MOTOR VEHICLES ACT 1959 - SECT 98T
MOTOR VEHICLES ACT 1959 - SECT 98T
98T—Permit contents, conditions and entitlements
(1) A
disabled person's parking permit may be used for the purposes of obtaining the
benefit of parking exemptions or concessions conferred by the
Australian Road Rules under the Road Traffic Act 1961 or by any other
Act.
(1a) A
disabled person's parking permit must include a people with disabilities
symbol as defined in the Australian Road Rules .
(1b) It is a condition
of use of a disabled person's parking permit in relation to a vehicle
that—
(a) the
vehicle must be being used—
(i)
in the case of a permit issued to a
disabled person—for the transportation of the disabled person; or
(ii)
in the case of a permit issued to an
organisation—for the transportation of a disabled person to whom the
organisation provides services; and
(b) the
permit must be displayed on the inside of the windscreen on the side opposite
to the driver's position (or, if the vehicle does not have a windscreen, in
some other prominent position) so that the permit is easily legible to a
person standing beside the vehicle.
(1c) A
disabled person's parking permit is not to be taken to be lawfully displayed
in a vehicle for the purposes of any other Act unless it is displayed in the
vehicle in accordance with the condition referred to in
subsection (1b)(b).
(a) who
is the holder of a disabled person's parking permit; and
(b) who
drives a motor vehicle to and from the person's place of employment,
may apply in writing to the council of the area in which that place of
employment is situated, for permission to park a motor vehicle near to that
place of employment.
(3) A council to which
an application is duly made under subsection (2) may, after consultation
with the applicant, make such arrangements for the parking of the applicant's
motor vehicle near to the place of employment while the applicant is in
attendance at that place as are reasonably practicable, having regard
to—
(a) the
speed of movement of the applicant and the distance the applicant is able to
move without undue difficulty; and
(b) the
particular needs, requirements and disabilities of the applicant; and
(c) the
range of other parking facilities that may be available, accessible and
convenient to the applicant.
(4) A council must,
for the purposes of giving effect to an arrangement under subsection (3),
grant such an exemption under section 174C of the Road Traffic Act 1961
(whether conditional or unconditional) as may be necessary.
(5) A council may,
after consultation with the person in relation to whom an arrangement has been
made under subsection (3), revoke or vary that arrangement.
(6) A person who is
aggrieved by a decision of a council to refuse to make an arrangement under
subsection (3), or to revoke or vary such an arrangement, may seek a
review of the decision by the Tribunal under section 34 of the
South Australian Civil and Administrative Tribunal Act 2013 .
(7) An application for
review must be made to the Tribunal within 28 days of the making of the
decision.
(8) If the reasons of
the council are not given in writing at the time of making the decision that
is to be the subject of a review and the person seeking the review, within
1 month of the making of the decision, requires the council's reasons in
writing, the time for applying for a review runs from the time when the person
receives the written statement of those reasons.