without the permission of the Authority, reproduce, copy, deface, alter or destroy a scheme authority.Maximum penalty: 20 penalty units.
126M Return of scheme authorities issued to individuals who have ceased to be disabled persons
An individual who holds a scheme authority and who ceases to be a disabled person during the currency of the authority must, as soon as is reasonably practicable after ceasing to be a disabled person, return the scheme authority to the Authority.Maximum penalty: 20 penalty units.
126N Production and confiscation of scheme authorities
(1) An authorised officer may direct the person in charge of a vehicle that is displaying a scheme authority or an interstate or overseas authority (or a document or other thing that purports to be such an authority) to remove the authority, document or thing from the vehicle and give it to the officer if:(a) the vehicle is stopped in a parking area for people with disabilities (within the meaning of rule 203 of the Road Rules 2008), or(b) the vehicle is parked contrary to a permissive parking sign.(1A) An authorised officer to whom a scheme authority is given may do any one or more of the following:(a) inspect the scheme authority,(b) request and inspect the identification of the person in charge of the vehicle for the purpose of confirming that person’s identity,(c) if the authorised officer has reasonable grounds to suspect that the scheme authority:(i) is not being used by the holder of the scheme authority, or(ii) is being used contrary to the conditions of the scheme authority, or(iii) has expired,confiscate the scheme authority.(1B) If a scheme authority is confiscated under this clause, the Authority must determine whether to revoke the scheme authority in accordance with clause 126P.(2) A person to whom a direction is given under subclause (1) must immediately comply with that direction.Maximum penalty: 20 penalty units.
(3) In this clause, authorised officer means:(a) a police officer, or(b) an authorised officer within the meaning of Part 8 of the Road Transport (General) Regulation 2005, other than an officer referred to in Schedule 2 of that Regulation as class 3 officer or a class 4 officer.
Subdivision 5 Expiry and revocation of scheme authorities
126O Expiry of scheme authorities
(1) A scheme authority expires at the end of the day that is specified on the scheme authority as the expiry date for the authority.(2) The Authority may, by written notice given to the holder of an expired scheme authority, require the holder of the expired scheme authority to return it to the Authority.Note. Section 239 of the Road Transport (General) Act 2005 makes provision for how notices to individuals and corporations under this Regulation may be given or served by the Authority. Clause 8 of the Road Transport (General) Regulation 2005 makes provision for how notices to unincorporated associations for the purposes of this Division may be given or served by the Authority.(3) If a notice referred to in subclause (2) is given in relation to an expired scheme authority:(a) where the holder of the expired scheme authority is an individual or an organisation that is incorporated—the individual or organisation must immediately return it to the Authority as soon as is reasonably practicable after receiving the notice, or(b) where the holder of the expired scheme authority is an organisation that is unincorporated—the person in possession of the expired authority must immediately return it to the Authority as soon as is reasonably practicable after becoming aware that the notice has been given.Maximum penalty (subclause (3)): 20 penalty units.
126P Revocation of scheme authorities
(1) The Authority may at any time revoke a scheme authority:(a) for a failure to comply with the conditions of the scheme authority, or(b) for any other misuse of the scheme authority, or(b1) for a failure by the holder of the scheme authority to comply with a requirement of the Authority under clause 126FA or 126FB, or(c) for any other reason.(2) If the Authority decides to revoke a scheme authority, the Authority must give the holder of the scheme authority written notice of:(a) the reasons for the proposed revocation, and(b) the action (if any) that must be taken by the holder of the scheme authority in order to avoid or reverse the revocation, and(b1) the right of the holder to appeal to the Local Court against the decision to revoke the scheme authority, andNote. Appeals to the Local Court are dealt with under clauses 29A and 29B of the Road Transport (General) Regulation 2005.(c) the date after service of the notice on which the revocation takes effect.Note. Section 239 of the Road Transport (General) Act 2005 makes provision for how notices to individuals and corporations under this Regulation may be given or served by the Authority. Clause 8 of the Road Transport (General) Regulation 2005 makes provision for how notices to unincorporated associations for the purposes of this Division may be given or served by the Authority.(3) A notice under subclause (2) must also state that the holder of the scheme authority will no longer be authorised to use the scheme authority on its revocation.(4) A scheme authority is revoked in accordance with the terms of a notice given under this clause unless the Authority, by further written notice to the holder of the scheme authority, withdraws the notice.(5) The Authority may decide to revoke a scheme authority without the holder of the scheme authority having been provided with an opportunity to show cause why the scheme authority should not be revoked.(6) If a scheme authority is revoked:(a) where the holder of the revoked scheme authority is an individual or an organisation that is incorporated—the individual or organisation must return it to the Authority as soon as is reasonably practicable after the revocation, or(b) where the holder of the revoked scheme authority is an organisation that is unincorporated—the person in possession of the scheme authority must return it to the Authority as soon as is reasonably practicable after becoming aware of the revocation.Maximum penalty (subclause (6)): 20 penalty units.
(7) If a scheme authority has been confiscated under clause 126N and the Authority decides not to revoke the scheme authority under this clause, the Authority must return the scheme authority to its holder as soon as is reasonably practicable.
(1) In this clause:amending Regulation means the Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Mobility Parking Scheme) Regulation 2007.
existing authority means a mobility parking scheme authority that was in force immediately before the commencement of the amending Regulation.
(2) The amendments made to this Division by the amending Regulation extend to an existing authority on and from the date of commencement of the amending Regulation.(3) The conditions imposed on an existing authority under clause 126B (1) (as amended by the amending Regulation) replace the conditions that were imposed on the scheme authority by that subclause before that amendment.(4) Any condition that applied to an existing authority under clause 126B (2) continues to apply to the authority except to the extent that the condition is inconsistent with the conditions imposed under clause 126B (1) (as amended by the amending Regulation).