Driving on motorways in wheelchair adapted car...

hullaballoo

There are a number of different discussions going on at the moment around motorways in Ireland and their use/misuse/abuse and as a result, someone queried what is meant by "invalid carriages" as per this sign:

http://www.menatwork.co.uk/wp-content/uploads/2012/06/8ft-wide-x-6ft-drop.jpg

I explained these are the likes of mobility scooters etc. because invalid is an archaic term for someone with a physical incapacity.

Then I jokingly said that I'd see whether the regulations prohibiting "invalid carriages" inadvertently exclude cars adapted for use by people such as wheelchair users (hand controls etc.)

The I went looking and found this: http://www.irishstatutebook.ie/eli/1977/si/396/made/en/print

I have not been able to find any more recent regulations that have amended or repealed this, admittedly not having spent a huge amount of time trying to negotiate the legislation directory, which is next to impossible when looking at SIs.

Can this really be the case and are such vehicles excluded because the technology that allows "invalids" to travel in their own carriages has surpassed the regulations?

GM228

hullaballoo wrote: »

There are a number of different discussions going on at the moment around motorways in Ireland and their use/misuse/abuse and as a result, someone queried what is meant by "invalid carriages" as per this sign:

http://www.menatwork.co.uk/wp-content/uploads/2012/06/8ft-wide-x-6ft-drop.jpg

I explained these are the likes of mobility scooters etc. because invalid is an archaic term for someone with a physical incapacity.

Then I jokingly said that I'd see whether the regulations prohibiting "invalid carriages" inadvertently exclude cars adapted for use by people such as wheelchair users (hand controls etc.)

The I went looking and found this: http://www.irishstatutebook.ie/eli/1977/si/396/made/en/print

I have not been able to find any more recent regulations that have amended or repealed this, admittedly not having spent a huge amount of time trying to negotiate the legislation directory, which is next to impossible when looking at SIs.

Can this really be the case and are such vehicles excluded because the technology that allows "invalids" to travel in their own carriages has surpassed the regulations?

Only an invalid carriage weighing under 400kg are not allowed.

1977 regulations were revoked in 1994.

S7 of the Roads Regulations 1994 is now the appropriate regulation and still excludes invalid carriages.

http://www.irishstatutebook.ie/eli/1994/si/119/made/en/print

Invalid carriage carries the definition from the Finance (Excise and Duties)(Vehicles) Act 1952 as amended.

vehicles (including any cycle with an attachment for propelling it by mechanical power) not exceeding 400 kilograms in weight unladen adapted and used for invalids

hullaballoo

GM228 wrote: »

Only an invalid carriage weighing under 400kg are not allowed!

1977 regulations were revoked in 1994.

S7 of the Roads Regulations 1994 is now the appropriate regulation and still excludes invalid cartiages.

http://www.irishstatutebook.ie/eli/1994/si/119/made/en/print

Invalid carriage carries the definition from the Finance (Excise and Duties)(Vehicles) Act 1952 as amended.

Thanks for that. I had seen the later definition in my search but I missed that the 1994 regulations revoked the 1977 ones.

It is interesting that an adapted motorbike, for example, is still banned as well as some lighter road cars!

Paz-CCFC

Could such a provision be considered unconstitutional under the (albeit very limited) Article 40.1 regarding equality? Or else the minister could have acted ultra vires his statutory powers in creating such a regulation.

In a European Union context, see the Charter of Fundamental Rights on the EU: Articles 21 (non-discrimination) and 26 (integration of persons with disability). Such a restriction would seem to be a breach of these basic rights.

Also, could it offend Article 14 of the ECHR? It doesn't specifically mention disability, but it gives a non-exhaustive list.

GM228

Paz-CCFC wrote: »

Could such a provision be considered unconstitutional under the (albeit very limited) Article 40.1 regarding equality? Or else the minister could have acted ultra vires his statutory powers in creating such a regulation.

In a European Union context, see the Charter of Fundamental Rights on the EU: Articles 21 (non-discrimination) and 26 (integration of persons with disability). Such a restriction would seem to be a breach of these basic rights.

Also, could it offend Article 14 of the ECHR? It doesn't specifically mention disability, but it gives a non-exhaustive list.

They are restricting a vehicle type, not a person with disability.

Peregrinus

Nevertheless it's a restriction that's obviously going to impact on persons with a disablity in a way that it won't impact on others, so I don't think that gives them a complete out.

I think what they would need to do is show that the restriction was justified for reasons which are unrelated to the disability status of the vehicle user. I suspect they could do that without too much difficulty.

Johnboy1951

vehicles (including any cycle with an attachment for propelling it by mechanical power) not exceeding 400 kilograms in weight unladen adapted and used for invalids

IIUC,

1. A motor bike with side car is allowed on the motorway.

2. A motor bike with side car and its controls altered for use by a person with disability, is not allowed on the motorway.

3. Vehicles over 400Kgs adapted for disability use or not are allowed.

I cannot figure out any reason for 2.

gctest50

Johnboy1951 wrote: »

...........

I cannot figure out any reason for 2.

.

Peregrinus

Johnboy1951 wrote: »

IIUC,

1. A motor bike with side car is allowed on the motorway.

2. A motor bike with side car and its controls altered for use by a person with disability, is not allowed on the motorway.

3. Vehicles over 400Kgs adapted for disability use or not are allowed.

I cannot figure out any reason for 2.

My wild guess would be that the number of motorcycle-and-sidecar combinations with disability-adapted controls is not sufficiently great to warrant specific legislative provision, and they reckon the issue can be more effectively and flexibly handled through pragmatic enforcement decisions.

Johnboy1951

Peregrinus wrote: »

My wild guess would be that the number of motorcycle-and-sidecar combinations with disability-adapted controls is not sufficiently great to warrant specific legislative provision, and they reckon the issue can be more effectively and flexibly handled through pragmatic enforcement decisions.

Wild guess indeed!
There is no need for specific legislation, only that existing legislation does not affect those it should not.

It does not have to be a bike & sidecar .... could be a motor bike with adapted hand controls to overcome some weakness of one hand.

The effect of present legislation is that adapted vehicles of lighter weight are not permitted on motorways.

The question is WHY?
Unadapted vehicles of lighter weight are allowed.

In the absence of a reason it seems the legislation needs to be corrected.