Definition

This document grants its holder the right to use reserved parking spaces and benefit from the parking rights outlined by local councils and their respective bylaws which are designed to help private vehicles carrying people with reduced mobility.

 

Aim

The parking permit is a legal accreditation document for disabled persons who have reduced mobility so that they may stop or park their car as close as possible to their access point or destination. It is strictly for personal use only and cannot be shared. It may only be used when its holder is the vehicle driver or is travelling in the vehicle. It should be placed on the vehicle’s dashboard.

This type of permit is unique to the European Union, and as such, is valid for all the municipalities of the Valencian Community, for all Spanish territory and that of the European member states.

 

Requirements

     * Be registered in the area where the application form is filled out.   

     * Age: Be older than three years old.

     * Hold the necessary ruling which recognises your status as disabled, issued by the Disability Guidance and Assessment Centre linked to the corresponding regional head office of Social Welfare.

     * Reduced mobility: Have serious mobility problems which prevent the use of public transport. This will be determined by applying the grading system, which, like Annex III, is included in the Royal Decree 1.971/1999 of the 23rd December, regulating the acknowledgement, declaration and grade rating for disabilities (Official State Bulletin of the 26th January 2000). This will be carried out through a report issued by the Disability Guidance and Assessment Centre linked to the corresponding regional head office of Social Welfare.

 

Where to park?

     *  The vehicle driven by or transporting the permit holder can be parked in places which are duly sign posted with the international symbol corresponding to disabled people (a wheel chair) and which are accordingly reserved for holders of the parking permit.

     * Each municipality may have other specific and discretionary benefits in place relating to public parking.

     * The interested party should obtain information from their town council in order to benefit from these privileges.

 

Where to apply for the permit?

 

* Those interested in obtaining the parking permit should contact the Municipal Town Council where they are registered.    

* Old parking permits issued by different town councils are still valid. If the holder wishes to enjoy the benefits of the new model, they can carry out an exchange, providing that they satisfy the requirements of current regulations.

 

How is it processed?

Steps

- Present the application form and required documents.

- The guidance and assessment centres for disabled persons in the regional head offices of the Social Welfare department are eligible to issue procedural guidelines. Their offices will carry out the measures required to determine, gather and check the information used to make a final ruling.  

- The procedure guidelines for the assessment and qualification of disability with a view to determining a degree, will require the following appointments and obligatory reports.

1- Examination appointment.

Having received the application form, the guidance and assessment centre for disabled persons will notify the interested party of the day, time and location where the examinations and relevant tests are to be carried out.

In the case of an inadequately explained absence, you may lose the right to the corresponding procedure in adherence to what is established in article 76.3 of Law 30/1992 of the 26th November, of the Judicial System of Public Administration and of Common Administrative Procedures.

2- Examination

In order to draw up the reports, the disability assessment team shall be allowed to ask for any information, examinations or tests deemed necessary. Likewise, it may reports from other professionals at the guidance and assessment centre or from outside service providers.

When required by special circumstances of the interested parties, the disability assessment team can draft their report using medical, psychological, or if needed social reports issued by authorised professionals.

3- Issuance of the expert report.

Having carried out the relevant tests, appraisals and reports, the disability assessment team will then issue an expert report, which will be submitted, by the director of the disability guidance and assessment centre, to the head of the regional head office of Social Welfare.

-Any member of staff working in public administration who, owing to the nature of their work, knows information in relation to the clinical or social history of the interested party, is obliged to keep it confidential.

Ruling:

- If proceedings go ahead, the post holder of the regional head office of Social Welfare, will pass a clear ruling on the grading evaluation, based upon the expert medical reports, as well as giving the marks obtained on the scale used to determine the need for outside help or mobility issues.

- There is a six month maximum time frame in which to resolve and inform of the ruling. This period starts on the date the request form is received by an office eligible to process it.

- The expiry of the mentioned time frame with having received explicit notification will be classed as a rejection of the completed application form owing to administrative silence, for the purposes of lodging a previous administrative complaint.

- In cases of rejection by administrative silence, the explicit ruling prior to the expiry of the time frame will be adopted by the Administration without any link to the meaning of the silence.

- The disability evaluation rating shall be deemed as having been made on the date of the application form being presented in any of the registries or places provided for in article 38.4 of Law 30/1992, of 26th November, from the Regulation of Public Administration and Civil Administrative Proceedings.

- In all ruling which determine a certain level of disability, a time frame will be noted for your case, from which point onwards you can have your case revised due to a worsening or improvement of your condition.

 

What appeals can be made against the ruling?

- Prior to social jurisdiction action, interested parties may lodge a complaint, against rulings relating to the evaluation of the disability rating. This is in compliance with what is provided for in article 71 of the Rewritten Version of the Labour Proceedings Law, approved by Legislative Royal Decree 2/1995, on the 7th April.

- Complaints prior to jurisdiction action can be made during a period of 30 days following notification of the ruling being decided, and should be sent to the area director of Social Welfare.

 

Legal and/or documentary resources

Regulations

-Royal Decree 1971/1999, of the 23rd December of the Ministry of Labour and Social Matters, for the acknowledgment, assessment and qualification of level of disability (Official State Bulletin no. 22, de 26/01/2000).

- Royal Decree 1169/2003, of the 12th September of the Ministry of Labour and Social Matters, modifying the Appendix I of the Royal Decree 1971/1999, of the 23rd December of the Ministry of Labour and Social Matters, for the acknowledgment, assessment and qualification of level of disability (Official State Bulletin no. 238 of the 4/10/03).

- Order of the 19th November 2001, of the regional head office of Social Welfare, regulating the procedure for the acknowledgment, assessment and qualification of level of disability in the Valencian Community (Official Bulletin of Valencia no. 4136, of the 27/11/2001).

 

Legislation

See Order of the 19th November 2001.

http://www.pre.gva.es

 

What can be requested?

Request a revision of the level of disability due to a condition worsening or improving or a diagnosis and/or assessment error.

Aim of procedure.

The disability grading level can be subject to change, after the execution of the corresponding procedure in the following circumstances:

a) If the evaluation ruling was made on a short-term basis only, in view of a possible improvement in the circumstances leading to the evaluation, and the time period stated in the ruling has elapsed. In such a case, the administrative body will carry out a new evaluation.

b) If the evaluation ruling was made on a permanent basis, a new evaluation may be carried out owing to a worsening or improvement in circumstances, providing that two years have passed since the date of the previous rating.

In exceptional circumstances, cases where a sufficient diagnosis error is adjudged or substantial changes have occurred in the circumstances which led to the evaluation rating, it is not necessary for that period of time to pass.

 

Who can initiate this procedure?

The interested party/Applicants

They will have the faculty to ask for the revision of the level of disability.

- By request of the interested party: The interested party or his/her legal representative.

- The entity involved: The regional head office of Social Welfare that established the disability.

 

When can you ask for it?

Deadline:

During the whole year.

 

Where to go?

- In the registers of the administrative entities or in any administrative organization belonging to the General Public Administration, in any Autonomous Community, in any entity related to the local Administration if it has the corresponding agreement, and in the diplomatic and consular offices of Spain in other countries.

- In any Post Office. In this case, the application should be presented in an open envelope to stamp the application form and the copy including the date.

- And preferably in:

GUIDANCE AND ASSESSMENT CENTRE FOR DISABLED PERSONS OF ALICANTE (Centro de Evaluación y Orientación de Discapacitados de Alicante)

C/ FERNANDO MADROÑAL, 52

03007 Alacant/Alicante

Tel: 965934751

 

Required documentation:

In cases of revision by request of the interested party, the documentation should include all the medical, psychological and social reports concerning the relevant circumstance.

Relevant forms:

APPLICATION FOR THE ASSESSMENT OF THE LEVEL OF DISABILITY RD 1971/1999, of the 23rd December (Official State Bulletin of the 26/1/00 and Official State Bulletin of the 13/3/00)

http://wwws.gva.es/downloads/publicados/IN/22021_BI.pdf

 

How is it processed?

Steps

- Present the application form and required documents.

- Once the revision starts, the procedure will take place as follows: The guidance and assessment centres for disabled persons in the regional head offices of the Social Welfare department are eligible to issue procedural guidelines. Their offices will carry out the measures required to determine, gather and check the information used to make a final ruling.

- The procedure guidelines for the assessment and qualification of disability with a view to determining a level, will require the following appointments and obligatory reports.

1- Examination appointment.

Having received the application form, the guidance and assessment centre for disabled persons will notify the interested party of the day, time and location where the examinations and relevant tests are to be carried out.

In the case of an inadequately explained absence, you may lose the right to the corresponding procedure in adherence to what is established in article 76.3 of Law 30/1992 of the 26th November, of the Judicial System of Public Administration and of Common Administrative Procedures.

2- Examination

In order to draw up the reports, the disability assessment team shall be allowed to ask for any information, examinations or tests deemed necessary.  Likewise, it may reports from other professionals at the guidance and assessment centre or from outside service providers.

When required by special circumstances of the interested parties, the disability assessment team can draft their report using medical, psychological, or if needed social reports issued by authorised professionals.

3- Issuance of the expert report.

Having carried out the relevant tests, appraisals and reports, the disability assessment team will then issue an expert report, which will be submitted, by the director of the disability guidance and assessment centre, to the head of the regional head office of Social Welfare.

-Any member of staff working in public administration who, owing to the nature of their work, knows information in relation to the clinical or social history of the interested party, is obliged to keep it confidential.

- The post holder of the regional head office of Social Welfare, within a six month maximum time from the date the request form is received, will pass a clear ruling on the revision evaluation and will inform the interested party.

- If the ruling determines a certain level of disability, the notification will necessarily establish the deadline to ask for a new revision for both the improvement and the worsening.

- If no ruling is notified within the established deadline, the level of disability in question will be considered as confirmed.

 

Legal and/or documentary resources

Regulations

-Royal Decree 1971/1999, of the 23rd December of the Ministry of Labour and Social Matters, for the acknowledgment, assessment and qualification of level of disability (Official State Bulletin no. 22, de 26/01/2000).

- Royal Decree 1169/2003, of the 12th September of the Ministry of Labour and Social Matters, modifying the Appendix I of the Royal Decree 1971/1999, of the 23rd December of the Ministry of Labour and Social Matters, for the acknowledgment, assessment and qualification of level of disability (Official State Bulletin no. 238 of the 4/10/03).

- Order of the 19th November 2001, of the regional head office of Social Welfare, regulating the procedure for the acknowledgment, assessment and qualification of level of disability in the Valencian Community (Official Bulletin of Valencia no. 4136, of the 27/11/2001).

 

Legislation

See Order of the 19th November 2001.