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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1026/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1026/96

Designated Impaired Mobility Parking Regulations
under the
Highway Traffic Act

Under the authority of section 187 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Permit required

        4.   Parking permit

        5.   Permits from other jurisdictions

        6.   Access ramp

        7.   Order re Act

        8.   Repeal


Short title

        1. These regulations may be cited as the Designated Impaired Mobility Parking Regulations.

125/95 s1

Definitions

        2. For the purpose of these regulations

             (a)  "Act" means the Highway Traffic Act;

             (b)  "designated mobility impaired parking space" means a parking space designated by a sign bearing the international wheelchair logo set aside for motor vehicles used by persons with a mobility impairment;

             (c)  "international wheelchair logo" means the international symbol of access for the handicapped sign which is a white wheelchair on a blue background with a white border as depicted in the Uniform Traffic Control Devices for Canada Manual published by the Transportation Association of Canada;

             (d)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (e)  "permit" means a valid permit bearing the international wheelchair logo and issued to a person with a mobility impairment under these regulations;

              (f)  "person with a mobility impairment" means

                      (i)  a person who, because of a mobility impairment, requires the use of a special transit facility,

                     (ii)  a person who has lost use of one or more lower extremities or who has significant limitation in the use of lower extremities or who has a designated disease or disorder which substantially impairs or interferes with mobility,

                    (iii)  a person who suffers from lung disease to such an extent that his or her (respiratory) expiratory volume, per second, when measured by spirometry, is less than one litre/second or his or her arterial oxygen tension (p02) is less than 60mm/Hg on room air at rest,

                    (iv)  a person who is impaired by cardiovascular disease to the extent that his or her functional limitations are classified in severity as to standards accepted by the Canadian Heart Foundation,

                     (v)  a person who, because of a visual or other impairment, requires specialized access to ensure safety;

             (g)  "registrar" means the Registrar of Motor Vehicles; and

             (h)  "sidewalk access ramp" means a ramp or pathway used or intended for use by a person with a mobility impairment and providing access to a building or area not otherwise readily accessible to a person with a mobility impairment.

125/95 s2

Permit required

        3. (1) A person other than the holder of a permit or a person accompanying the holder of a permit shall not park a motor vehicle in a designated mobility impaired parking space.

             (2)  A permit shall be displayed in the windshield of a vehicle occupying a designated mobility impaired parking space.

125/95 s3

Parking permit

        4. (1) Application for a permit shall be on a form prescribed by the registrar.

             (2)  Every person requesting a permit shall complete an application and forward the form to the registrar or another body as may be designated in the form.

             (3)  Application forms must be duly signed by the applicant and the attending physician to establish satisfactory proof of mobility impairment.

             (4)  Every permit issued after September 1, 1995 shall be clearly marked

             (a)  with a unique number which identifies the permit and the holder of the permit; and

             (b)  with the date of expiry of the permit.

             (5)  Each permit shall be valid until the expiry date printed on the permit or, where no expiry date is indicated, until December 31, 1996.

             (6)  Upon renewal of a permit, the issuer may waive the requirement of subsection 4(3).

             (7)  Every person who holds a permit shall surrender the permit upon request of a peace officer.

             (8)  Every permit remains the property of the Crown and shall be returned to the issuer upon request.

125/95 s4

Permits from other jurisdictions

        5. For the purpose of these regulations, a motor vehicle displaying a valid special licence plate or parking permit bearing the international wheelchair logo and issued under similar laws of another jurisdiction shall be allowed the special parking privileges afforded by these regulations.

125/95 s5

Access ramp

        6. A person shall not park within 2 metres of a sidewalk access ramp whether on private or public property.

125/95 s6

Order re Act

        7. For the purpose of these regulations, it is ordered a designated mobility impaired parking space and the area within 2 metres of a sidewalk access ramp is, under section 215 of the Act, considered to be a highway.

125/95 s7

Repeal

        8. The Highway Traffic (Designated Impaired Mobility Parking) Regulations, 1995, Newfoundland Regulation 125/95, are repealed.