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NEWFOUNDLAND AND LABRADOR
REGULATION 24/19

Accessible Parking Regulations
under the
  Highway Traffic Act

(Filed April 11, 2019)

Under the authority of section 187 of the Highway Traffic Act, I make the following regulations.

Dated at St. John’s, April 10, 2019.

Sherry Gambin-Walsh
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Accessible Parking Regulations .

24/19 s1

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Definitions

        2. For the purpose of these regulations

             (a)  "accessible parking space" means a parking space, including access aisles,

                      (i)  designated by a RB-71 sign of any dimension or color from the Manual of Uniform Traffic Control Devices for Canada published by the Transportation Association of Canada,

                     (ii)  designated by a uniform traffic control sign of any dimension or color from the Canada Standards Association standard CSA B651,

                    (iii)  designated by a sign of any dimension or color bearing a symbol of a figure in a wheelchair,

                    (iv)  bearing a symbol of a figure in a wheelchair, or

                     (v)  painted blue in whole or in part;

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

             (c)  "chiropractor" means a chiropractor as defined in the Chiropractors Act, 2009 ;

             (d)  "curb ramp" means a ramp cut in the sidewalk with the lower edge of the ramp blending to the common surface of the finished grade;

             (e)  "medical practitioner" means a medical practitioner as defined in the Medical Act, 2011 ;                       

             (f)  "permit" means a valid document issued by the registrar to a person with a mobility challenge;

             (g)  "person with a mobility challenge" means

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

                     (ii)  a person who has

                            (A)  lo st the use of one or more lower extremities,

                            (B)  significant limitation in the use of lower extremities, or

                            (C)  a disease or disorder which substantially impairs or interferes with mobility ,

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

                    (iv)  a person who has a cardiovascular disease that causes his or her functional limitations to be classified in severity as to standards accepted by the Heart and Stroke Foundation of Canada, or

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

             (h)  "registered nurse" means a registered nurse as defined in the Registered Nurses Act, 2008 .

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Parking permit

        3. (1) The registrar shall issue a permit to a person who

             (a)  submits an application in the form prescribed by the registrar; and

             (b)  provides documentation satisfactory to the registrar from a medical practitioner, registered nurse or chiropractor confirming the person's mobility challenge.

             (2)  The registrar shall renew a permit where a person

             (a)  submits an application in the form prescribed by the registrar; and

             (b)  where requested by the registrar, provides documentation satisfactory to the registrar from a medical practitioner, registered nurse or chiropractor confirming the person's mobility challenge.

             (3)  A person who holds a permit shall surrender the permit upon request of a peace office r.

             (4)  A permit remains the property of the Crown and shall be returned to the registrar upon request .

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Permit required

        4. (1) A person other than the holder of a permit or a person accompanying the holder of a permit shall not park, temporarily or otherwise, a motor vehicle in an accessible parking space.

             (2)  A permit shall be displayed in the windshield of a vehicle occupying an accessible parking space.

             (3)  A person shall not display a permit which

             (a)  has expired;

             (b)  does not contain a valid expiry date; o r

             (c)  is otherwise invalid.

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Permits from other jurisdictions

        5. A motor vehicle displaying a valid permit, number plate or other marker bearing the a symbol of a figure in a wheelchair and issued by another jurisdiction shall be entitled to the same privileges as a motor vehicle displaying a permit issued under these regulations.

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Curb ramp

        6. (1) A person shall not park within 2 metres of a curb ramp whether on private or public property.

             (2)  Subsection (1) does not apply where

             (a)  the curb ramp is located in or adjoins an accessible parking space; and

             (b)  the person parked in the accessible parking space holds a permit.

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Penalty

        7. A person who contravenes a provision of these regulations is guilty of an offence and is liable on summary conviction to

             (a)  a fine of not less than $400 and not more than $700; and

             (b)  in default of payment of a fine, imprisonment for not less than 2 days and not more than 10 days.

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Repeal

        8. The Designated Mobility Impaired Parking Regulations , Consolidated Newfoundland Regulation 1026/96, are repealed.

24/19 s8