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The Physically Disabled Persons Parking Act

S.M. 1989-90, c. 61

Bill 88, 2nd Session, 34th Legislature

The Physically Disabled Persons Parking Act

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"designated parking space" means a parking space designated in accordance with section 5; («aire de stationnement désignée»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"permit" means a permit issued

(a) by the minister, or a delegate of the minister, under section 3, or

(b) by a competent licencing authority in another jurisdiction in respect of a vehicle used in the transportation of a physically disabled person; («permis»)

"physically disabled person" means a person who is physically disabled in such a way that his or her mobility is seriously restricted, and without limiting the generality of the forgoing, includes a person who uses a wheelchair, crutches, braces or other mobility-assisting device; («handicapé physique»)

"roadway" means a roadway as defined in The Highway Traffic Act; («chaussée»)

"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act. («véhicule automobile»)

Prohibition

2           No person shall stop, stand or park a motor vehicle in a designated parking space or in a manner that renders the designated parking space inaccessible unless the vehicle displays a permit in accordance with the requirements of section 4.

Parking permits

3(1)        The minister may issue permits to physically disabled persons who apply on a form approved by the minister and who pay the fee, if any, prescribed by the regulations.

Delegation of authority to issue permits

3(2)        The minister may delegate the authority to issue permits under subsection (1) to another person, or to an organization concerned with physically disabled persons, or to a municipality, and where authority is delegated to an organization, the organization may approve the form of application and is entitled to retain the amount of any fee that is payable.

International symbol of access

3(3)        Each permit issued under this section shall bear, in blue on white, the international symbol of access for the physically disabled.

Authorized use

3(4)        A permit authorizes the holder or a person who is transporting the holder to stop, stand or park a motor vehicle in a designated parking space if the permit is used and displayed in accordance with the requirements of section 4.

Unauthorized use

3(5)        No person other than a physically disabled person shall acquire a permit.

Permits not transferable

3(6)        A permit is not transferable.

Transitional

3(7)        A driver verification decal or dashboard or parking placard issued to a physically disabled person by

(a) the Driver and Vehicle Licencing Division of the Department of Highways and Transportation;

(b) the City of Winnipeg; or

(c) an organization that is delegated authority to issue permits under subsection 3(2);

that is valid on the day this Act comes into force, is deemed to be issued under this section.

Use and display of permit by authorized persons

4           Whenever a motor vehicle occupies a designated parking space and is being used by a physically disabled person or another person for the purpose of transporting the physically disabled person, the vehicle shall display a permit on the dashboard or sunvisor in such a manner that it is readily visible through the windshield of the vehicle.

Number of spaces to be designated

5(1)        Every person who makes parking available to the public on private property shall designate for the use of physically disabled persons the number of designated parking spaces that is prescribed by the regulations.

Location and width of designated parking spaces

5(2)        A person who is required to designate a parking space or spaces shall ensure that each designated parking space

(a) is accessible to physically disabled persons and is located so as to minimize the distance to building entrances and exits; and

(b) has a minimum width of 3.7 m, except where the space is open and unobstructed on one side, in which case the minimum width of the space shall be 2.4 m.

Type of signs

6           A person required to designate a parking space or spaces shall do so by the use of signs

(a) the design, dimensions and locations of which meet the requirements prescribed by the regulations;

(b) that bear the international symbol of access for the physically disabled;

(c) that indicate that unauthorized use of the designated parking space is an offence for which a fine of not less than $100. must be imposed;

(d) that are located six feet above grade and are visible from inside a motor vehicle parked in a designated parking space;

(e) that are kept clear of snow or other obstructions that block the visibility of the signs; and

(f) that are nonmoveable or only movable by authorized persons.

Application of Highway Traffic Act provisions

7           Notwithstanding The Highway Traffic Act and notwithstanding authorized signs to the contrary, the driver of a motor vehicle on which a permit is displayed in accordance with section 4 may,

(a) where to do so is necessary to permit the person or any of the person's possessions to enter or leave the motor vehicle, stop the vehicle on the side of the roadway where stopping is not authorized, if the vehicle is stopped temporarily for the purpose of loading or unloading passengers or things; and

(b) stop, stand or park the vehicle so that the left rather than the right side of the vehicle is parallel to the edge of the roadway.

Entry on private land

8           A peace officer may enter on private land for the purpose of enforcing this Act and the regulations, and while so engaged is not liable for trespass.

Regulations

9           The Lieutenant Governor in Council may make regulations

(a) governing the terms and conditions upon which permits may be issued, respecting the duration and renewal of permits, and respecting their use, cancellation and suspension;

(b) prescribing fees for the issuance of permits;

(c) prescribing the number of designated parking spaces that a person or class of persons is required to designate for the purpose of subsection 5(1);

(d) prescribing requirements for the design and dimensions of signs for designated parking spaces;

(e) respecting the manner in which, and the locations where, signs for designated parking spaces shall be erected;

(f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Offence

10          A person who contravenes a provision of this Act or the regulations is guilty of an offence.

Penalty for offence against section 2

11(1)       A person who contravenes section 2 is liable on summary conviction,

(a) for a first offence, to a fine of not less than $100. and not more than $200; and

(b) for a subsequent offence, to a fine of not less than $150. and not more than $200.

Exception

11(2)       A physically disabled person, or a person operating a vehicle for a physically disabled person, who is charged with contravening section 2 because the person stopped or parked or permitted a motor vehicle to stand in a designated parking space without the required permit, shall not be convicted if the person

(a) produces in court or before the court appearance the required permit; and

(b) demonstrates entitlement to the permit at the time the charge was laid.

Penalty for offence against section 3 or the regulations

11(3)       A person who contravenes section 3 or the regulations is liable on summary conviction to a fine of not less than $100. and not more than $200.

Penalty for offence against section 5 or 6

11(4)       A person who contravenes section 5 or 6 is liable on summary conviction to a fine of not more than $5000.

Defence of due diligence

11(5)       A person charged with contravening section 5 or 6 shall not be convicted if the person demonstrates that he or she took all reasonable steps to prevent the occurrence of the act in respect of which the charge is laid.

C.C.S.M. reference

12          This Act may be referred to as chapter P63 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

13(1)       Subject to subsection (2), this Act comes into force on a day fixed by proclamation.

Section 7 royal assent

13(2)       Section 7 comes into force on the day this Act receives royal assent.