Traffic Management Act 2004
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Change 1
94 Power to inspect blue badges
(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows. (2) In subsection (4B) after “a badge” there is inserted “ purporting to be ”. (3) After subsection (4B) there is inserted— (4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who— (a) is in the vehicle, or (b) appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection. (4BB) In subsection (4BA) “enforcement officer” means— (a) a traffic warden; (b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004); (c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984). (4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle. (4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence. (4) In subsection (4C) after “(4B)” there is inserted “ or (4BD) ”. (5) In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after “badge” there is inserted “ purporting to be ”.
94 Power to inspect blue badges
(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows. (2) In subsection (4B) after “a badge” there is inserted “ purporting to be ”. (3) After subsection (4B) there is inserted— (4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, he may require any person who— (a) is in the vehicle, or (b) appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection. (4BB) In subsection (4BA) “enforcement officer” means— (a) a traffic warden; (b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004); (c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984). (4BC) The power conferred on an enforcement officer by subsection (4BA) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle. (4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (4BA) shall be guilty of an offence. (4) In subsection (4C) after “(4B)” there is inserted “ or (4BD) ”. (5) In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use of disabled person's badge), in subsection (1)(a) after “badge” there is inserted “ purporting to be ”.
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