Transport Department's response to Ombudsman's direct investigation report
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The TD expresses appreciation for the work of the Ombudsman in the direct investigation, and agrees with the recommendations in the report. Having considered that people with physical paralysis/lower limb mobility disabilities need to use wheelchairs and be accompanied by carers for transporting, and that there is also a practical need to use the on-street parking spaces designated for the disabled (designated on-street parking spaces) with a larger space, the TD has extended the eligibility for using designated on-street parking spaces to holders of a Parking Certificate for Drivers Who Carry People with Mobility Disabilities (Parking Certificate) from January 2021. The new measure aims at promoting social integration of persons with disabilities as well as supporting and easing the burdens of carers. The TD appreciates the Ombudsman's concurrence that the objectives of the new measure are in line with the current policy direction.
The implementation of the new measure has its special background, which originated from an application for the leave of a judicial review in March 2019. Due to severe physical disabilities, the appellant is wheelchair-bound and must be accompanied by a carer for travelling. The appellant could not drive, and hence was not able to apply for a Disabled Person's Parking Permit. After having considered the legal advice, the Government has decided to extend the eligibility for using designated on-street parking spaces to holders of Parking Certificate as soon as possible with a view to balancing and catering for the travel needs of persons with different types of disabilities (including those who are capable of driving on their own and those who are not). With hindsight, the TD agrees that before implementing the new measure, all relevant stakeholders should have been fully consulted and the implementation details be considered more carefully. In response to the views of different stakeholders after the implementation, the TD has immediately made improvements, including tightening the application and approval requirements for the Parking Certificate, and strengthening the monitoring of the use of on-street parking spaces. The TD will continue to maintain communication with stakeholders.
Also, the TD understands that the opening up of the designated on-street parking spaces to holders of Parking Certificates will increase the demand for these parking spaces. After implementation of the new measure, the TD has been actively reviewing the parking demands of different types of vehicles in various districts and increasing the designated on-street parking spaces at suitable locations. The TD has listened to the views of relevant groups of people with disabilities in the course of increasing the number of the designated on-street parking spaces and have increased the parking spaces where the demand is higher as far as practicable. From implementation of the new measure to the end of March 2023, the designated on-street parking spaces have been increased from 449 to 531, and 36 spaces are under construction or ready to be built. The TD will continue to review the demand and supply of the designated on-street parking spaces, and conduct regular surveys on the utilisation rate of designated on-street parking spaces with a view to fully assessing the supply and demand of the designated on-street parking spaces, and seriously explore the feasibility of imposing restrictions on the use of the designated on-street parking spaces to facilitate the circulation of designated on-street parking spaces.
On the recommendation of the Ombudsman, the TD will further comprehensively review the application eligibility and approval criteria of the Parking Certificates, and enhance measures to deter improper use of these certificates in various ways, and draw up reasonable requirements for the types of vehicle used by Parking Certificate holders. It is expected that relevant parties will be consulted on the proposed measures in the second half of 2023.
In addition, the TD will study the use of new technologies to install a smart monitoring system at designated on-street parking spaces to strengthen monitoring of their usage.
The TD will continue to closely monitor the usage of the designated on-street parking spaces and maintain close liaison with the relevant groups of persons with disabilities and other stakeholders to listen to their views on measures concerning these parking spaces, with a view to balancing and addressing concerns and travel needs of persons with different types of disabilities.
Ends/Thursday, April 27, 2023
Issued at HKT 15:45
Issued at HKT 15:45
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