Challenge over medical criteria for disabled parking permit settled

High Court reporters

A legal challenge to the medical criteria used to decide who gets a disabled car parking permit has been settled, the High Court has been told.

The father of a boy who was refused a permit had brought the challenge against the company operating the Irish Wheelchair Association (the IWA Co Limited by guarantee), the Minister for Transport and the State.

He sought a number of declarations and an order quashing the decision, which was made by the IWA on behalf of the Minister, to refuse a permit.

In seeking the declarations, it was claimed the decision was unlawful and outside the powers of the respondents.

It was also claimed that the Road Traffic (Traffic and Parking) Regulations 1997, under which permits are issued, is unlawful because, it is alleged, the definition of a disabled person is arbitrary, unjust, partial and discriminatory.

It was further claimed that a section of the 1994 Road Traffic Act is unconstitutional because it delegates too broad a rule-making power to the Minister.

As part of the proceedings, an order was also sought sending the matter back to the IWA with a direction to reconsider it in accordance with the determination of the court.

Two days next week were set aside for the court to hear the case but Derek Shorthall SC, for the plaintiff, told Ms Justice Niamh Hyland the case had been settled.

At the request of counsel, the judge vacated the hearing dates.