Question 8750 — people with disabilities

Summary

Since January 1, 2017, the inclusion mobility card (CMI) has gradually replaced disability, priority and parking cards for disabled people. Announced as part of the National Disability Conference (CNH) in December 2014 and confirmed during the CNH in May 2016, this reform simplifies procedures for beneficiaries while shortening the time it takes to produce the card. All the criteria attribution and rights attached to old cards are maintained. Also, the CMI, personal card, therefore includes three possible mentions: disability, priority and parking. In particular, the CMI parking is awarded by the president of the departmental council to any person suffering from a disability which significantly and lastingly reduces their ability and autonomy to travel on foot or which requires them to be accompanied by a third person when traveling. This card allows its holder or the third person accompanying him or her to use, free of charge without limitation on the parking duration unless otherwise noted, all parking spaces open to the public (and no longer only spaces reserved for disabled people, as was the case before the entry into force of the law of March 18, 2015). This mention allows, under the same conditions, to benefit from other provisions which may be taken in favor of disabled people by the competent authorities in matters of traffic and parking. Continuing the simplification provided for by Law No. 2015-1776 of December 28, 2015 relating to the adaptation of society to aging, elderly people, beneficiaries of the personalized autonomy allowance (APA) classified in GIR 1 and 2 of the AGGIR grid, can be assigned the CMI disability and the CMI-parking automatically and definitively by the president of the departmental council. In addition, the department can now set up a simplified request and instruction circuit: in this case, the request for “priority” or “parking” CMI can be made at the time of the APA request directly to the departmental councils without have to contact the Departmental House for Disabled People. If the Government is sensitive to the expectations of people who temporarily experience a loss of autonomy in their travel, the various rights and benefits granted to disabled people, including the CMI, aim to compensate for a permanent disability or a foreseeable duration of at least one year. In fact, the legislator defines as constituting a disability any limitation of activity due to a substantial, lasting or permanent alteration of one or more physical, sensory, mental, cognitive or psychological functions (article L.114 of the social action and families code). This definition is consistent with that retained by article 1 of the United Nations Convention on the Rights of Persons with Disabilities, signed on December 13, 2006 and ratified by France on February 18, 2010 then by the European Union on January 5, 2011. Beyond specific measures to facilitate parking both through free parking and the creation of reserved spaces for disabled people, the law generally provides for the principle of accessibility of public transport services to people with reduced mobility. Article 45 of the law of February 11, 2005 for equal rights and opportunities, the participation and citizenship of people with disabilities thus provides that the travel chain, which includes the built environment, roads, arrangements for public spaces, transport systems and their intermodality, is organized to allow accessibility to people with disabilities or reduced mobility (temporary or permanent). In the event of proven technical impossibility of making existing networks accessible, means of transport adapted to the needs of people with disabilities or reduced mobility must be made available to them. They are organized and financed by the normally competent transport organizing authority within three years. As the legislator provides for the organization of alternative transport services, communities are therefore also fully committed to supporting the mobility of the most vulnerable people. Also, many departments and municipalities offer adapted transport, for example for the elderly, at reduced rates. Finally, it should be remembered that Health Insurance can also cover certain medical trips, if the person's state of health justifies it and under certain conditions, so that the person can go to medical visits or carry out medical procedures.

Machine translation from French. The official text remains authoritative.

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