The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/442 |
2011 No. 442
Road Traffic
The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011
Made 15th December 2011
Laid before the Scottish Parliament 19th December 2011
Coming into force 6th February 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 44(1), (5), (6), (7) and (8) and 81(2) of the Transport (Scotland) Act 20011and all other powers enabling them to do so.
PART I
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011 and come into force on 6th February 2012.
Interpretation
2.—(1) In these Regulations—
“the 1994 Act” means the Vehicle Excise and Registration Act 19942;
“the 2001 Act” means the Transport (Scotland) Act 2001;
“the 28 day period”, in relation to a charge notice, means the period of 28 days beginning with the date of service of the notice;
“adjudicator”, except in the expression “parking adjudicator”, means a bus lane adjudicator in terms of regulation 11(a);
“appeal” means an appeal against the imposition of a charge;
“appeal period” means the period of 28 days specified in regulation 12(4);
“approved local authority” means an authority which is an approved local authority in terms of section 44(2) of the 2001 Act;
“charge certificate” has the meaning given by regulation 30(1)(b);
“charge notice” has the meaning given by regulation 8(1);
“contravention” means a bus lane contravention in terms of section 44(3) of the 2001 Act in which a vehicle is involved;
“the detection date” in relation to a contravention, means the date on which, according to a record produced by an approved device, the contravention occurred;
“enforcing authority” in relation to a charge means the approved local authority which imposed the charge;
“notice of rejection” means a notice served under regulation 10(3);
“proper officer” means a person appointed under regulation 11(b)(ii);
“the recipient”, in relation to a charge notice, means the person on whom the charge notice is served;
“register” means the register of appeals and decisions kept in accordance with regulation 29;
“relevant vehicle” means the vehicle involved in the contravention;
“statutory grounds of appeal” means the grounds, as specified in regulation 9(2), on which—
(a) representations against a charge notice may be made under regulation 9 to an approved authority; or
(b) an appeal may be made to an adjudicator under regulation 12;
“vehicle” means motor vehicle; and
“working day” means any day which is not a Saturday, a Sunday or a bank holiday in Scotland by virtue of section 1 of the Banking and Financial Dealings Act 19713.
(2) In these Regulations, in relation to an appeal or any process connected with an appeal—
“appellant” means the person making the appeal;
“authority” means the approved local authority which made the decision to impose the charge;
“charge notice concerned” means the charge notice conveying the authority’s decision to impose the charge;
“hearing” means an oral hearing;
“notice of appeal” means a notice sent under regulation 12; and
“party” means the appellant or the authority.
(3) In determining, for the purposes of these Regulations, whether and when a charge has been paid, it is to be taken to have been paid when the whole of the amount of the charge applicable in the circumstances of the case is received by the approved local authority concerned.
(4) References to the service of a notice or other document include service by post and, in determining for the purposes of these Regulations the date on which a notice or other document is served by post, it is to be presumed that service of a notice or other document sent by—
(a)
(a) first class post was effected on the person to whom it was addressed on the second working day after the day on which it was posted; or
(b)
(b) second class post was effected on the person to whom it was addressed on the third working day after the day on which it was posted,
unless the contrary is shown.
PART II
CHARGES FOR BUS LANE CONTRAVENTIONS
Charges
3.—(1) Subject to paragraph (2) and regulation 4, an approved local authority may impose a charge in respect of a contravention relating to any road within their area, except a road which is a special road in accordance with section 7 of the Roads (Scotland) Act 19844.
(2) A charge may be imposed only on the basis of a record produced by an approved device.
Level of charges
4.—(1) An approved local authority must not impose a charge in accordance with these Regulations unless—
(a)
(a) it has first set the rate of charge that is to apply within its area;
(b)
(b) the Scottish Ministers have approved those rates; and
(c)
(c) it has published in at least one local newspaper circulating in its area a notice specifying—
(i) the circumstances in which a charge may be imposed;
(ii) the rate of the charge; and
(iii) the date, being a day which falls after the end of the period of 15 days beginning with the day on which the notice is published, on which the authority will start to impose charges at that level,
and no charge is to be imposed before the date so specified.
(2) Each approved local authority is to make available, at all reasonable times, free of charge and in a form which is readily accessible to any member of the public, information about the level of the charge for the time being in force in its area.
(3) In the circumstances described in regulation 8(5)(f), an authority must accept a sum equivalent to one half of the rate of charge approved by the Scottish Ministers, in full payment of a charge.
(4) In the circumstances described in regulation 8(5)(k), an authority may increase a charge to a sum equivalent to one and a half times the rate of charge approved by the Scottish Ministers.
Liability of registered keeper for charges
5. A charge is to be paid by the registered keeper of the relevant vehicle unless regulation 6 applies.
Liability of persons other than the registered keeper for charges
6.—(1) A charge is to be paid—
(a)
(a) where the relevant vehicle is not registered under the 1994 Act, by the person by whom the relevant vehicle is kept at the time of the contravention;
(b)
(b) where the relevant vehicle—
(i) was at the time of the contravention the subject of a hiring agreement; and
(ii) the person hiring it, or an individual authorised to sign on that person’s behalf, has signed a statement of liability acknowledging that person’s liability in respect of any charge incurred during the currency of that hiring agreement,
by the person who has hired the vehicle under that hiring agreement;
(c)
(c) where—
(i) the relevant vehicle is kept by a vehicle trader; and
(ii) at the time of the contravention, a person other than the vehicle trader is the registered keeper of the relevant vehicle,
by the vehicle trader;
(d)
(d) where the registered keeper has sold or transferred the relevant vehicle before the time of the contravention, by the person by whom the relevant vehicle is kept at the time of the contravention.
(2) In this regulation—
“hiring agreement” means an agreement for the hire of a vehicle—
(a) under the terms of which the vehicle is let to the hirer for a fixed period of any duration (whether or not that period is capable of extension by agreement between the parties or otherwise);
(b) which contains such particulars as may for the time being be prescribed for the purpose of section 66 (hired vehicles) of the Road Traffic Offenders Act 19885; and
(c) which is not a hire purchase agreement within the meaning of the Consumer Credit Act 19746; and
“vehicle trader” has the same meaning as in regulation 20(6) (change of keeper: general provisions) of the Road Vehicle (Registration and Licensing) Regulations 20027.
Circumstances in which a charge need not be paid or is to be refunded
7.—(1) A charge is not payable under these Regulations where—
(a)
(a) the conduct constituting the contravention is the subject of criminal proceedings; or
(b)
(b) a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 19888, has been given in respect of that conduct.
(2) Where, notwithstanding the provisions of paragraph (1)—
(a)
(a) a charge has been paid in respect of a contravention; and
(b)
(b) the circumstances are as mentioned in paragraph (1)(a) or (b),
the approved local authority must, as soon as reasonably practicable after those circumstances come to their notice, refund the amount of the charge.
PART III
NOTIFICATION OF, AND REPRESENTATIONS ABOUT, CHARGES
Charge notices
8.—(1) Where an approved local authority has reason to believe that a charge is payable under Part II with respect to a vehicle, it may, in accordance with paragraphs (2) and (5), serve a notice (“charge notice”) on the registered keeper or on the person appearing to it to be the person liable to pay the charge.
(2) Subject to paragraph (3), a charge notice is to be served before the end of the period of 28 days beginning with the detection date.
(3) Where—
(a)
(a) within 14 days of the detection date an approved local authority has made a request to the Secretary of State for the supply of relevant particulars; and
(b)
(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a charge notice by virtue of paragraph (2),
the authority will continue to be entitled to serve a charge notice for a further period of 6 months beginning with the date mentioned in sub-paragraph (b).
(4) In...
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